On virtual currency in Draft Civil Code

Civil code (Draft)
Article 1122 estate is the personal legal property left by a natural person at the time of death, except for those that cannot be inherited according to the law or their nature
therefore, since the implementation of the civil code in 2021, the scope of heritage has been extended to the legal property of natural persons, and the legal parts of virtual currency and network property can be inherited

In China, digital currency is illegal. According to the regulations, financial institutions and non bank payment institutions shall not directly or indirectly provide procts or services such as account opening, registration, trading, clearing and settlement for token issuance financing and "virtual currency"

it is not allowed to underwrite insurance business related to token and "virtual currency" or include token and "virtual currency" in insurance liability. Financial institutions and non bank payment institutions shall report to the relevant departments in a timely manner if they find clues of violation of laws and regulations in token issuance financing transactions

extended information:

since the announcement on preventing the financing risk of token issuance was issued, any so-called token financing trading platform shall not engage in the exchange business between legal tender and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as a central counter party, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"

for the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law

Change 1: the scope of property is expanded

in the current inheritance law, the scope of heritage is enumerated, including citizens' income, houses, trees, cultural relics, right, etc., while the draft civil code is no longer listed one by one, but expanded to "heritage is the personal legal property left by a natural person at the time of death", which means that as long as it is the property legally acquired by a natural person, All belong to the heritage, can be inherited, network property, virtual currency are summarized among them

the current inheritance law mainly deals with the following aspects: succession order and property distribution:

Article 10:

inheritance follows the following order: the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. After the succession begins, the successors in the first order shall inherit, and the successors in the second order shall not. If there is no successor in the first order, the successor in the second order shall inherit. "Children" mentioned in this Law include legitimate children, illegitimate children, adopted children and step children who are supported. The term "parents" as mentioned in this Law includes birth parents, adoptive parents and stepparents who are in a supporting relationship. "Brothers and sisters" mentioned in this Law include brothers and sisters of the same parents, brothers and sisters of the same or different parents, adopted brothers and sisters, and stepbrothers and sisters who have a supporting relationship

if the decedent's children die before the decedent, the lineal blood relatives of the decedent's children shall inherit by subrogation. Generally, a subrogation successor can only inherit the share of the estate that his father or mother has the right to inherit

a widowed daughter-in-law who has done his main ty of supporting his father-in-law and his mother-in-law shall be regarded as the first heir

if the father dies before a fetus is born, does the fetus have the right to inherit the father's property? In the draft of the general provisions, the protection of the interests of the fetus is added, which stipulates: "if the protection of the interests of the fetus involves inheritance, acceptance of gifts, etc., the fetus shall be regarded as having the capacity for civil rights; However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning. " This means that the fetus can also inherit or receive a gift

Article 907 of the draft succession code of the civil code adds the scope of application of subrogation, which is specifically revised as: "if the brother and sister of the decedent dies before the decedent, the child of the brother and sister of the decedent shall inherit in subrogation." That is to say, nephew and nephew of the decedent are also included in the scope of subrogation

what is the specific situation? For example:

Xiao Ming's parents and grandparents are gone, only Xiao Ming and his uncle depend on each other. Xiao Ming's uncle died one day. He never got married in his whole life. Xiao Ming has only one family member. Can Xiao Ming inherit his uncle's legacy

according to the current inheritance law, Xiaoming is not in the scope of legal subrogation inheritance, and can not inherit his uncle's legacy. The legacy should be regarded as ownerless property and handed over to the state

situation 1: concealment of wills. Concealing a will can lead to the loss of the right of inheritance

case 2: deceitful coercion of the decedent to set up a will

according to the provisions on the loss of inheritance added in the draft, Aunt Wang's son lost the right of inheritance

change 4: new successor forgiveness system

in the succession section of the draft civil code, the system of forgiveness for heirs is specially added, which makes it clear that if the heirs do show repentance, the heirs show forgiveness or list them as heirs in their wills afterwards, the heirs will not lose the right of inheritance

according to the above example, Aunt Wang's son really understood his mistake and showed repentance, and Aunt Wang was willing to forgive his son. Then Aunt Wang's son will not lose the right of inheritance

change 5: delete the provision of "notarial will has priority in effect" and add new forms of wills such as printing and video.

some old people will make several wills, but which will be recognized by law in the end? In the original inheritance law, the principle of priority is the effect of notarized will. In the succession part of the draft of the civil code, the provision of "notarial will has priority in effect" has been deleted

what has changed? For example:

Mr. Zhang and his wife have two sons and two daughters. They once notarized a will, and the property of their four children is divided equally. But in the last few years of his life, the old couple spent time with his youngest son. The younger son's family took care of the old couple more than other children. So the two of them made a will to give half of their property to the younger son

the draft of the civil code will delete the principle of notarial will priority, notarial will no longer have the priority of validity, in determining the validity of each will, the last will shall prevail

new forms of wills such as printing and video recording are added.

the amendment of the draft adds two forms of determination of wills, and recognizes the forms of printing wills and video recording wills

the printed will added to the draft stipulates that more than two witnesses should be present to witness the will, and the testator and the witness should sign on each page of the will, noting next year, month and day

it is stipulated in the recording and video wills that more than two witnesses should be present, and the testator and the witness should record their names or portraits, as well as the year, month and day in the recording and video wills

the above is the change content of inheritance provisions in the draft civil code. In fact, many people don't understand the current inheritance law. They think that the only child can inherit all the property of their parents. This understanding is really wrong, children inherit their parents' property (especially real estate) is not as simple as imagined! Today, I'd like to make up for you to popularize science. After all, if you don't pay attention, the only child may not be able to fully inherit their parents' property

if we don't, even the only child can't inherit their parents' real estate completely

that is to say, if the property is inherited according to law, or the parents give the property to their children, the children and parents do not need to pay indivial income tax

it seems very simple, but the reality is much more complex, even when children inherit and accept the donated house, there will be many situations! Let's see how to protect our rights and interests to the greatest extent Xiaobian specially made a picture for you to explain. If it helps you, please remember to give me the bottom right corner, you know)

when your parents give you the house, which one is the most cost-effective one

detailed list of taxes and fees to be paid between the buyer and the seller 

how to pay tax when parents give their children housing free of charge and their children transfer the housing after receiving the donation

now the problem comes again. If the house transferred from parents wants to be sold again, how much tax and fees will they have to pay? Let's see from the picture:

in the donation process, we have explained that the giver only needs to pay stamp tax, not VAT, land VAT and personal income tax, while the donee does not need to pay personal income tax, but deed tax and stamp tax

The specific provisions of the civil code are as follows:

Article 392 of the civil code of the people's Republic of China [Rules for the implementation of the security right in the case of coexistence of personal insurance and material insurance] if the secured creditor's right is secured by both material security and personal security, the debtor fails to perform the e debt or realizes the security interest as agreed by the parties, The creditor shall realize the creditor's right according to the agreement

if there is no agreement or the agreement is not clear, and the debtor provides the security of the thing, the creditor shall first realize the creditor's right on the security of the thing; If the third party provides the guarantee of the thing, the creditor may realize the creditor's right in respect of the guarantee of the thing, or request the guarantor to undertake the guarantee liability. The third party who provides the guarantee has the right to recover from the debtor after assuming the guarantee liability

(1) if the quality requirements are not clear, the performance shall be in accordance with the mandatory national standards; If there are no compulsory national standards, they shall be implemented in accordance with the recommended national standards; If there are no recommended national standards, they shall be implemented in accordance with the instry standards; If there is no national standard or instry standard, it shall be performed in accordance with the usual standard or the specific standard conforming to the purpose of the contract

Article 188 the limitation period for applying to the people's court for protection of civil rights is three years. Where the law provides otherwise, such provisions shall prevail

extended information:

the process of civil litigation

2. If the case is filed for review, the party concerned shall be informed to pay the litigation fee within 7 days, and the case shall be filed after paying the fee; If it does not meet the conditions for filing a case, it will not be accepted

if you are not satisfied with the ruling, you should appeal to the higher people's court within 10 days

after accepting the case, the court will serve a of the indictment to the other party within 5 days, and the other party will reply within 15 days, inform the party to exchange evidence, make a ruling on property preservation according to the application of the party, and immediately start the execution of the ruling; The public hearing of the case shall be announced three days in advance

(4) court debate: the parties argue and demonstrate the disputed facts and legal issues

(5) Court Mediation: under the auspices of the court, both parties agree to solve the dispute

If a mediation agreement is reached, a mediation statement will be made, which will take effect after both parties sign for it, and the parties will perform the content of the mediation statement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a decision (pronouncement)

5

No. 280 regulations of the people's Republic of China on the administration of RMB, which was adopted at the 24th executive meeting of the State Council on December 28, 1999, is hereby promulgated and shall come into force as of May 1, 2000

anyone who is rejected can complain to the competent authority of RMB, namely the people's Bank of China. On the other hand, as a business operator, it is also suspected of infringing the rights and interests of consumers

extended materials:

to maintain the reputation of RMB, this regulation is applicable to the acts of damaging RMB, such as making, ing, buying and selling RMB patterns (including enlarging or shrinking), using RMB patterns on publicity materials, publications or other commodities without the approval of the people's Bank of China

articles 43 and 44 of the regulations clearly stipulate that the administrative department for Instry and Commerce shall confiscate the illegal income and illegal property and impose a fine of 1-3 times of the illegal income while giving a warning, and impose a fine of 1000-50000 yuan if there is no illegal income. Anyone who intentionally damages RMB will be given a warning and fined less than 10000 yuan by the public security organ

Currency is a kind of special commodity that replays the general equivalent, which belongs to the category of civil law. As the representative of social general wealth, the value of money itself is not valued by people. What people value is the amount of social wealth it represents, that is, the amount of a certain amount of face value. As long as the social wealth it represents is equal, these currencies and those currencies, or this kind of currency and that kind of currency, are qualitatively equal. Therefore, as a kind of thing, money has a high substitution. As a general equivalent, money has the function of value measure and means of payment
the legal currency of our country is RMB, including all kinds of banknotes and coins. Unless otherwise stipulated by law, RMB is the only currency in China, and foreign currency, gold and silver shall not be used as a means of payment. In order to realize civil rights or perform civil obligations, civil subjects must abide by the provisions of national laws and use RMB as the means of payment. They can not violate the provisions of laws and regulations to engage in illegal activities such as foreign currency black market transactions, foreign exchange evasion and arbitrage
the function of money in civil legal relations is as follows:
(1) as the object of real right, natural person, legal person and other organizations without legal person can not only enjoy the real right of general objects, but also possess, apply, gain and dispose of money
(2) act as the subject matter of the bond. For example, money can be used as the price in the debt of sale and the remuneration in the debt of service< As a special kind of thing in civil law, money has the following characteristics: (1) ownership of money. The possession of money and ownership are combined into one, and the possessor of money is regarded as the owner of money< (2) the transfer of money ownership. The transfer of money ownership is based on delivery. Even in the loan contract, what is transferred is money ownership, not the right to use money. The money delivered by the incapacitated person also transfers its ownership
(3) currency does not have the right of claim for restitution and the right of action for restitution, but can only make corresponding claims based on contractual relationship, unjust enrichment or tort. Its particularity is determined by the means of currency circulation