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The Civil Code is equivalent to an encyclopedia for dealing with civil legal relations, which contains the legal basis for the settlement of various types of civil disputes.
The role of the Civil Code is to amend some legal provisions on the Contract Law, Property Law, Marriage Law, Inheritance Law, etc., so as to make them more in line with the civil conditions of contemporary China, so that judges have the law to follow when making judgments.
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Hello, Part I, General Provisions.
Chapter I: Basic Provisions.
Article 1: [Legislative Purpose]In order to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote socialism.
Heart values, in accordance with the Constitution, this law is enacted. Directory.
Article 2: [Scope of Adjustment]The Civil Law regulates the autonomy of equal subjects.
The personal and property relations between persons, legal persons and unincorporated organizations.
Article 3: [Civil Rights and Interests Protected by Law] Persons who are civil subjects.
Article 4: [Principle of Equality]The legal status of all civil subjects in civil activities is equal.
Article 5: [Principle of Voluntariness]Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.
Article 6: [Principle of Fairness]Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 7: [Principle of Creditworthiness]Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their promises.
Article 8: [Principles of Law-abiding and Public Order and Good Customs]Civil entities engaging in civil activities must not violate the law or violate public order and good customs.
Article 9 of the Catalogue [Green Principles]Civil entities engaging in civil activities shall be conducive to conserving resources and protecting the ecological environment.
Article 10: [Application of Law]The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.
Article 11: [Priority Application of Special Law]Where other laws have special provisions on civil relations, follow those provisions.
Article 12: [Scope of Effect]The laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.
Chapter 2 Natural Persons.
Section 1: Capacity for civil rights and civil conduct.
Article 13: [Beginning and End of Natural People's Capacity for Civil Rights and Rights]From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.
Article 14: [Equality of Capacity for Civil Rights and Civil Rights of Natural Persons]All natural persons have equal capacity for civil rights.
Article 15: [Criteria for Judging the Time of Birth and Death of Natural Persons] The time of birth and death of a natural person shall be subject to the time recorded in the birth directory and death certificate: where there is no birth certificate or death certificate, the time recorded in household registration or other valid identity shall prevail. Where there is other evidence sufficient to overturn the time recorded above, the time proved by that evidence shall prevail.
Article 16: [Special Protection of Fetal Interests]Where the protection of fetal interests such as inheritance or acceptance of gifts is involved, the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist ab initio.
[Legal basis].
Civil Code
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My wife gave birth to a boy in 2007 in Ketang Town, Haifeng County, Guangdong, because the man took away the birth certificate at that time, and then she married me and brought the child over to raise it so far, because she and the child's biological father did not apply for a marriage certificate and lived together to give birth to a baby, now we go to Guangdong to make up the birth certificate can be supplemented? What to do if the hospital refuses! Reply to it!
Thank you!!!
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The significance of the enactment of the Civil Code of the People's Republic of China is as follows:
1. The compilation of the Civil Code is a practical need to uphold and complete the socialist system with Chinese characteristics;
2. The compilation of the Civil Code is a major measure to promote the comprehensive governance of the country according to law and the modernization of the national governance system and governance capacity;
3. The compilation of the Civil Code is an objective requirement for upholding and improving the basic socialist economic system and promoting high-quality economic development.
The whole article runs through the people-centered development thinking, focuses on meeting the people's needs for a better life, embodies the full protection of the people's rights, and is known as the "declaration of people's rights in the new era".
Civil Code of the People's Republic of China
Article 220 Where the right holder or interested party believes that the matters recorded in the immovable property register are incorrect, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction. If the right holder recorded in the real estate registration book does not agree to the correction, the interested party may apply for registration of objections.
If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant. Article 221:Where a party signs an agreement on the sale or purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement.
If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid. Article 222:Where parties provide false materials to apply for registration, causing harm to others, they shall bear liability for compensation. If damage is caused to others due to registration errors, the registration authority shall be liable for compensation.
After the registration authority has made compensation, it may recover from the person who caused the registration error.
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The Civil Code regulates all aspects of our lives. We have two ridiculous views: simply put, what we have learned in half a lifetime is ruined in one fell swoop; What is the second point? Whether it's a new bottle or an old wine, it's all wrong, it's a joke.
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The Civil Code of the People's Republic of China is the first law named after the "Code" since the founding of the People's Republic of China.
According to the style of the Civil Code, it is divided into seven parts, including General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, and Tort Liability, with a total of 1,260 articles.
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Summary. Dear, I am glad to answer for you that there are many contents of the Civil Code, including seven chapters, namely General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance and Tort Liability. Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.
Article 3: Civil subjects' personal rights, property rights, and other lawful rights and interests are protected by law, and must not be infringed upon by any organization or individual. Article 4: The legal status of all civil entities in civil activities is equal. Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.
Dear, I am glad to answer for you that the content of the Civil Code is very large, including seven chapters, namely General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance and Tort Liability. Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects. Article 3: Civil subjects' personal rights, property rights, and other lawful rights and interests are protected by law, and must not be infringed upon by any organization or individual.
Article 4: The legal status of all civil entities in civil activities is equal. Article 5: When engaging in civil activities, civil entities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own will.
1. According to whether civil rights are based on property interests, civil rights can be divided into property rights and personal rights. Property rights refer to civil rights that directly embody property interests with property interests as their content. Property rights include not only property rights, creditor's rights, inheritance rights, but also property rights in intellectual property rights.
Personal rights refer to rights that do not directly possess property and are inseparable from the subject's person. Including personality rights and identity rights. 2. According to the role of rights, civil rights can be divided into the right to control, the right to request, the right to defend and the right to form.
The right of domination refers to the right of the subject to directly control the object of rights and enjoy its benefits. Property rights, the right to quickly attack the body, and intellectual property rights all belong to the right of domination.
In principle, laws do not have retroactive effect, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations, which are theoretically called retroactive benefits. This so-called retroactivity of benefits has been applied from ancient times to the present in the application of criminal law, but there is no uniform provision in the application of civil law. It is necessary to analyze the situation according to the specific situation to see whether the application of the Civil Code is more conducive to protecting the legitimate rights and interests of the parties, or whether the application of the law at that time is more conducive to protecting the rights and interests of the parties. >>>More
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