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Legislatively, the mid-1980s was a special period as the focus of civil law drafting started to shift from the civil code to the General Principles of Civil Law. Within such a short period of time, efforts were made to summarize the experiences of drafting civil code in two attempts of 1950s and 1980s, introduce the principles of socialist fairness upheld in Yugoslavian debt law, and comprehensively borrow the contents and layouts of the 1922 and 1964 Civil Code of RSFSR. It was under such historical background that Art. 132 of the former General Principles of Civil Law was formulated. The legislative paradigm set by Art. 132 of the former General Principles of Civil Law got remained in Art. 24 of the former Tort Liability Law.

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Process of Establishing Art. 132 on Liability Based on Fairness in the Former General Principles of Civil Law

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  • 发表日期：

    2026年

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  • Zhu Wang

摘要

Legislatively, the mid-1980s was a special period as the focus of civil law drafting started to shift from the civil code to the General Principles of Civil Law. Within such a short period of time, efforts were made to summarize the experiences of drafting civil code in two attempts of 1950s and 1980s, introduce the principles of socialist fairness upheld in Yugoslavian debt law, and comprehensively borrow the contents and layouts of the 1922 and 1964 Civil Code of RSFSR. It was under such historical background that Art. 132 of the former General Principles of Civil Law was formulated. The legislative paradigm set by Art. 132 of the former General Principles of Civil Law got remained in Art. 24 of the former Tort Liability Law.