Draft of the Civil Code of China with Explanatory Notes: General Provisions

Author: Liang Huixing
Publisher:
Publish Date: 2004-12-01
Features: The General Provisions of the Civil Code are the common rules extracted from the two main parts of the Civil Code—persons and things—using the so-called "factor extraction" method. Through this legislative technique, the content of the civil law and property law parts of the Civil Code are integrated, forming a logically rigorous and interconnected organic whole. The establishment of the General Provisions in the Civil Code is a tradition of German civil law and the German Civil Code, one of the most striking styles of the German Civil Code, which vividly reflects the legislative characteristics of the German Civil Code's "abstract and generalizing" approach. The General Provisions of the Civil Code stipulate the basic principles and systems of civil law, not only serving as the foundation of civil law but also the foundation of the rule of law. The abstract and general rules in the General Provisions of the Civil Code provide the basis for the development of civil law, and through the application of legal interpretation methods, civil law remains aligned with social life. Property law stipulates the basic rules of the existing ownership relationships of property, serving as the prerequisite for market transaction relationships and the foundation of the legal order of the market economy. Together with the law of obligations, it forms the two pillars of property law in civil law. Property rights are the right to dominate things, corresponding to the right of claims against persons in the law of obligations. Property rights are divided into full property rights and incomplete property rights: full property rights refer to ownership, while incomplete property rights include usufructuary rights and security rights.