“Major Issues in the Application of the Civil Code and Supporting Judicial Interpretations“
– a Seminar in Commemoration of the Third Anniversary of the Promulgation of the Civil Code successfully held


"Major Issues in the Application of the Civil Code and Supporting Judicial Interpretations" – a Seminar in Commemoration of the Third Anniversary of the Promulgation of the Civil Code, sponsored by CASS Institute of Law and organized by the Center for Private Law Studies of CASS Institute of Law, were successfully held in CASS Institute of Law on May 28, 2023, on the occasion of the third anniversary of the promulgation of the Civil Code of the People's Republic of China. The seminar was attended by more than 70 experts, scholars and practitioners from the Legislative Affairs Commission of the Standing Committee of the National People's Congress, the Supreme People's Court, the Supreme People's Procuratorate, the National Judges College, the National Prosecutors College and more than 30 colleges and universities across the country.  

 

 

At the opening ceremony, presided over by Professor Xie Hongfei, head of the Civil Law Department of CASS Institute of Law, a keynote speech entitled "Exploration on Eight Special Legal Persons Stipulated in the Civil Code" was given by Professor Sun Xianzhong, a deputy to the 14th National People's Congress (NPC), a member of NPC Standing Committee, a member of NPC Constitution and Law Committee, a member of CASS and a research fellow at CASS Institute of Law. 

The theme discussion session consisted of the main session and two sub-sessions. In the main session, presentations were given on such topics as correct understanding and application of the three dimensions of the Civil Code, norm dilemma of the right for security in Civil Code, maintaining integrity and innovation of the knowledge system of the theory of changes in real right, the employer's responsibility under the Civil Code, and development and innovation of the rules of debt preservation.  

In the two sub-sessions, presentations were given on such issues as the third party's right of recourse against debtors in joining in the obligation, the trend towards the expansion of loan contract norms under the Civil Code in financial practice, the evolution of unjust enrichment system in Chinese civil law and the explanation of the nature of "enrichment", the establishment of ineffective contracts, the understanding and application of fair liability in Chinese Civil Code, judicial interpretation of tort liability, the rule of  tranquility of the private life and right to disconnect, the guardian's responsibility under Article 1188 of Civil Code, judicial interpretation of guardian's responsibility rules in the Book of Tort Liability of the Civil Code, representation beyond authority and violation of a legal person's true will, validity of contracts of buying and selling of rural houses by non-same collective members, change in real right of residence established by wills, property ownership of personal data, civil law regulation of maintenance agreements, institutional rationality of the principle of the best interest of the minor, publicity of identity relationship and property change, and the special form of contract termination in commercial law norms.  

In the discussion session, the participants discussed the major issues in the implementation of the Civil Code and supporting judicial interpretations based on their own theoretical research and practical experience.