Application of the General Provisions of the PRC Civil Code

April 01, 2022 | BY

Susan Mok

The Supreme People's Court has recently issued a significant and wide-ranging interpretation concerning how the general provisions of the PRC Civil Code should be applied. Diane Peng (Partner), Sijia Li (Counsel) and Aubrey Xiong (Associate) of Fangda Partners analyze the potential impact.

Summary

  • The new Supreme People's Court interpretation covers a wide range of very important of points relating to application of the PRC Civil Code including sources of law, civil capacity, guardianship, issues surrounding agency and civil liability, and the statute of limitations
  • It also covers a number of very practical points relating to contractual interpretation
  • A key focus is on the entitlement to rescind a contract based on a material misunderstanding
  • Another is the impact of an error by a third party messenger or intermediary
  • The interpretation also covers concealment as a form of fraud, another ground for rescinding a contract

 

 

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