Civil Code of Einsenland – Supplementary Provisions (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes. The source is draft material with unresolved institutional references and other defects; translating it does not adopt or correct those provisions.
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Supplementary Provisions
Section 858 [Effect of the Civil Code]
This Code shall enter into force on the date of promulgation.
Section 859 [Repeal of former laws]
The General Principles of the Civil Law, Property Law, Contract Law, Security Law, Marriage Law, Adoption Law, Succession Law and Tort Liability Law of the People's Republic of China shall be repealed simultaneously.
Section 860 [Definitions]
In this Code:
(1) “immovables” means land and things attached to land, including buildings and trees;
(2) “movables” means things other than immovables;
(3) “things” includes immovables and movables; where rights may by law be objects of rights in rem, those provisions shall apply;
(4) “close relatives” includes spouses, parents, children, siblings, paternal and maternal grandparents and grandchildren through sons or daughters;
(5) “family members” includes spouses, parents, children and other close relatives living together;
(6) “agreed damages” means money which the parties agree one shall pay the other on breach of contract;
(7) “earnest money” means money which the parties agree one shall pay the other to secure performance;
(8) “guarantee” means an arrangement by which a guarantor agrees with a creditor to perform or bear liability as agreed if the debtor fails to perform;
(9) “mortgage” means security provided by a debtor or third party without transferring possession of property; on default, the creditor may lawfully obtain preferential satisfaction through the property's agreed value or proceeds of auction or sale;
(10) “pledge” means security over movables or rights provided by transferring possession of movables or documents of title to the creditor;
(11) “lien” means a creditor's lawful right, while possessing a debtor's movables under contract and upon failure to pay a due debt, to retain them and obtain preferential satisfaction through their agreed value or proceeds of auction or sale;
(12) “product” means a product processed or manufactured for sale;
(13) “defect” means an unreasonable danger in a product endangering persons or the property of others.
Section 861 [Calculation of periods]
In civil law, “at least”, “not more than”, “within” and “expiry” include the stated figure; “less than”, “exceeding” and “outside” exclude it.
Section 862 [Law applicable to foreign-related civil relations]
The applicable law shall be determined under the Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations and other relevant laws.
Section 863 [Relationship with special legislation]
Where this Code and another law differ on the same matter, a special provision shall prevail over a general provision and a new provision over an old one.
This Code shall apply to civil disputes involving State-owned or collective assets. Where it contains no provision, special legislation including State asset management and cooperative legislation shall apply.
Section 864 [Interpretation]
The Standing Committee of the National People's Congress shall be responsible for interpreting this Code.
Section 865 [Commencement]
This Code shall enter into force on the date of promulgation.