| It is not an accident that the Chinese Civil Code does not contain the general provisions of the obligation law, but is the result of a strong legislative inertia accumulated over several decades. In Chinese legislative history, the general provisions of the obligation law appeared only in the first codification of civil law in the 1950s. Since then, there had been two key factors that inhibited the general provisions of the obligation law, i.e., firstly, in the 1960s, the unique dichotomy of static property ownership and dynamic property transfer was established, and secondly, in the 1980s, the tort liability law and the contract law were independent of each other. The ideas and technologies of the code represented by these two factors have continuously strengthened the inertia of rejecting the general provisions of the obligation law through the General Principles of the Civil Law and the separate laws surrounding it. Under the codification principle of direct conversion from a separate law to a part of the civil code, the general provisions of the obligation law were finally abandoned by the Chinese Civil Code promulgated in 2020. |
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