The People's Republic of China does not have a comprehensive Code Civil to date,
although it shares some resemblance to a Roman Civil Law tradition. The communist party
however has promulgated a "General Principles of Civil Law" since 1987 and has
been the main source of law regulating all private matters in the mainland regime.
Guomindang government had adopted a Code Civil in 1925, long before the communist party
come into force. After they retreated from the mainland, this Code Civil is only valid in
the Taiwan regime.
It has been learnt that the mainland communist Government has been investing effort to
draft its own Code Civil since November 1979. They came up with the fourth draft in May
1982, but the law had not been proposed to the Congress due to unknown reason.
The General Principles of Civil Law is actually an extract from the 1982 Code Civil. Instead
of refining the Code Civil, the Congress has entered into a busy schedule of fast-food
legislation in order to cope with the rapid development of the economy.
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct
Section 2 Guardianship
Section 3 Declarations of Missing Persons and Death
Section 4 Individual Businesses and Leaseholding Farm Households
Section 5 Individual Partnership
Section 1 General Stipulations
Section 2 Enterprise as Legal Person
Section 3 Official Organ, Institution and Social Organization as Legal Persons
Section 4 Economic Association
Chapter IV Civil Juristic Acts and Agency
Scction 1 Civil Juristic Acts
Section 2 Agency
Section 1 Property Ownership and Related Property Rights
Section 2 Creditors' Rights
Section 3 Intellectual Property Rights
Section 4 Personal Rights
Section 1 General Stipulations
Section 2 Civil Liability for Breach of Contract
Section 3 Civil Liability for Infringement of Rights
Section 4 Methods of Bearing Civil Liability
Chapter VII Limitation of Action
Chapter VIII Application of Law in Civil Relations with Foreigners
Chapter IX Supplementary Provisions
Get your own Free Home Page