Time Limitations in the Civil Code - 1

Fa Shi [2020] No. 15
Supreme People's Court's Interpretations Pertaining to the Application of Time Limitations in the Civil Code of the People's Republic of China
(Adopted at the 1821st Session of the Supreme People's Court Judicial Committee on December 14, 2020, and taking effect on January 1, 2021)
 
In accordance with the Legislation Law of the People's Republic of China, the Civil Code of the People's Republic of China, and other applicable laws, the following Interpretations are promulgated on issues pertaining to the application of time limitations stipulated in the Civil Code in the trial of civil cases.
I.     General Provisions
Article 1 Cases of civil disputes arising from facts that occur after the entry into force of the Civil Code shall be governed by the provisions of the Civil Code.
Cases of civil disputes arising from facts that occurred before the entry into force of the Civil Code shall be governed by the provisions of the laws and judicial interpretations then in effect, unless otherwise provided by laws and judicial interpretations.
Cases of civil disputes arising from facts that occurred before and continued after the entry into force of the Civil Code shall be governed by the provisions of the Civil Code, unless otherwise provided by laws and judicial interpretations.
Article 2 Where the fact causing the civil dispute of a case occurred before the entry into force of the Civil Code, and applicable provisions are included in the laws and judicial interpretations then in effect, the provisions of such laws and judicial interpretations then in effect shall apply, unless the application of the provisions of the Civil Code is more conducive to protecting the legitimate rights and interests of the parties, maintaining a stable social and economic order, and propagating the core socialist values.
Article 3 Where the fact causing the civil dispute of a case occurred before the entry into force of the Civil Code, and no applicable provisions are included in the laws and judicial interpretations then in effect, but applicable provisions are included in the Civil Code, the provisions of the Civil Code may be applied, unless the application of the provisions of the Civil Code will materially derogate the legitimate rights and interests of the parties, increase their legal obligations, or deviate from their reasonable expectations.
Article 4 Where the fact causing the civil dispute of a case occurred before the entry into force of the Civil Code, and only principles are included in the laws and judicial interpretations then in effect, but rules are included in the Civil Code, the principles of the laws and judicial interpretations then in effect shall apply, but the rules in the Civil Code may be referenced for judging and reasoning.
Article 5 Where a civil case had been finally closed before the entry into force of the Civil Code, and a party files a petition for retrial of the case, or the case is retried as decided by the people's court according to the trial supervision procedure, the provisions of the Civil Code shall not apply.