Traditional Culture Encyclopedia - Traditional culture - Basic principles stipulated in the Civil Code
Basic principles stipulated in the Civil Code
The main features of the Civil Code are:
1. is a typical early civil code. The Civil Code clearly expresses the civil law principles of individualism and liberalism, and defines the meanings of the three civil law principles of unlimited private property, freedom of contract and negligence liability, which are applicable to the conditions of free competitive economy.
2. It reflects the compromise between the reform principle and tradition.
The Civil Code has maintained the spirit of reform, especially on the necessary issues to ensure the development of economic relations.
3. Pay attention to the practical application of norms without general principles and too many abstract concepts, and the actual norms are concise and clear; The concept of flexibility is few, and the judicial organs have little discretion in implementing norms; The specific arrangement of the code does not emphasize science and rigor, but starts from the convenience of use.
4. The language is easy to understand, forming a concise legal style. The Civil Code is the first code, which initiated the codification of modern civil law. It consolidated the achievements of the French bourgeoisie in the form of law, played a great role in promoting development, had a far-reaching impact on the civil laws of many countries and their affiliated countries, and spread to the vast areas of America, Africa and Asia, rapidly expanding the scope of the civil law system. Civil subjects have equal legal status in civil activities, and civil activities should follow the principles of voluntariness, fairness, honesty and credibility.
Legal basis:
People's Republic of China (PRC) Civil Code
second
Civil law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.
essay
The personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them.
Article 4
Civil subjects have equal legal status in civil activities.
Article 5
Civil subjects engaged in civil activities should follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes.
Article 6
Civil subjects engaged in civil activities should follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 7
Civil subjects engaged in civil activities should follow the principle of good faith and adhere to honesty and trustworthiness.
Article 8
Civil subjects engaged in civil activities shall not violate the law or public order and good customs.
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