What changes have taken place in the Civil Code?

I. Important changes involved in the general provisions of the Civil Code (1) Taking "promoting socialist core values" as an important legislative purpose. Article 1 of the Civil Code lists "promoting socialist core values" as an important legislative purpose. (2) Established the basic principles of civil law. The civil code establishes the basic principles of civil law such as equality, voluntariness, fairness, honesty, law-abiding, public order and good customs; Establish the green principle (which is conducive to saving resources and protecting the ecological environment) as the basic principle of civil law. (three) the provisions of the Civil Code on the right of fetal inheritance and acceptance of gifts, which involve the protection of fetal interests, are regarded as having the capacity for civil rights. However, if the fetus has died during childbirth, its capacity for civil rights does not exist from the beginning. (4) Minors over the age of eight are persons with limited capacity for civil conduct. The Civil Law stipulates: "Minors over the age of eight are persons with limited capacity for civil conduct, and they are represented by their legal representatives or recognized and ratified by their legal representatives; But you can independently carry out civil legal acts that are purely beneficial or suitable for your age and intelligence. " (five) in case of emergency, when the guardian is unattended, the village neighborhood committee or the civil affairs department shall arrange for nursing. According to the Civil Code, if a guardian is temporarily unable to perform his guardianship duties due to emergencies and other emergencies, and the ward is left unattended, the residents' committee, villagers' committee or civil affairs department at the ward's domicile shall arrange necessary temporary living care measures for the ward. (VI) Protection of civil rights-The protection of data and network virtual property is stipulated in principle. Article 127 of the Civil Code stipulates: "If the law has provisions on the protection of data and network virtual property, those provisions shall prevail." (7) The limitation of action for damages suffered by minors is counted from the date when the victim reaches the age of 18. Article 19 1 of the Civil Code stipulates: "The limitation period for minors to claim damages shall be counted from the date when the victim reaches the age of 18." (8) It is not applicable to ask the infringer to apologize. The Civil Code stipulates: "If the right of personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of the Civil Code and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize. Second, the important changes involved in the second part of the Civil Code (1) strengthened the protection of the rights of building owners; Appropriately lower the threshold for the owner to make a resolution, and make it clear that part of the profits generated by * * * will belong to the owner. The Civil Code stipulates: "The owner has the right to demand the construction unit, the property service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests. Entrusted by the owner, the realty service enterprise or other managers shall, in accordance with the provisions of the third part of the General Principles of the Civil Law on realty service contracts, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost. "(two) it is clear that the relevant departments of the local government and the residents' committees should give guidance and help to the establishment of the owners' meeting and the election of the owners' committee. The Civil Code stipulates: "Relevant departments of local people's governments and residents' committees shall give guidance and help to the establishment of owners' congress and the election of owners' committees. "(three) the collection and use of funds for the maintenance of buildings and their ancillary facilities shall be announced regularly; Add special procedures to stipulate the use of maintenance funds in an emergency. The Civil Law stipulates: "The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly. In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law. "(four) to increase the relevant behavior of the owners should meet the requirements of saving resources and protecting the ecological environment. The Civil Code stipulates: "Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. "(5) Add" epidemic prevention and control "to the reasons for requisitioning the real estate or movable property of organizations and individuals. Article 245 of the Civil Code stipulates: "Due to emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, organizations and individuals may be expropriated for their real estate or movable property in accordance with the authority and procedures prescribed by law. The expropriated real estate or chattel shall be returned to the expropriated person after use. If the real estate or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given. "(six) increase the property service enterprises or other managers shall implement the emergency measures and other management measures implemented by the government according to law, and actively cooperate with the relevant work, and the owners shall cooperate according to law. The Civil Law stipulates: "Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law and actively cooperate with relevant work. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. "(seven) the term of the right to use residential construction land expires and is automatically renewed. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations. Article 359 of the Civil Law stipulates: "The right to use residential construction land will be automatically renewed upon expiration. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use non-residential construction land after the expiration of the term shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations. "(VIII) Adding provisions on the right of residence" The Civil Code clearly stipulates that the right of residence is established in principle free of charge, and the obligee has the right to occupy and use other people's houses through registration in accordance with the agreement or will to meet their stable living and living needs. (nine) the lost property is unclaimed within one year from the date of the announcement, and belongs to the state. Article 318 of the Civil Law stipulates: "If the lost property is unclaimed within one year from the date of announcement, it shall be owned by the state. "(10) The security interest mainly includes: (1) expanding the scope of pledged property and canceling the provisions of the pledge registration authority; (2) unify the rules of the establishment and special effect of chattel mortgage; (3) Rent first, then arrive, and then transfer possession against mortgage-the premise of making it clear that the previously established lease relationship is not affected by mortgage is that the lease right has been transferred. (4) Confirmed the effectiveness of atypical guarantee contract. (5) The prohibitive provisions on mortgage/liquidity clauses have been cancelled. (6) The liquidation order of security interests in the form of registration and publicity is unified. (7) The liquidation sequence has been clearly defined when the same property is mortgaged and pledged. (8) stipulate that the creditor's mortgage has priority over the compensation for the new mortgage price. (9) Allow the mortgagor to transfer the mortgaged property-the mortgagee does not require the transfer of the mortgaged property. Three. The important amendments involved in Part III (1) of the Civil Code have improved the rules for concluding electronic contracts and added specific provisions on appointment contracts. Article 512 of the General Principles of the Civil Law stipulates: "If the subject matter of an electronic contract concluded through information networks such as the Internet is the delivery of goods and delivered by express logistics, the time when the consignee receives it is the delivery time. The object of an electronic contract is to provide services, and the time specified in the generated electronic certificate or physical certificate is the time to provide services; If the time is not specified in the above vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall prevail. Where the parties to an electronic contract have otherwise agreed on the manner and time of delivery of goods or provision of services, such agreement shall prevail. "If one party fails to perform the obligation to conclude a contract in accordance with the agreement of the appointment contract, the other party may require it to bear the responsibility for violating the appointment contract." (II) Improving the System of State Ordering Contracts The Civil Code stipulates that if the state issues state ordering tasks or mandatory plans according to emergency rescue and disaster relief, epidemic prevention and control or other needs, the relevant civil subjects shall conclude contracts in accordance with the rights and obligations stipulated in relevant laws and administrative regulations. (3) Increase the system of changing circumstances. The Civil Code stipulates: "After the establishment of a contract, the basic conditions of the contract have undergone major changes that the parties could not foresee when concluding the contract, which are not commercial risks. If it is obviously unfair to one party to continue to perform the contract, the adversely affected party may renegotiate with the other party; If negotiation fails within a reasonable time, the parties may request the people's court or arbitration institution to modify or terminate the contract. The people's court or arbitration institution shall, according to the actual situation of the case, change or terminate the contract in accordance with the principle of fairness. " (4) Increase the stipulations in the property service contract, and make it clear that the property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. Article 944 of the Civil Law stipulates: "The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. Property service providers shall not urge the payment of property fees by stopping power supply, water supply, heating and gas supply. " (5) The realty service provider shall stop the violation of fire laws and regulations in the realty service area. "Civil Code" stipulates: "Property service providers shall take reasonable measures in a timely manner to stop acts that violate laws and regulations such as public security, environmental protection and fire control in the property service area, report to the relevant administrative departments and assist in handling them." (six) clearly prohibit high-interest lending, lending rates shall not violate the relevant provisions of the state. Article 680 of the Civil Code stipulates: "It is forbidden to borrow at high interest rate, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free. "(seven) to increase the provisions of the lessee's priority to lease. Article 734 of the Civil Law stipulates: "If the lessee continues to use the leased property at the expiration of the lease term, and the lessor does not raise any objection, the original lease contract will remain valid, but the lease term is uncertain. When the lease expires, the lessee has the priority to lease under the same conditions. "(8) If it is agreed that the lessor sells the leased house, the lessee has the preemptive right, except that some people exercise the preemptive right according to the share of the house or the lessor sells the house to a close relative. Article 726 of the Civil Code stipulates: "If the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative. If the Lessee does not explicitly indicate the purchase within 15 days after the Lessor performs the notification obligation, it shall be deemed that the Lessee has waived the preemptive right. "(9) Passenger transport contracts should deal with the problems of" passengers occupying seats "and" grabbing the steering wheel ". The Civil Law stipulates that "passengers should take the bus according to the time, shift and seat number recorded in the valid ticket. "(ten) in the case of irrevocable gift, increase the" help the disabled ". The Civil Code stipulates: "The donor may revoke the gift before the right to donate the property is transferred. The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law. "(XI) The standard clause system and other contract-making systems have been improved. Article 496 of the Civil Code stipulates: "Standard clauses are clauses drawn up by the parties in advance for reuse, and have not been negotiated by both parties when concluding a 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 such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to fulfill its obligation to prompt or explain, 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 contents of the contract. "Article 497 stipulates:" The standard clauses are invalid under any of the following circumstances: (1) The provisions of Section 3 of Chapter VI in Part I of this Law and Article 506 are invalid; (2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party or restricts the main rights of the other party; (3) The party providing the standard terms excludes the other party's main rights. Article 498 stipulates: "If there is any dispute over the understanding of the standard terms, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted. "