1. General provisions
Case 1: The provisions of the Civil Code shall apply to civil disputes caused by legal facts after January 1, 221.
the second case: the provisions of laws and judicial interpretations at that time shall apply to civil disputes caused by legal facts before January 1, 221. The following exceptions to disputes before the implementation of the Civil Code: 1. If there are other provisions in laws and judicial interpretations, the Civil Code can be applied. 2, the application of the provisions of the Civil Code is more conducive to protecting the legitimate rights and interests of civil subjects, more conducive to maintaining social and economic order, more conducive to promoting socialist core values, the Civil Code can be applied. 3. Where there are no provisions in the laws and judicial interpretations at that time but there are provisions in the Civil Code, the provisions of the Civil Code can be applied, except that the legitimate rights and interests of the parties are obviously impaired, the legal obligations of the parties are increased or the reasonable expectations of the parties are deviated. 4. If there are only principled provisions in the legal and judicial interpretation at that time and there are specific provisions in the Civil Code, the provisions of the legal and judicial interpretation at that time shall apply, but the judgment can be based on the specific provisions of the Civil Code. 5. The provisions of the Civil Code shall not apply to cases that have been finalized, if the parties apply for retrial or decide to retry in accordance with the trial supervision procedures.
the third case: the legal facts before January 1, 221 continue after January 1, 221, and the provisions of the Civil Code shall apply to civil disputes caused by the legal facts, unless otherwise stipulated by laws and judicial interpretations.
II. Specific provisions for retroactive application
(1) Personal rights Before the implementation of the General Principles of the People's Republic of China and the National Law, the provisions of Article 185 of the Civil Code shall apply to civil disputes caused by infringing on the names, portraits, reputations and honors of heroic martyrs and harming the interests of the public (Article 185 of the Civil Code stipulates that due to the breach of contract by one party, (II) Real Right for Security 1. Before January 1, 221, if the parties agreed that the mortgaged property or pledged property would be owned by the creditor when the debtor fails to perform the due debt before the expiration of the debt performance period, Article 41 of the Civil Code shall apply (Article 41 of the Civil Code: If the mortgagee agreed with the mortgagor that the mortgaged property would be owned by the creditor when the debtor fails to perform the due debt before the expiration of the debt performance period, he can only get priority compensation for the mortgaged property according to law. ) and Article 428 of the Civil Code (Article 428 of the Civil Code: If the pledgee agrees with the pledgor that the pledged property will be owned by the creditor when the debtor fails to perform the due debt before the expiration of the debt performance period, he can only be compensated in priority according to law. ) regulations. 2. In case of any dispute over the factoring contract concluded before January 1, 221, the general provisions on security interests in Part III of the Civil Code shall apply.
(III) General provisions on contract disputes 1. Contracts established before January 1, 221 shall be governed by the provisions of laws and judicial interpretations at that time. If the contract is invalid and the provisions of the Civil Code apply, the relevant provisions of the Civil Code shall apply. 2. For a contract concluded before January 1, 221, if the party providing the standard clauses fails to perform the obligation of prompting or explaining, and involves the confirmation of the validity of the standard clauses, Article 496 of the Civil Code shall apply (Article 496: Standard clauses are clauses that the parties have drawn up in advance for repeated use and have not consulted with each other when concluding the contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the terms that are of great interest to the other party, such as exempting or reducing its responsibilities, and explain the terms according to the other party's requirements. If the party providing the standard terms fails to fulfill the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract. ) regulations. 3. Before January 1, 221, if a party directly claims to terminate the contract by filing a lawsuit without notifying the other party, the second paragraph of Article 565 of the Civil Code shall apply (Article 565, paragraph 2: If a party directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms this claim, the contract shall be terminated when a copy of the complaint or arbitration application is delivered to the other party. ) regulations. 4. For a contract established before January 1, 221, if one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may request to perform it, but there are items 1, 2 and 3 of paragraph 1 of Article 58 of the Civil Code (Article 58, paragraph 1: If one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may request to perform it, except for one of the following circumstances: (1) (two) the subject matter of the debt is not suitable for compulsory performance or the performance cost is too high; (3) The creditor fails to request performance within a reasonable time limit. If the contractual purpose cannot be achieved due to one of the exceptions, and the parties request to terminate the contractual rights and obligations, the second paragraph of Article 58 of the Civil Code shall apply (Article 58, paragraph 2: If the contractual purpose cannot be achieved due to one of the exceptions specified in the preceding paragraph, the people's court or arbitration institution may terminate the contractual rights and obligations at the request of the parties, but it will not affect the liability for breach of contract. ) regulations.
(iv) disputes over inheritance 1. Before January 1, 221, the heir committed one of the acts specified in Item 4 and Item 5 of Paragraph 1 of Article 125 of the Civil Code. If there is a dispute over whether the heir loses the right of inheritance, the provisions of Paragraphs 1 and 2 of Article 125 of the Civil Code shall apply. Before January 1, 221, the legatee committed one of the acts specified in the first paragraph of Article 125 of the Civil Code. If there is a dispute over whether the legatee has lost the right to be bequeathed, the provisions in the first and third paragraphs of Article 125 of the Civil Code shall apply. (Article 1125: An heir who commits one of the following acts shall lose the right of inheritance: (1) intentionally killing the decedent; (2) Killing other heirs in order to compete for inheritance; (3) Abandoning the decedent or maltreating the decedent if the circumstances are serious; (4) Forging, tampering, concealing or destroying a will, if the circumstances are serious; (5) forcing or obstructing the decedent to establish, change or withdraw his will by fraud or coercion, and the circumstances are serious. If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent expresses forgiveness or lists him as an heir in his will afterwards, the heir shall not lose his inheritance right. If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed. ) 2. If the decedent died before January 1, 221, and the inheritance was not inherited or bequeathed, and the children of his brothers and sisters requested subrogation inheritance, the second and third paragraphs of Article 1128 of the Civil Code shall apply (Article 1128, paragraphs 2 and 3: If the brothers and sisters of the decedent died before the decedent, subrogation inheritance, the children of the brothers and sisters of the decedent, Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people have the right to inherit. ), except that the estate has been disposed of before January 1, 221. 3. Before January 1, 221, if the testator makes a will by printing, and the parties dispute the validity of the will, Article 1136 of the Civil Code shall apply (Article 1136: Printing a will shall be witnessed by more than two witnesses. The testator and the witness shall sign on each page of the will, indicating the year, month and day. ), except that the estate has been disposed of before January 1, 221. 4. Before January 1, 221, the victim's voluntary participation in a civil dispute case caused by damage to cultural and sports activities with certain risks shall be governed by Article 1176 of the Civil Code (Article 1176: If the voluntary participation in cultural and sports activities with certain risks is damaged, the victim shall not ask other participants to bear tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage. The responsibilities of event organizers shall be governed by the provisions of Articles 1198 to 121 of this Law. ) regulations.
(V) Infringement disputes 1. Before January 1, 221, the civil disputes caused by the victim's measures such as detaining the property of the infringer in order to protect his legitimate rights and interests shall be governed by Article 1177 of the Civil Code (Article 1177: If the legitimate rights and interests are infringed, the situation is urgent and the protection of the state organs cannot be obtained in time, and his legitimate rights and interests will be irretrievably damaged if he does not take immediate measures, the victim may detain the property of the infringer within the scope necessary to protect his legitimate rights and interests. However, it should immediately request the relevant state organs to handle it. If the victim takes improper measures and causes damage to others, he shall bear tort liability. ) regulations. 2. Before January 1, 221, civil dispute cases caused by traffic accidents of non-operating motor vehicles causing damage to free riders shall be governed by Article 1217 of the Civil Code (Article 1217: If a traffic accident of non-operating motor vehicles causes damage to free riders, the liability for compensation shall be reduced, unless the motor vehicle user has intentional or gross negligence. ) regulations. 3. Before January 1, 221, civil disputes caused by throwing objects from buildings or falling objects from buildings caused damage to others shall be governed by Article 1254 of the Civil Code (Article 1254: It is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, the user of the building who may harm will be compensated except that he can prove that he is not an infringer. After compensation, the user of the building who may have done harm has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary security measures to prevent the occurrence of the situations specified in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organs and other organs shall promptly investigate and find out the responsible person according to law. ) regulations.
III. Specific provisions applicable to convergence
(1) Contract disputes 1. For a contract established before January 1, 221, the performance of the contract shall continue after January 1, 221 according to the law or as agreed by the parties. If there is a dispute over the performance of the contract before January 1, 221, the provisions of the laws and judicial interpretations at that time shall apply; In case of disputes arising from the performance of the contract after January 1, 221, the relevant provisions of Part III, IV, V and V of the Civil Code shall apply. 2. If the contract established before January 1, 221 is not stipulated in the laws and judicial interpretations at that time, and the parties have not agreed on the time limit for exercising the right of rescission, and the other party has not urged it, if the obligee knew or should have known the cause of rescission before January 1, 221, and fails to exercise it within one year from January 1, 221, the people's court shall determine that the right of rescission is extinguished according to law; If the obligee knows or should know the cause of rescission after January 1, 221, the second paragraph of Article 564 of the Civil Code shall apply (Article 564, paragraph 2: If the law does not stipulate or the parties have not agreed on the time limit for exercising the right of rescission, if the obligee knows or should know the cause of rescission within one year, or fails to exercise it within a reasonable period after being urged by the other party, the right shall be extinguished. Provisions on the time limit for exercising the right of rescission. 3. If the lease term expires before January 1, 221, the parties claim to apply the second paragraph of Article 734 of the Civil Code (Article 734, paragraph 2: Upon the expiration of the lease term, the lessee shall have the right to lease the house with priority under the same conditions. ), the people's court shall not support it; When the lease term expires after January 1, 221, the parties claim to apply the second paragraph of Article 734 of the Civil Code (Article 734, paragraph 2: Upon the expiration of the lease term, the lessee shall have the priority to lease the house under the same conditions. ), the people's court shall support it according to law. 4. In a guarantee contract established before January 1, 221, if the parties' agreement on the guarantee period is unclear, and the performance period of the principal debt is less than two years from the date of January 1, 221, and the parties claim that the guarantee period is two years from the date of the expiration of the principal debt, the people's court shall support it according to law; If the parties have no agreement on the guarantee period, and the performance period of the principal debt is less than six months from the date of January 1, 221, and the parties claim that the guarantee period is six months from the date of the expiration of the principal debt, the people's court shall support it according to law.
(II) Disputes over marriage succession 1. Before January 1, 221, after the people's court ruled that divorce was not allowed, both parties separated for one year, and one party filed a divorce lawsuit again, the fifth paragraph of Article 179 of the Civil Code shall apply (Article 179, paragraph 5: After the people's court ruled that divorce was not allowed, both parties separated for one year, and one party filed a divorce lawsuit again, divorce shall be allowed. ) regulations. 2. The decedent made a notarized will before January 1, 221, and made a new will after January 1, 221. After his death, if there is a dispute over the contents of several wills, the third paragraph of Article 142 of the Civil Code shall apply (Article 1142, paragraph 3: If there are several wills, the last will shall prevail. ) regulations. 3. If the parties request the people's court to cancel their marriage on the grounds that they were forced to get married before January 1, 221, the time limit for exercising the right of cancellation shall be applicable to the second paragraph of Article 152 of the Civil Code (Article 152, paragraph 2: The request for cancellation of marriage shall be filed within one year from the date of termination of the coercion. ) regulations.
(3) The provisions of the Civil Code shall apply to civil dispute cases where the infringement occurred before January 1, 221, but the damage consequences occurred after January 1, 221. IV. Supplementary Provisions After January 1, 221, the Civil Code shall apply to cases of first and second instance that have not been concluded by the people's courts. Statement: 1