What are the main points of the Civil Code? Basic content of the Civil Code

Stick to the half-slope.

With the mother sitting under the eaves.

They have the same temperament.

Sympathize with each other.

When half a cold moon rises.

Dark incense floats, just for.

In front of the window where the lone lamp shines.

Looking at the shadow of the constant return.

When Bai Lu stood on the top of the slope.

Mother holding a simple ballad.

From top to bottom, sing to.

Every trembling petal in the wind chill.

Clears away heat and detoxifies.

Hidden in his mother's neglected box.

One day after the great cold.

Boil a bowl of warm tea and wait for me cite=

The Civil Code of the People's Republic of China consists of 7 parts and 1,260 articles, which are General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. The Civil Code is very important to protect the rights and interests of the people, from the state ownership system and land system, to neighborhood disputes, marriage and family, production and operation, personal information protection, and private property protection. Let citizens live with more dignity, and ensure that everyone enjoys personal dignity, personal freedom, the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to privacy, the right to marital autonomy, and all kinds of property rights.

The Civil Code of the People's Republic of China is called'Encyclopedia of social life'It is the first law named after the code in New China, which occupies a fundamental position in the legal system and is also the basic law of the market economy. Specifically, if it is residential land, it will be automatically renewed after expiration, and whether and how much to pay the renewal fee is stipulated by specific laws and regulations; If it is a non-residential land, it may be handed over according to law after expiration; The ownership of the immovable property on the ground shall be handled in accordance with the agreement first, and if there is no agreement, it shall be in accordance with the law.

Further information: Property rights are important property rights enjoyed by civil subjects in accordance with the law. The legal system of property rights is one of the most important basic civil systems to regulate the civil relations arising from the ownership and use of things.

In 2007, the Fifth Session of the 10th National People's Congress passed the Property Law.

Legal basis: Article 1 of the Civil Code of the People's Republic of China is formulated in accordance with the Constitution in order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote the core values of socialism. Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

1. What is included in the Civil Code (the Civil Code will come into force on January 1, 2022).

The content of the Civil Code is very numerous, including seven chapters, namely General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance and Tort Liability.

Civil Code of the People's Republic of China

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

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.

2. The content of citizens' civil rights.

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 have property content 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, personal rights, and intellectual property rights all belong to the right of domination.

The right to request refers to the right to request others to do or not to do a certain thing.

The right of defense, in a broad sense, refers to the right to defend the claim or the right to deny the claims of others, and some are called the right to object; In a narrow sense, it refers to the right to oppose the right to claim.

The right of formation refers to the right of the right holder to change the legal relationship by expressing his or her own will.

3. According to the scope of validity of civil rights, civil rights can be divided into absolute rights and relative rights.

Absolute right, also known as hereditary right, refers to the right of any person whose effect extends to all persons, that is, the obligor is unspecified. Property rights, intellectual property rights, and personal rights are all absolute rights.

Relative rights, also known as human rights, refer to the rights whose effect extends to specific persons, that is, the rights of the obligor to a specific person. Claims are typical of relative rights.

4. According to the relationship between two interrelated rights, civil rights can be divided into primary rights and subordinate rights.

A principal right refers to a right that can exist independently of two related rights without relying on the other right.

A subordinate right is a right whose effect is subject to the other right of two related rights.

5. According to whether there is a derivative relationship between them, civil rights can be divided into original rights and remedy rights.

The original right is the basic right and the right in the right-based civil legal relationship.

The right to remedy is derived from the original right, and the right to arise in the event of an infringement or a real danger of infringement of the original right is a right in a protective legal relationship.

6. According to whether the rights are transferable or not, civil rights can be divided into exclusive rights and non-exclusive rights.

Exclusive right refers to the right that is not transferable, and the right holder generally cannot be transferred, nor can it be transferred in accordance with the inheritance procedure. The right of personality is an exclusive right.

Non-exclusive rights refer to rights that are transferable and can be transferred by the right holder or in accordance with the inheritance procedure. Property rights are mostly non-exclusive.

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.

Legal analysis: The Civil Code of the People's Republic of China will come into force on January 1, 2021.

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, 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.

Legal Analysis: The Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects.

Legal basis: Civil Code of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution, so as to protect the lawful rights and interests of civil entities, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the core values of socialism.

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.