SPC Issues Judicial Interpretation on General Provisions of Civil Code
SPC Issues Judicial Interpretation on General Provisions of Civil Code
On 25 February 2022, the SPC issued the Interpretation on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China, with effect from 1 March 2022.
In the March edition of GC Agenda China (subscription required), Morrison & Foerster partner Paul McKenzie commented on the interpretation that, “The interpretation provides timely help on the interpretation of the Civil Code, a little more than one year after the new Civil Code came into force. They draw upon practical judicial experience since 1 January 2021 applying Civil Code provisions and will enhance uniformity in decision-making across courts going forward. Among its more important impacts, the Civil Code replaced China's Contract Law. Among other provisions dealing with other civil law issues, the interpretation includes important guidance on the principle of apparent authority and the scope of the right under the Civil Code to revoke a contract due to gross misunderstanding or fraud.”
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