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Many of judicial interpretations modified as per Civil Code

Author :Jingzhan Wang   Time :2021-01-21

 CivilCode of People’s Republic of China was released on June 1st 2020,and took effect from Jan.1st 2021.

TheCivil Code integrated and modified many of the past laws of civil nature, amongwhich are:

TheGeneral Provisions of Civil Law of PRC;

PropertyLaw of PRC;

TortLaw of PRC;

ContractLaw of PRC;

GuaranteeLaw of PRC;

MarriageLaw of PRC;

InheritanceLaw of PRC;

AdoptionLaw of PRC;

TheCivil Code took effect.

Alongwith it, China Supreme Court modified the relevant judicial interpretation whichwas used to instruct the local court in processing cases. In the last month of2020, the Supreme Court release a series of judicial interpretations, amongthem are:

TheSupreme Court’s interpretation of legal issues regarding the trial ofemployment disputes;

TheSupreme Court’s interpretation of legal issues regarding the trail ofconstruction disputes;

TheSupreme Court’s first interpretation regarding the property part of PRC CivilCode;

TheSupreme Court’s first interpretation regarding the inheritance part of PRCCivil Code;

TheSupreme Court’s first interpretation regarding the marriage and family part ofPRC Civil Code;

TheSupreme Court’s regulation regarding the time effect for applying for PRC CivilCode;

TheSupreme Court’s interpretation regarding the guarantee rules of PRC Civil Code;

Andmore;

AfterPRC Civil Code took effect, most of previous law would be modified to beinsistent with it. Even though the Supreme Court has modified many of itsjudicial interpretations, there also exist many rules made by higher levelcourt and regulations of government, which may be have some difference, insomewhat degree, with the civil code.

Foreignersworking or investing in China should consult a legal professional when makingdecisions to avoid depending on laws that have lost its effect.

 

 


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