Draft of the Civil Code of China with Explanations: Tort Chapter. Inheritance Chapter

Author: Tort and Inheritance
Publisher:
Publish Date: 2004-12-01
Features: Tort law is essentially a remedial law, serving as a civil remedy when citizens' legitimate rights and interests are infringed upon. Therefore, it falls under mandatory provisions, and parties are not allowed to agree to exclude its application. However, the rights and obligations arising from torts are fundamentally the same as those arising from contracts, thus both belong to the law of claims, known as tort claims. The difference between tort claims and contractual claims lies in the former being legally imposed obligations, while the latter are voluntarily assumed obligations. Nevertheless, both share the same nature of rights, being relative and claim rights, with common essence and effects. Their transfer, modification, fulfillment, extinction, as well as divisible and indivisible claims, generic and specific claims, selective claims, separate claims, and joint claims, all follow the same rules, i.e., the general principles of claims. Therefore, most legislative examples place the rules of torts in the general principles of claims section of the of the Civil Code.
Inheritance law stipulates the basic rules for the transfer of property after a natural person's death, and inheritance rights are property rights based on blood or kinship relationships. As an important part of the Civil Code, inheritance law should naturally be included as a separate section of the Civil Code.
Tort law is essentially a remedial law, serving as a civil remedy when citizens' legitimate rights and interests are infringed upon. Therefore, it falls under mandatory provisions, and parties are not allowed to agree to exclude its application. However, the rights and obligations arising from torts are fundamentally the same as those arising from contracts, thus both belong to the law of claims, known as tort claims. The difference between tort claims and contractual claims lies in the former being legally imposed obligations, while the latter are voluntarily assumed obligations. Nevertheless, both share the same nature of rights, being relative and claim rights, with common essence and effects. Their transfer, modification, fulfillment, extinction, as well as divisible and indivisible claims, generic and specific claims, selective claims, separate claims, and joint claims, all follow the same rules, i.e., the general principles of claims. Therefore, most legislative examples place the rules of torts in the general principles of claims section of the of the Civil Code.
Inheritance law stipulates the basic rules for the transfer of property after a natural person's death, and inheritance rights are property rights based on blood or kinship relationships. As an important part of the Civil Code, inheritance law should naturally be included as a separate section of the Civil Code.