About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 Laws 1 (2023)

handle is hein.journals/laws12 and id is 1 raw text is: MDP laws Article Parent-Child Relationship in the Civil Code of China Wenting You School of Law, Shanxi University, Taiyuan 030006, China; youwenting@163.com Abstract: The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill. Keywords: marriage and family law; private law; parent-child relationship; presumption; adoption; denial of legitimate children check for updates Citation: You, Wenting. 2023. Parent-Child Relationship in the Civil Code of China. Laws 12: 1. https:// doi.org/10.3390/lawsl2OlOOOl Academic Editor: Patricia Easteal Received: 19 November 2022 Revised: 18 December 2022 Accepted: 19 December 2022 Published: 22 December 2022 Copyright: © 2022 by the author. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https:// creativecommons.org/licenses/by/ 4.0/). 1. Introduction The Chinese Civil Code strives to include all current legal rules in the realm of civil affairs into its 1260 items in a methodical manner. It is a codification and revision of Chinese civil legal norms, in the same structure as the Swiss, German, and Japanese civil codes. It is split into seven volumes: General Provisions, Property, Contracts, Personality Rights, Marriage and Family, Succession, and Torts. The 2020 codification is a recombination of existing minor acts, a compilation that does not change the fundamentals of present regulations. It is neither a reinterpretation of existing texts nor the establishment of new private law, but rather the integration of pre-existing laws. Paternity is a newly created institution that represents a significant development in Chinese family law. It is included in Article 1073 of the Civil Code, which represents the paternity legal system in Chinese civil law. The recognition or denial of paternity by parents and the recognition of paternity by adult children are consolidated in this article of the Chinese Civil Code. Even though there is only one article, it establishes the legal framework for parentage recognition in China and represents a significant step forward in the development of Chinese kinship law. Paternity confirmation and denial are both included in the text. The first is pater- nity confirmation, often known as the claim of children born out of wedlock, in which the biological father acknowledges and treats the child born out of marriage as his child. On the other hand, there is paternity denial. It is the disidentification of a child born in Laws 2023, 12, 1. https: / /doi.org/10.3390/1aws12010001 https:/ /www.mdpi.com/journal/laws Laws 2023,12, 1. https://doi.org/10.3390/laws12010001 https://www.mdpi.com/journal/laws

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most