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The National People's Congress of the People's Republic of China (the "PRC") passed the General Provisions of the PRC Civil Law (in Chinese, 中华人民共和国民法总则) (the "General Provisions") on 15 March 2017, which will take effect on 1 October 2017. The General Provisions are the opening chapter of the PRC civil code planned to be enacted in 2020. The General Provisions are based on a 1986 version, called the General Principles of Civil Law, which has only undergone a minor amendment in 2009. However, the General Provisions are far more than an amendment and deemed to be a great progress in many aspects.
The General Provisions consist of 11 chapters and 206 articles, covering principles of civil law, definitions of terms in the civil legal system, civil rights, basic rules for civil acts, agency, civil liability, and litigation, among other subjects. Some key highlights include:
- Entitlement of Rights of the Fetus
- Protection of Rights of Young and Elderly
- New Classification of Legal Persons
- Protection of Personal Data
- Effectiveness of Entrustment Agency after Death of Principal
- Prohibition of Defamation of "Heroes and Martyrs"
- Extension of Statute of Limitations
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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Rajah & Tann Singapore LLP
Shanghai Representative Office
Unit 1905-1906, Shui On Plaza,
333 Huai Hai Middle Road,
Shanghai 200021 PRC
http://cn.rajahtann.com
Contacts: Chia Kim HuatPartnerD +65 62320464kim.huat.chia@rajahtann.comYang Lih ShyngPartnerD +86 21 6120 8818F +86 21 6120 8820lih.shyng.yang@rajahtann.comLinda QiaoHead, Shanghai OfficeD +86 21 6120 8818F +86 21 6120 8820linda.qiao@rajahtann.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
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This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
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