Civil Code knowledge points are released, which ones do you know?

The Civil Code is the first law named after the code of the People's Republic of China (not the Constitution), which occupies a fundamental position in the legal system, and is also the basic law of the market economy, which is called the "encyclopedia of social life".

1. The structure of civil code law and related laws.

The Civil Code of the People's Republic of China consists of seven parts and 1,260 articles, each of which is in order of General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. The General Principles of the Civil Law, the General Provisions of the Civil Law, the Property Law, the Contract Law, the Marriage Law, the Inheritance Law, the Adoption Law, the Guarantee Law, the Tort Liability Law, and the General Principles of the Civil Law have not been repealed when the Civil Code comes into effect, but if the two provisions are inconsistent, the provisions of the General Provisions of the Civil Law shall apply according to the rules governing the application of law in which the new provisions take precedence over the old provisions.

2. Highlights of the Civil Code that are closely related to life.

Clarify marital debts. Article 1064 stipulates that debts incurred by both husband and wife as a result of a joint signature or a joint expression of intent by one of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Induction: The wife knows or recognizes that the personal name is also a joint debt; The wife does not know whether it is necessary for a common life or a joint debt; Other than that, don't look for me. )

The inheritance team has been expanded. Article 1128 stipulates that if the children of the decedent die before the decedent, the blood relatives of the children of the decedent shall inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled. (Induction: In subrogation, nephews and nephews can also participate in the inheritance).

3. The significance of the Civil Code.

The implementation of the Civil Code is an inevitable requirement for adhering to the people-centered approach. With the people as the center, it is also necessary to realize, maintain and develop the interests that have been included in the scope of protection of the Civil Code. It is an inevitable requirement for developing the socialist market economy and consolidating the basic socialist economic system.

The Civil Code affirms and solidifies the new expression of the basic socialist economic system in the form of a code. It is an inevitable requirement for improving the level of our party's governance of the country. It is necessary to grasp the boundary between the market and the role of the market.

The relationship between power and power needs to be properly handled in legislation, decision-making, law enforcement and the judiciary.

The latest Civil Code provides for the right of inheritance for the birth of the fetus. Tips given by minors to anchors can be recovered. There is a one-month cooling-off period before the divorce.

The Civil Code protects the profession of a stay-at-home wife. The advertising fee for the elevator in the residential building belongs to the residents, and the property is only managed on behalf of the residents. That's all I know at the moment.

General Provisions of the Civil Law, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability

1.Cooling-off period means that there will be a cooling-off period after filing for divorce to re-examine whether to divorce.

2.Men will be protected from sexual harassment.

3.Independent personality rights.

The establishment of the Civil Code is people-centered, closely centering on the people, and the people's right to life and health. One of them is to make personality rights a separate codification.

Legal analysis: If the protection of the interests of the fetus is involved, such as inheritance and acceptance of gifts, 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 from the beginning.

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

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Legal Analysis: The Civil Code is the first law named after the code in New China (not the Constitution), which occupies a fundamental position in the legal system of the People's Republic of China, and is also the basic law of Tonghe's market economy, which is called the "encyclopedia of social life".

Legal basis: "Civil Code of the People's Republic of China" Article 1 This Law is formulated on the basis of the Constitution so as to protect the 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 carry forward the core socialist values.