| 英文摘要 |
The China’s Civil Code will enter into force on 1 January 2021. It will become the most important civil code in 21 century and is influenced by the Germany Pandektistik, although it is a consolidation of the former individual civil laws. But it has the innovation in its system that the gener-al rules of contract play the role of the general rule of obligation. The un-der concept of contract in place of the above concept of obligation is used and results in the loose structure of the system, because it is based on the former contract law, which is short of the horizontal connection between the individual laws. The Spontaneous Agency (Quantum meruit) and Un-just Enrichment are subsumed in the quasi contracts. The legal items should be transformed constantly between the contract and obligation, and result in the increasing costs of legal dogmatic. Totally, the Civil Code of China is a problem-oriented solution. The rules of contract refer to a great quantity of international contract law documents such as CISG, PICC and PECL, and make it become another distinguishing feature. The rules about the breach of contract and the cancellation of contract are the highlights in this code. The strict liability, continuous performance and damages are the major reliefs when the contract is broken. The fundamental breach of con-tract serves as the common cause of the contract cancellation. These re-forms are also introduced in the draft plan of Taiwan’s Civil Code. These directions of the reform show that the influence of the international con-tract law documents is spread in the modern legislative activities. The Green Principle and Electronic Commerce are also the important features in this code and reflect the importance of the modern environment protec-tion and E-Commerce. The regulations of Typical Contracts and Adhesive Contract Clause, Pre-contractual and After-contractual obligations, Rene-gotiation, Guarantees of Contracts and so on are also the highlights in this code. The relevant issues and the comparison with the Taiwan’s Civil Code will be discussed in this article, too.
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