Civil Law
What the exam tests
Civil Law is dominated by the Civil Code (2021), covering persons, property, contracts, personality rights, marriage and family, inheritance, and tort. The exam tests capacity, juristic acts, agency, limitation, contract remedies, property transfer, and tort liability.
Core rules
- Natural persons have capacity for civil rights from birth to death; capacity for civil conduct depends on age and mental condition. Minors aged 8 or above have limited capacity; acts beyond their capacity require consent or ratification by a legal representative.
- Juristic acts require capacity, true intention, and no violation of mandatory law or public order and good morals.
- The general limitation period is three years from knowing or ought to know the infringement and obligor; the maximum is 20 years from the infringement. The court does not apply limitation ex officio.
- Contract formation requires offer and acceptance. Breach remedies include specific performance, repair, damages (including loss of profit), and termination.
- Real property rights transfer on registration; movable property on delivery, unless law provides otherwise.
Worked example
A 16-year-old student buys a 9,000-yuan smartphone from a shop without parental consent. The contract is not automatically void. The minor has limited capacity; the purchase exceeds what is commensurate with age and intelligence. The contract is pending effectiveness until the legal representative ratifies or refuses. If the phone is a necessary item for study and the price is reasonable, it may be valid. If refused, the shop must return the price; the minor or guardian returns the phone. The analysis turns on capacity plus ratification, not on the slogan that minors cannot contract.
Traps
Do not say limitation extinguishes the right; it gives the obligor a defence. Do not apply limitation on the court's own motion. Do not confuse registration and delivery for real and movable property. Do not treat all contracts with minors as void. Do not ignore personality rights in the Civil Code. Do not use public order and good morals without applying it to the facts.