Time Limitations in the Civil Code - 3

 
III.  Rules on Spanning Application
Article 20      Where a contract established before the entry into force of the Civil Code shall continue to be performed after the entry into force of the Civil Code according to law or as agreed by the parties, disputes arising from the performance of the contract before the entry into force of the Civil Code shall be governed by the provisions of the laws and judicial interpretations then in effect, and disputes arising from the performance of the contract after the entry into force of the Civil Code shall be governed by the applicable provisions of Chapters IV and Chapter V of Title Three of the Civil Code.
Article 21      Where the term of a lease expired before the entry into force of the Civil Code, and the lessee claims the right of first refusal to lease in accordance with the second paragraph of Article 734 of the Civil Code, the people's court shall not sustain the claim. Where the term of a lease expires after the entry into force of the Civil Code, and the lessee claims the right of first refusal to lease in accordance with the second paragraph of Article 734 of the Civil Code, the people's court shall sustain the claim.
Article 22      Where, after the people's court had made a decree refusing to grant a divorce before the entry into force of the Civil Code, the spouses have been living separately for over one year, and either spouse files a second divorce lawsuit, the provisions of the fifth paragraph of Article 1079 of the Civil Code shall apply.
Article 23      Where a decedent made a notarized will before the entry into force of the Civil Code and made a new will after the entry into force of the Civil Code, and a dispute arises after his death due to the conflict of the contents of the wills, the provisions of the third paragraph of Article 1142 of the Civil Code shall apply.
Article 24      In case of a civil dispute arising from a tort, if the tort was committed before the entry into force of the Civil Code, but damage is incurred by the tort after the entry into force of the Civil Code, the provisions of the Civil Code shall apply.
Article 25      In case of a contract established before the entry into force of the Civil Code, if the time limit for exercising the right of termination was neither specified in the laws and judicial interpretations then in effect nor agreed upon by the parties to the contract, the other party did not demand the exercise of such right, and the right holder fails to exercise it within one year from the date of entry into force of the Civil Code, the people's court shall determine that the right of termination is extinguished according to law if the right holder was aware or should have been aware of the cause of termination before the entry into force of the Civil Code, or the provisions of the second paragraph of Article 564 of the Civil Code pertaining to the time limit for exercising the right of termination shall apply if the right holder is aware of or should be aware of the cause of termination after the entry into force of the Civil Code.
Article 26      Where a party files a petition with the people's court to claim revocation of a marriage on the ground that the marriage was entered into under coercion before the entry into force of the Civil Code, the time limit for exercising the revocation right shall be governed by the provisions of the second paragraph of Article 1052 of the Civil Code.
Article 27      In case of a guarantee contract established before the entry into force of the Civil Code, if the guarantee period agreed upon is not sufficiently definite, and the repayment period of the principal debt expires within two years from the date of entry into force of the Civil Code, the people's court shall sustain a claim that the guarantee period is two years from the date of expiration of the repayment period of the principal debt; if no guarantee period is agreed upon, and the repayment period of the principal debt expires within six months from the date of entry into force of the Civil Code, the people's court shall sustain a claim that the guarantee period is six months from the date of expiration of the repayment period of the principal debt.