PRC General Provisions of the Civil Law (Draft)

Where laws specify that specific rights or online virtual property may serve as the objects of rights in rem, such provisions shall prevail (Article 104).

The draft additionally brings data and information within the scope of intellectual property protection (Article 108).

Restoration of the ecological environment is added to the methods for bearing civil liability (Article 160).

The general limitation of actions for petitioning a people's court for the protection of civil rights is extended to three years from the current two years (Article 167). The draft sets forth circumstances in which a limitation of actions does not apply, including petitions to halt infringement, remove obstructions and eliminate hazards, and petitions by registered holders of rights in rem for the return of property (Article 175).

Issued: July 5 2016

Main contents: The current General Principles of the Civil Law set forth four fundamental principles, voluntariness, fairness, consideration at equal value and good faith. The draft of the General Provisions of the Civil Law specifies the principles of voluntariness, fairness and good faith (Articles 4-6).

The draft reduces the minimum age of persons with limited civil capacity from 10 to 6 (Article 18).

Legal persons are divided into for-profit and not-for-profit legal persons (Sections Two & Three, Part Three).

Where laws specify that specific rights or online virtual property may serve as the objects of rights in rem, such provisions shall prevail (Article 104).

The draft additionally brings data and information within the scope of intellectual property protection (Article 108).

Restoration of the ecological environment is added to the methods for bearing civil liability (Article 160).

The general limitation of actions for petitioning a people's court for the protection of civil rights is extended to three years from the current two years (Article 167). The draft sets forth circumstances in which a limitation of actions does not apply, including petitions to halt infringement, remove obstructions and eliminate hazards, and petitions by registered holders of rights in rem for the return of property (Article 175).