Time Limitations in the Civil Code - 2

 
II.    Rules on Retrospective Application
Article 6 In case of a civil dispute arising from damage to social and public interests due to a tort of the name, likeness, reputation, or honor of a hero or martyr that occurred before the entry into force of the General Principles of Civil Law of People's Republic of China, the provisions of Article 185 of the Civil Code shall apply.
Article 7 Where the parties agreed, before the entry into force of the Civil Code, that the ownership of the mortgaged or pledged collateral shall be vested in the obligee if the obligor failed to repay the due debt before the expiration of the repayment period, the provisions of Articles 401 and 428 of the Civil Code shall apply.
Article 8 Where a contract established before the entry into force of the Civil Code is held invalid in accordance with the provisions of the laws and judicial interpretations then in force but is held valid in accordance with the provisions of the Civil Code, the provisions of the Civil Code shall apply.
Article 9 Where a contract was concluded before the entry into force of the Civil Code, and the party providing the standard terms therein failed to perform the obligation of warning or explanation, the validity of the standard terms shall be governed by the provisions of Article 496 of the Civil Code.
Article 10      Where either party to a contract claimed, before the entry into force of the Civil Code, to terminate the contract by filing a lawsuit without notifying the other party, the provisions of the second paragraph of Article 565 of the Civil Code shall apply.
Article 11      Where either party to a contract established before the entry into force of the Civil Code fails to perform, or fails to perform as agreed, their non-monetary obligations thereunder, the other party may request performance by such party; provided, however, that if the purpose of the contract is frustrated due to one of the exceptions in Items 1, 2, or 3 of the first paragraph of Article 580 of the Civil Code, and the other party claims termination of the rights and obligations thereunder, the provisions of the second paragraph of Article 580 of the Civil Code shall apply.
Article 12      Where a dispute arises over a factoring contract concluded before the entry into force of the Civil Code, the provisions of Chapter XVI of Title Three of the Civil Code shall apply.
Article 13      Where there is a dispute over whether an heir has lost the right to inheritance after the heir had committed one of the acts specified in Items 4 and 5 of the first paragraph of Article 125 of the Civil Code before the entry into force of the Civil Code, the provisions of the first and second paragraphs of Article 1125 of the Civil Code shall apply.
Where there is a dispute over whether a legatee has lost the right to legacy after the legatee had committed one of the acts specified in the first paragraph of Article 1125 of the Civil Code before the entry into force of the Civil Code, the provisions of the first and third paragraphs of Article 1125 of the Civil Code shall apply.
Article 14      Where a decedent dies before the entry into force of the Civil Code, with no heir or legatee to receive the estate, and the children of the decedent's siblings make subrogation claims to inheritance, the provisions of the second and third paragraphs of Article 1128 of the Civil Code shall apply, unless the estate had been disposed of before the entry into force of the Civil Code.
Article 15      Where a testator made a printed will before the entry into force of the Civil Code, and a dispute arises over the validity of the will, the provisions of Article 136 of the Civil Code shall apply, unless the estate had been disposed of before the entry into force of the Civil Code.
Article 16      In case of a civil dispute arising from damage to the victim when participating, of their free will, in sports or recreational activities which may be dangerous before the entry into force of the Civil Code, the provisions of Article 1176 of the Civil Code shall apply.
Article 17      In case of a civil dispute arising from the measures taken by the victim to detain the property of the tortfeasor before the entry into force of the Civil Code in order to protect the victim's legitimate rights and interests, the provisions of Article 1177 of the Civil Code shall apply.
Article 18      In case of a civil dispute arising from damage to a gratuitous guest caused by the operation of a motor vehicle that was not for business operations before the entry into force of the Civil Code, the provisions of Article 1217 of the Civil Code shall apply.
Article 19      In case of a civil dispute arising from damage to a victim caused by an object thrown out of or fallen off from a building before the entry into force of the Civil Code, the provisions of Article 1254 of the Civil Code shall apply.