ABSTRACT
This article highlights four features of the new Civil Code of China and its enactment history to explain the significance of this long-expected Code.
Overall, the innovative and forward-looking features of the new Code can help China better prepare for the future. In particular, the Code adds the right of habitation as a new and powerful proprietary right which enables the elderly and other weaker claimants to live in real property of others. This new right fulfills housing needs, addresses the aging problem, and gives strong protection that was previously unavailable. The Code makes another fundamental change through allowing mortgaged property transfers. This new rule increases property flow, helps mortgagors pay off debts, and protects all claimants involved in mortgages more evenly.
The Code also introduces a new defense to clarify tort liability where injured claimants voluntarily undertake risks in sports. This encourages exercise and is more necessary during the COVID-19 pandemic. All courts can now apply this clear defense to abandon the previous practice which resulted in uncertainty. Further, the Civil Code is a green code. The Code fills the lacuna of ecological protection, imposes punitive sanctions as an exceptional measure, and improves the protection of both the environment and ecosystems significantly. It prevents damage more effectively and advances the green policy of the supreme power in China.
The Code, which is enacted by China’s supreme legislature, took effect recently and is now the most authoritative statute in civil law matters, but currently there is very little literature or caselaw. This article is timely as it seeks to clearly explain the new provisions.
Wen, Dr Wei, The New Civil Code of China: Advancements and Improvements for a Better Future (May 9, 2023), Michigan State University International Law Review, volume 31.2, 2023.
Leave a Reply