Force majeure refers to an objective situation that cannot be foreseen, avoided and overcome.
What is the significance of the general principles of civil law?
(1) Start the process of compiling the Civil Code.
The formulation of General Principles of Civil Law not only substantially started the pace of civil code formulation, but also became the core component of the civil code, and effectively promoted the improvement of the legal system. After the promulgation, the compilation of various parts of the civil code should be coordinated with the general principles of civil law, and the legislative purpose, principles and ideas established by it should be the basic guidance to form a civil code with consistent values, unified rules and complete systems.
(b) Promoting the systematization of civil legislation in China.
General principles of civil law are the general program of civil code. Because the general principles of civil law are established by "extracting common factors" and are the most basic, universal and abstract parts of the civil code, they can be generally applied to all separate civil and commercial laws. The formulation of general principles of civil law will greatly promote the systematization of civil legislation. Codification is systematization, and the formulation of general principles of civil law will make the whole civil legislation system more harmonious and internally consistent.
(3) Improve the civil rights system and strengthen the protection mechanism.
The Civil Code is called the "Declaration of Civil Rights". "General Principles of Civil Law" widely confirms citizens' rights of personality, property rights, creditor's rights, intellectual property rights, neighboring rights and inheritance rights, making it a "declaration of civil rights". We will continue to adopt the experience of the general principles of civil law and set up a chapter on "civil rights" to centrally confirm and declare the civil rights enjoyed by natural persons and legal persons, and fully demonstrate the function of civil law in safeguarding civil rights.
Improve the basic rules of social life.
The Civil Code is called "the encyclopedia of social life". On the one hand, the general principles of civil law declare that it is necessary to carry forward the socialist core values as the legislative purpose, advocate values such as freedom, equality, justice and the rule of law, confirm basic principles such as the principle of good faith, the principle of public order and good customs, and require people to engage in civil activities and adhere to honesty and trustworthiness, which is conducive to enhancing people's awareness of honesty and trustworthiness, respecting the law and promoting the construction of an honest society. On the other hand, the rights and interests enjoyed by civil subjects are widely recognized and the interests of the fetus are stipulated.
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