May this year is also the fourth Civil Code Publicity Month in the mainland, let's learn this law that is closely related to our lives!
What is the Civil Code?
The Civil Code of the People's Republic of China, the first law named after a code in mainland China, came into force on January 1, 2021. It occupies a fundamental position in the legal system and is also the basic law of the market economy. It covers many aspects such as property rights, contracts, personality rights, marriage and family, inheritance, and tort liability, and is known as the "encyclopedia of social life".
1. Improve the system of differentiated ownership of buildings
Article 281: Funds for the maintenance of buildings and their ancillary facilities belong to the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, and barrier-free facilities. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.
If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.
2. Electronic contracts open the paperless era
Article 512: In order to adapt to the rapid development of e-commerce and the increase in people's demand for online shopping, the Civil Code stipulates that data messages also have legal effect, which means that paper contracts will gradually retire from the Internet era.
3. Say "no" to the hegemon
Article 815: Passengers shall travel according to the time, flight number and seat number shown on the valid ticket. If a passenger travels without a ticket, overrides, skips a class, or takes a preferential ticket that does not meet the conditions for price reduction, he/she shall pay the fare in addition, and the carrier may charge an additional fare in accordance with regulations; If the passenger does not pay the fare, the carrier may refuse carriage.
4. Illness is removed as a cause for nullity of marriage
Article 1053:Where one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.
A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.
5. Custody of children under the age of two is no longer disputed
Article 1084:After divorce, children under the age of two are to be directly raised by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
6. Housework may be paid
Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
7. New types of property such as virtual property are included in the scope of inheritance
Article 1122: Inheritance is the lawful property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
8. Increase the form of will
Article 1136: Two or more witnesses shall be present to print a will. The testator and witnesses shall sign each page of the will, indicating the year, month and day.
Article 1137:A will made in the form of an audio or video recording shall have two or more witnesses present to witness it. The testator and witnesses shall record their name or likeness, as well as the year, month, and day in the audio or video recording.
9. Establish a "voluntary risk" rule
Article 1176:Where voluntary participation in cultural or sports activities with a certain degree of risk is harmed by the conduct of other participants, the victim must not request that the other participants bear tort liability; However, this does not apply if other participants are intentionally or grossly negligent in causing the damage.
10. Improve the rules for the management of high-altitude projectiles
Article 1254: It is forbidden to throw objects from buildings. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.
Next, through the series of comics
Let's learn the Civil Code together!