Unscramble the main points of civil code

In reality, there have been many incidents of saving people against defendants, and "help or not" and "save or not" once troubled the public.

The Civil Code further clarifies the respective responsibilities of the infringer and the beneficiary, and also clarifies that those who are courageous do not bear civil liability according to law, which helps to put an end to the phenomenon of "heroes bleeding and crying".

The right of residence has cleared the way for "providing for the aged with housing"

Old people can transfer their houses to their children or sell them to others through the mode of "supporting the elderly with houses", and at the same time demand the establishment of residence rights.

The civil code added the right of residence to the usufructuary right for the first time. As long as the house has the right to live, even if there is no real estate license, it can live for a long time or even for life. On the one hand, the right of the elderly to live in the house for life is guaranteed; On the other hand, through the transfer of housing ownership to obtain economic income, a sense of security.

The contract is clearly defined as "change of circumstances"

Since the beginning of this year, affected by the epidemic situation in COVID-19, many contracts have been difficult to perform due to force majeure and changes in circumstances.

The Civil Code further clarifies the long-term application of "change of circumstances" in judicial practice to protect the legitimate rights and interests of contract signatories. In addition, four typical contracts, such as guarantee contract, factoring contract, property service contract and partnership contract, have been added to the contract compilation.

Protect the legitimate rights of the owners.

Some property companies cut off water and electricity as soon as they encounter unpaid property fees, and simply and rudely deal with the problem.

The Civil Code clearly stipulates that property service providers shall not urge to pay property fees by stopping power supply, water supply, heat supply and gas supply. In addition, the Civil Code also stipulates that the income from elevator advertisements and exterior wall advertisements in residential areas belongs to the owners.

There are laws to stop "bullying".

Before there is no legal provision, only the situation of "bullying" can be morally condemned.

The Civil Code clearly stipulates that passengers should take the bus according to the time, shift and seat number recorded in the valid ticket, which gives law enforcers laws to follow and maintains social order.

Find out the difference between husband and wife and debt.

In real life, one spouse owes huge debts privately, but never gives a penny to the family. In the past, it was generally believed that both husband and wife had the same debt.

At present, the Civil Code stipulates that debts need to be signed by * * * debt * *, which can prevent one party from borrowing money in the name of an individual in a marriage relationship, resulting in the phenomenon of "pit spouse" of the other party's debts.

Protect personal information

How to protect personal information in the digital age?

Faced with the challenges of human flesh search, spam messages and telecom fraud, the Civil Code confirms and protects the personal rights and interests related to personal information, and stipulates the basic rules for the use of personal information, so that the use of personal information can be legally followed, which will effectively curb the chaos of excessive collection of personal information.

Children over the age of eight have the right to speak in custody disputes.

Parents divorced, and the 8-year-old said he wanted to talk to his mother. Should children's wishes be ignored?

The custody of minor children has always been the focus of divorce cases. Children who have reached the age of eight already have a certain sense of autonomy and cognitive ability. The determination of guardianship is closely related to their rights and interests, and their true wishes should be respected, which is more conducive to the healthy growth of minors.

Increase the form of will and the system of estate administrator.

The biggest highlight of the inheritance law of the civil code is to respect the will of the decedent.

Whether it is to increase the form of printing wills or standardize the system of estate administrators, it is to better protect the rights and interests of the decedent. For example, for a will, as long as the content of the decedent's will is true, it is an expression of true meaning, and the appearance of the will conforms to the legal provisions, the inheritance can be disposed of according to the will.

Refine the liability clause of parabolic objects at high altitude

In recent years, high-altitude parabolic damage to buildings has occurred from time to time. Because it is difficult to determine the perpetrators, the court finally had to decide that the owners of the whole building and the property should compensate together.

The Civil Code has further revised and improved the liability for damage caused by throwing or falling objects in high-rise buildings, and made it clear that public security organs and other organs should promptly investigate and find out the responsible person according to law.

Prohibit high-interest loans

In recent years, "campus loans" and "routine loans" have occurred frequently, and the problem of usury has aroused widespread concern.

The prohibition of high-interest loans in the Civil Code shows that the state encourages people to invest in the real economy, promotes high-quality economic development, and solves a series of social problems caused by high-interest loans.

Independent compilation of personality right

Initially, there was no "personality right compilation" in the draft civil code. However, many people in the legal field believe that when compiling the civil code, an independent part should be set up for personality rights.

Personality right includes life right, health right, portrait right, reputation right and privacy right, which can be said to be the most important right. If natural persons do not enjoy the right of personality, property rights are like castles in the air. The independent compilation of personality rights embodies the people-centered development thought in the compilation of civil code, and puts the maintenance of human dignity and protection of people's interests at the highest position.

Protect personal privacy

The civil code has specially added a chapter on personality rights. With the development of information technology, personal privacy and personal information protection are facing new challenges.

It is clearly stipulated in the Civil Code that no organization or individual may infringe upon others' privacy by spying, harassing, exposing or making public. It helps to cope with the challenges brought by the development of Internet, big data and artificial intelligence to privacy and personal information protection.

Cooling-off Period on Divorce

In marriage, a couple may swear on impulse and divorce.

There is a "cooling-off period for divorce" in the Civil Code. In order to reduce the phenomenon of rash divorce and impulsive divorce and maintain family stability, it is stipulated that any party unwilling to divorce can withdraw the application for divorce registration from the marriage registration office within 30 days from the date of receiving the application for divorce registration.

Improve the relevant provisions on adoption and protect the legitimate rights and interests of the adoptee.

The Draft Civil Code for Marriage and Family has made a series of adjustments to the existing adoption system, mainly changing the adoption conditions:

First, the number of adoptions. With the relaxation of the family planning policy, the number of adoptions has also been relaxed.

Second, age, which was originally 14 years old, is now unified as 18 years old.

The third is to increase the conditions for adopters, and people with relevant criminal records are not allowed to adopt children. At the same time, it is clearly pointed out that adoption should follow the principle of being most beneficial to the adoptee.