On July 4, 2020, the eleventh lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held. Prof. Li Yongjun, a doctoral supervisor at China University of Political Science and Law, and Vice President of the Civil Law Research Institute of China Law Society, gave the eleventh lecture on the theme of “A Doctrinal Analysis on the Civil Code”. The lecture was moderated by Professor Meng Qinguo of Wuhan University School of Law.
Prof. Meng Qinguo extended a warm welcome to Prof. Li’s arrival, and introduced Prof. Li’s academic background, academic achievements and her contribution to the codification of the Civil Code.
Professor Li thanked Wuhan University School of Law for its invitation, and expounded from the “two relations” and the logical self-consistency of concepts in the civil code.
First of all, Prof. Li raised the issue of “two relationships” in the Civil Code. The first is the relationship between general law and special law. In the context of the integration of civil law and commercial law, the Civil Code should provide the basis for the separate law. The second is the relationship between legislation and judicial precedent. Some articles in the Civil Code may do more harm than good by referring to judicial interpretation in legislation.
Next, Prof. Li combined the relevant regulations of Personality Right Part and Real Right Part to expound the logical self-consistency of concepts in the civil code. On the personality right, Prof. Li deemed that the listing of personality right in the Civil Code (Article 990) does not conform to its definition. On the real right, Prof. Li put forward related issues of the usufructuary right of chattel and interpreted them (Article 323). In addition, Prof. Li also put forward his own views on the conditions of contract guarantee and the retention of ownership of the contract.
Finally, Prof. Li looked forward to the development of the Civil Code. He pointed out that it was normal for different views on some concepts in the Civil Code. However, a professional community should have a path to dialogue and reach a consensus.
Prof. Meng summarized the lecture. He commented that Professor. Li fully affirmed the value of the civil code and analyzed the existing problems from the perspective of dogmatics. On behalf of the organizers, Professor. Meng once again thanked Professor. Li for his sharing.
The lecture was concluded with warm applause from all the teachers and students.
The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.
Edited by Yuan Yuhang & Wu Liuqing