The "Several Provisions of the Supreme People's Court on the Application of the Time Validity of the Civil Code of the People's Republic of China" were adopted at the 1821st meeting of the Judicial Committee of the Supreme People's Court on December 14, 2020, and are hereby promulgated as of January 1, 2021 From implementation.

　　 Supreme People's Court

　　 December 29, 2020

Law Interpretation (2020) No. 15

Supreme People's Court

Several Provisions on the Time Validity of the Application of the "Civil Code of the People's Republic of China"

(December 14, 2020, the Judicial Committee of the Supreme People's Court

(Adopted at the 1821th meeting, effective from January 1, 2021)

　　According to the "Legislative Law of the People's Republic of China", "Civil Code of the People's Republic of China" and other legal provisions, the following provisions have been made regarding the time validity of the application of the Civil Code in the trial of civil disputes by the people's court.

　　 1. General regulations

　　 Article 1 Civil disputes arising from legal facts after the implementation of the Civil Code shall be governed by the provisions of the Civil Code.

　　 For civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at the time shall apply, unless the laws and judicial interpretations provide otherwise.

　　 The legal facts before the implementation of the Civil Code last until after the implementation of the Civil Code. For civil disputes caused by the legal facts, the provisions of the Civil Code shall apply, unless the law and judicial interpretation provide otherwise.

Article 2 For cases of civil disputes arising from legal facts before the implementation of the Civil Code, the laws and judicial interpretations at the time have provisions, and the provisions of the laws and judicial interpretations at the time shall apply. However, the application of the provisions of the Civil Code is more conducive to protecting the legitimate rights and interests of civil entities. Except for those that are more conducive to maintaining social and economic order, and more conducive to promoting socialist core values.

Article 3 In cases of civil disputes caused by legal facts before the implementation of the Civil Code, where there are no provisions in the law or judicial interpretation at the time but the Civil Code has provisions, the provisions of the Civil Code can be applied, but the legal rights and interests of the parties are obviously reduced, or the legal obligations of the parties are increased or Except for deviations from the parties’ reasonable expectations.

Article 4 In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the laws and judicial interpretations at that time only have principles in principle and the Civil Code has specific provisions, the provisions of the laws and judicial interpretations at the time shall apply, but they can be based on the Civil Code. Specific provisions for reasoning in the referee.

　　Article 5 For cases that have been finalized before the implementation of the Civil Code, where the parties apply for retrial or decide to retry in accordance with the trial supervision procedures, the provisions of the Civil Code shall not apply.

　　 2. Retrospective applicable specific regulations

　　 Before the implementation of Article 6 of the "General Principles of the Civil Law of the People's Republic of China", civil disputes arising from infringement of the names, portraits, reputation and honor of heroes and martyrs, etc., and harm to the public interest of the society shall be governed by Article 185 of the Civil Code.

Article 7 Before the implementation of the Civil Code, if the parties agree before the expiration of the debt performance period that the debtor does not perform the due debt, the mortgaged property or the pledged property shall belong to the creditor, the application of Article 401 and Article 428 of the Civil Code Regulations.

　　 Article 8 For contracts established before the implementation of the Civil Code, the laws and judicial interpretations at the time shall apply to the provisions of the current laws and judicial interpretations that the contract is invalid and the provisions of the Civil Code apply. If the contract is valid, the relevant provisions of the Civil Code shall apply.

　　 Article 9 In a contract concluded before the implementation of the Civil Code, if the party providing the standard clauses fails to perform the prompting or explanation obligation, and the determination of the validity of the standard clauses is involved, the provisions of Article 496 of the Civil Code shall apply.

　　 Before the implementation of Article 10 of the Civil Code, if one of the parties directly filed a lawsuit without notifying the other party and directly claimed to terminate the contract according to law, the provisions of Article 565 of the Civil Code shall apply.

Article 11 For a contract established before the implementation of the Civil Code, if one of the parties fails to perform the non-monetary debt or the performance of the non-monetary debt does not meet the agreement, the other party may request performance. However, there are provisions in Article 580, Paragraph 1, Paragraph 1 and No. In one of the exclusions of Paragraphs 2 and 3, where the purpose of the contract cannot be achieved and the parties request the termination of the contract's rights and obligations, the provisions of paragraph 2 of Article 580 of the Civil Code shall apply.

　　 Article 12 In the event of a dispute over a factoring contract concluded before the implementation of the Civil Code, the provisions of Chapter 16 of Title 3 of the Civil Code shall apply.

Article 13 Prior to the implementation of the Civil Code, the heir has committed one of the acts prescribed in Article 1125, Paragraph 1, Item 4 and Item 5 of the Civil Code. If there is a dispute over whether the heir has lost the right to inheritance, the Civil Code shall apply The provisions of the first and second paragraphs of Article 115.

Before the implementation of the Civil Code, the legatee committed one of the acts specified in the first paragraph of Article 1125 of the Civil Code. If there is a dispute over whether the legatee has lost the right to be vested, the 112th Civil Code shall apply. Clause 1 and 3 of Article 15.

Article 14 If the deceased died before the implementation of the Civil Code, the inheritance was neither inherited nor bequeathed, and the children of his brothers and sisters request subrogation, the second and paragraphs of Article 1128 of the Civil Code shall apply. The provisions of the three paragraphs, except that the inheritance has been processed before the implementation of the Civil Code.

Article 15 Before the implementation of the Civil Code, the testator made a printed will, and if the parties dispute the validity of the will, the provisions of Article 136 of the Civil Code shall apply, but the inheritance has been before the implementation of the Civil Code. Except for those processed.

　　 Article 16 Before the implementation of the Civil Code, if the victim voluntarily participates in a civil dispute case caused by damage to cultural and sports activities with a certain risk, the provisions of Article 176 of the Civil Code shall apply.

　　 Before the implementation of Article 17 of the Civil Code, in cases of civil disputes arising from measures such as detaining the property of the infringer in order to protect their lawful rights and interests, the provisions of Article 1177 of the Civil Code shall apply.

　　 Before the implementation of Article 18 of the Civil Code, in cases of civil disputes arising from damage to unpaid passengers due to a traffic accident involving a non-operating motor vehicle, the provisions of Article 1217 of the Civil Code shall apply.

　　 Article 19 Before the implementation of the Civil Code, in cases of civil disputes caused by damage to others caused by throwing objects from a building or objects falling from a building, the provisions of Article 1254 of the Civil Code shall apply.

　　 3. Specific regulations applicable to convergence

Article 20 A contract established before the implementation of the Civil Code shall be executed in accordance with the law or agreed by the parties until after the implementation of the Civil Code. If there is a dispute over the performance of the contract before the implementation of the Civil Code, the provisions of the current law and judicial interpretation shall apply; In the event of a dispute arising from the performance of a contract after the implementation of the Civil Code, the relevant provisions of Chapter 4 and Chapter 5 of Title III of the Civil Code shall apply.

Article 21 Before the implementation of the Civil Code, the lease term expires and the parties claim that the second paragraph of Article 734 of the Civil Code shall be applied, the people’s court shall not support it; the lease term expires after the implementation of the Civil Code, and the parties claim the application of the civil law The people's court shall support it in accordance with the law as provided in the second paragraph of Article 734 of the Code.

　　 Before the implementation of Article 22 of the Civil Code, after the People's Court ruled that the divorce was not allowed, the two parties had been separated for one year and one of the parties filed a divorce lawsuit again, the provisions of Article 1079, paragraph 5 of the Civil Code shall apply.

Article 23. The deceased made a notarized will before the implementation of the Civil Code, and made a new will after the implementation of the Civil Code. After his death, if there is a dispute due to the conflicting contents of the several wills, the first thousandth of the civil code shall apply. The third paragraph of Article 142.

　　 Article 24 Infringements occurred before the implementation of the Civil Code, but the consequences of damage occurred in civil disputes after the implementation of the Civil Code, the provisions of the Civil Code shall apply.

Article 25: For a contract established before the implementation of the Civil Code, the law or judicial interpretation at the time did not provide for the termination of the contract and the parties did not agree on the time limit for the exercise of the right of termination, and the other party did not call for the termination, the person with the right of termination knew or should have known the termination before the implementation of the Civil Code If the reason is not exercised within one year from the date of implementation of the Civil Code, the people’s court shall determine that the right of cancellation has been eliminated according to law; if the person with the right of cancellation knows or should have known the reason for cancellation after the implementation of the Civil Code, Article 564 of the Civil Code shall apply The second paragraph stipulates the time limit for exercising the right of rescission.

　　 Article 26 If a party requests the people’s court to cancel the marriage on the grounds of being coerced into marriage before the implementation of the Civil Code, the time limit for the exercise of the right of revocation shall be governed by Article 1052, paragraph 2 of the Civil Code.

Article 27 In the guarantee contract established before the implementation of the Civil Code, the parties have not clearly agreed on the guarantee period, and the principal debt performance period expires less than two years from the date of implementation of the Civil Code. The parties claim that the guarantee period starts from the date when the principal debt performance period expires Two years, the people’s court will support it in accordance with the law; the parties have not agreed on the guarantee period, the main debt performance period expires less than six months from the date of implementation of the Civil Code, and the parties claim that the guarantee period is six months from the date when the main debt performance period expires , The people's court supports it in accordance with the law.

　　 Fourth, supplementary provisions

　　 Article 28 These regulations shall come into force on January 1, 2021.

　　 After the implementation of these regulations, the first and second instance cases that have not yet been concluded by the people's court shall apply these regulations.