1. What's the difference between general principles of civil law and civil law?
The General Principles of People's Republic of China (PRC) and State Law is the general part of the Civil Code, which stipulates the basic principles and general provisions of civil activities and plays a leading role in the Civil Code. * * * It is divided into basic provisions, natural persons, legal persons, unincorporated organizations, civil rights, civil legal acts, agency, civil liability, limitation of action, period calculation and supplementary provisions, chapter 1 1, article 206. The General Principles of Civil Law was formulated in 1986, and many of them are unrealistic.
The General Principles of Civil Law was revised on the basis of the General Principles of Civil Law and came into force on 10/year/month 1 day. Although it is not clear that the general principles of civil law are invalid, the basic general principles of civil law will no longer be used after the general principles come into effect. The General Principles of Civil Law includes the following points:
1, the bride price will not be refunded, and finally there is a saying.
Article 8 of the General Principles of Civil Law: A civil subject shall not violate the law or public order and good customs when engaging in civil activities.
2. The limitation of action is 3 years.
Article 188 of the General Principles of Civil Law: The limitation period for requesting the people's court to protect civil rights is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.
3. The fetus also has the right of inheritance.
Article 16 of the General Principles of Civil Law: A fetus is deemed to have the capacity for civil rights if it involves the protection of fetal interests such as inheritance and acceptance of gifts. However, if the fetus has died during childbirth, its capacity for civil rights does not exist from the beginning.
4. Adjust the limited capacity for civil conduct to 8 years old.
Article 19 of General Principles of Civil Law: Minors over the age of eight are persons with limited capacity for civil conduct, and they are represented by their legal representatives or ratified by their legal representatives, but they can independently carry out purely beneficial civil legal acts or adapt to their age and intelligence.
2. What are the basic principles stipulated in the General Principles of Civil Law?
1, principle of equality
The principle of equality mainly has two meanings, one is the embodiment of the constitutional principle of equality before the law in civil law, and the other is the equal protection of the legitimate civil rights and interests of all civil subjects.
2. Voluntary principle
Civil subjects engaged in civil activities should follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes. Autonomy of will is one of the "three cornerstones" of modern civil law.
3, the principle of fairness
The so-called fairness is to adjust the economic interest relationship between civil subjects with the balance of interests as the value judgment standard, and to distribute the rights and obligations of civil subjects through the balance of interests. Fairness and justice are the basic requirements of civil judicial activities.
4, the principle of good faith
Honesty and trustworthiness is the basic criterion of market activities and an important legal principle to ensure the trading order. Like the principle of fairness, it is not only a legal principle, but also an important moral norm. It requires all civil subjects to be honest, pay attention to credit and exercise their rights in good faith.
5. Green principle
This is a new legal principle determined by the general principles of civil law and a pioneering work of great significance. The stipulation that civil subjects engage in civil activities should be conducive to saving resources and protecting the ecological environment. This principle not only inherits the traditional cultural concept of harmony between man and nature, but also embodies the new development concept, which is conducive to alleviating the contradiction between China's growing population and resource ecology.
6, the principle of public order and good customs
Public order and good customs are composed of two concepts: public order and good customs, which require civil subjects to abide by social public order and good customs and follow the moral standards generally recognized by members of social subjects. Another meaning of this principle is that any civil legal act that violates public order and good customs is invalid.
To sum up, the general principles of civil law are the continuation and revision of civil law. Many new contents have been added to the General Principles of Civil Law, including lowering the age of limited capacity to 8 years, determining that the fetus also has the right of inheritance, and protecting citizens' virtual property according to law. Moreover, the general principles of civil law add green principles in principle and enrich the principles followed in civil activities.
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