What is the basis for the revision of the draft General Provisions of the Civil Code

The General Provisions of the Civil Law have been repealed, and after the Civil Code came into effect in 2021, the General Provisions of the Civil Law, the General Principles of the Civil Law, the Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, and the Contract Law of the People's Republic of China have all been repealed.

Article 1260 of the Civil Code of the People's Republic of China.

This Law shall come into force on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

The General Provisions of the Civil Law have been repealed, and after the Civil Code came into effect in 2021, the General Provisions of the Civil Law, the General Principles of the Civil Law, the Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, and the Contract Law of the People's Republic of China have all been repealed.

Legal basis] Article 1260 of the Civil Code of the People's Republic of China.

This Law shall come into force on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

The General Principles of the Civil Law promulgated in 1986 are a milestone in the history of China's civil legislation, and play an important role in protecting the legitimate rights and interests of civil subjects, correctly adjusting civil relations, and maintaining social and economic order. The General Principles of the Civil Law not only stipulate some basic systems and general rules of the Civil Law, but also stipulate specific contents such as contracts, ownership and other property rights, intellectual property rights, civil liability, and the application of laws in foreign-related civil relations, which can be said to be a mini-civil code. The General Principles of the Civil Law are based on the General Principles of the Civil Law, basically absorb the basic civil system and general rules stipulated in the General Principles of the Civil Law, and at the same time supplement, improve and develop.

The General Principles of the Civil Law stipulate that the specific contents of contracts, ownership and other property rights, intellectual property rights, and civil liability need to be systematically integrated in the next step of compiling the Civil Code. Based on this, after the adoption of the General Principles of the Civil Law, the General Principles of the General Principles of the Civil Law will be repealed after the systematic integration of the contents of the various parts of the Civil Code. Where the general principles of the civil law are inconsistent with the general principles of the civil law, the general principles of the civil law shall apply in accordance with the principle that the new law prevails over the old law.

Article 1260 of the Civil Code of the People's Republic of China: This Law takes effect on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

The age of a person with limited capacity for civil conduct has been changed to 8 years old.

After the adoption of the draft, the general provisions of the Civil Law will not be repealed for the time being, and will be repealed after the contents of the various parts of the Civil Code are systematically integrated. Where the provisions of the General Provisions of the Civil Law are inconsistent with the provisions of the General Principles of the Civil Law, the provisions of the General Provisions of the Civil Law shall apply in accordance with the principle that the new law prevails over the old law.

Civil Law Office of the Legislative Affairs Commission: After the adoption of the General Provisions of the Civil Law, the General Principles of the Civil Law will not be abolished for the time being.

Once the General Provisions are adopted, the General Principles will be abolished, and the General Principles will be an upgraded version of the General Provisions.

Legal Analysis: Repealed. After the implementation of the Civil Code, China's current Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time.

Legal basis: Article 1260 of the Civil Code of the People's Republic of China: This Law shall take effect on January 1, 2021. The "Marriage Law of the People's Republic of China", "Chan Qin as the Inheritance Law of the People's Republic of China", "General Principles of the Civil Law of the People's Republic of China", "Adoption Law of the People's Republic of China", "Guarantee Law of the People's Republic of China", "Contract Law of the People's Republic of China", "Property Law of the People's Republic of China", "Tort Liability Law of the People's Republic of China", and "General Provisions of the Civil Law of the People's Republic of China" shall be repealed at the same time.