Entity civil law Entity civil law refers to all civil law norms, including general principles of civil law, contract law, marriage law, inheritance law, guarantee law, property law and their related legislative and judicial interpretations.
Formal civil law refers to the civil code, while substantive civil law refers to the sum of legal norms of personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.
Entity civil law Entity civil law refers to all civil law norms, including general principles of civil law, contract law, marriage law, inheritance law, guarantee law, property law and their related legislative and judicial interpretations.
Formal civil law refers to the civil code, while substantive civil law refers to the sum of legal norms of personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.
1, substantive civil law, that is, substantive civil law.
It refers to all civil legal norms regulating the property relations and personal relations of equal subjects, including not only written civil codes and other written civil regulations, but also case law and relevant customary laws.
For example, China's general principles of civil law, contract law, marriage law, inheritance law, guarantee law, property law and their related legislative and judicial interpretations.
2. Formal civil law, that is, civil law in the formal sense.
Refers to the systematic code compiled by a country through legislative procedures, and only refers to the written legal norms named after the civil code, such as the French civil code.
3. There is no formal civil law in China, that is, the Civil Code.
With the acceleration of civil legislation in China, the compilation of civil code has been put on the legislative agenda. On June 10 this year, the General Principles of Civil Law came into effect, which will be the opening work of the future civil code. 20 14, 10 In June, the Fourth Plenary Session of the 18th CPC Central Committee explicitly proposed "compiling the Civil Code".
As the first part of the future civil code, it plays an important role in outlining and controlling the value, and the promulgation of the general principles of civil law will undoubtedly accelerate the compilation process of our civil code. In the improvement of subsequent civil codes, China will plan to promulgate the civil code in 2020.
Extended data:
The manifestations of civil law are as follows:
1. Civil law is a civil society law. As a code of conduct, law generally takes the social relations formed between people as the adjustment object, and regulates people's behavior by adjusting people's behavior. However, when the political state and civil society are distinguished, people play different roles in group life, which leads to different requirements of the law for people in different situations.
2. Civil law belongs to private law. The division of law into public law and private law has a long history in the western legal history since Roman law, but there are different opinions on the classification standards, each with its own advantages and disadvantages. At present, the theory of special laws and regulations aimed at overcoming the shortcomings of other theories (that is, the law applicable to the country or organ as the subject of public power is public law and the law applicable to anyone is private law) has been paid more and more attention.
3. Civil law is a law of rights. Civil law is the declaration of rights, and civil law is the study of rights. It seems self-evident that civil law is called the law of rights, which may be the reason why most scholars did not mention this feature when discussing the nature of civil law.
1, substantive civil law, that is, substantive civil law.
It refers to all civil legal norms regulating the property relations and personal relations of equal subjects, including not only written civil codes and other written civil regulations, but also case law and relevant customary laws.
For example, China's general principles of civil law, contract law, marriage law, inheritance law, guarantee law, property law and their related legislative and judicial interpretations.
2. Formal civil law, that is, civil law in the formal sense.
Refers to the systematic code compiled by a country through legislative procedures, and only refers to the written legal norms named after the civil code, such as the French civil code.
3. There is no formal civil law in China, that is, the Civil Code.
With the acceleration of civil legislation in China, the compilation of civil code has been put on the legislative agenda. On June 10 this year, the General Principles of Civil Law came into effect, which will be the opening work of the future civil code. 20 14, 10 In June, the Fourth Plenary Session of the 18th CPC Central Committee explicitly proposed "compiling the Civil Code".
As the first part of the future civil code, it plays an important role in outlining and controlling the value, and the promulgation of the general principles of civil law will undoubtedly accelerate the compilation process of our civil code. In the improvement of subsequent civil codes, China will plan to promulgate the civil code in 2020.
Extended data:
The manifestations of civil law are as follows:
1. Civil law is a civil society law. As a code of conduct, law generally takes the social relations formed between people as the adjustment object, and regulates people's behavior by adjusting people's behavior. However, when the political state and civil society are distinguished, people play different roles in group life, which leads to different requirements of the law for people in different situations.
2. Civil law belongs to private law. The division of law into public law and private law has a long history in the western legal history since Roman law, but there are different opinions on the classification standards, each with its own advantages and disadvantages. At present, the theory of special laws and regulations aimed at overcoming the shortcomings of other theories (that is, the law applicable to the country or organ as the subject of public power is public law and the law applicable to anyone is private law) has been paid more and more attention.
3. Civil law is a law of rights. Civil law is the declaration of rights, and civil law is the study of rights. It seems self-evident that civil law is called the law of rights, which may be the reason why most scholars did not mention this feature when discussing the nature of civil law.