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  • Gordon Dumoulin

The new Civil Code, a milestone in China's legislative system

The new Civil Code into effect since January 1, 2021. A milestone in China’s legal system.


On May 28, 2020, the 13th National People’s Congress passed the long-expected Civil Code. Comprised of 7 parts, 84 chapters and 1,260 articles, it is the most extensive legislation in the history of People's Republic of China, replacing older stand-alone laws.



The emphasis of the Civil Code lies in the comprehensive approach and secondly in legislative adaptation to present and future legal civil challenges in e.g. digital economy, AI technologies, online privacy or virtual property.


The Civil Code touches upon almost every dimension of civil society with 7 major parts; General Rules, Property Rights, Contracts, Personality Rights, Marriage and Family, Right of Inheritance and Tort Liability.


Though the Civil Code has generally been welcomed by most people, one legislation sparked heated debates online last year : a new divorce “cool-off period” of 30 days before signing the papers. Online debates got especially fired up during COVID lock down periods with couples being tight up between 4 walls. Last month saw peaks in divorces to avoid the new legislation from Jan 1.


More insights on the Civil Code of the People's Republic of China 中华人民共和国民法典 :


https://www.withersworldwide.com/en-gb/insight/Highlights_of_the_Civil_Code_of_the_Peoples_Republic_of_China


https://www.reedsmith.com/en/perspectives/2020/06/the-adoption-of-the-chinese-civil-code-and-its-implications-on-contracts


http://www.sixthtone.com/news/1006631/keeping-cool-over-chinas-new-divorce-cool-off-period

https://www.sixthtone.com/news/1006602/Ahead%20of%202021%20Divorce%20Restrictions,%20Chinese%20Couples%20Rush%20to%20Untie%20the%20Knot



#china #chinesesociety #newchina #china2021

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