China – Implementation of “the General Rules of the Civil Law of the Peoples Republic of China” 4 December 2017 No.933 Download PDF (283KB) We have obtained the following information from Sloma & Co., a law firm in Shanghai, China: The National People's Congress of the People's Republic of China approved the General Rules of the Civil Law of the P.R.C., the “New Civil Law”, on 27 March 2017 and this came into force as at 1 October 2017.  In China, there has existed the General Principles of the Civil Law of the P.R.C., the “Old Civil Law”, since 1987.  However, the “New Civil Law” was adopted because the “Old Civil Law” had become out of step with the times.   (Particular Rules of the Civil Law shall be developed and integrated gradually into the Civil Law by 2020.) We would like to focus on how the “New Civil Law” deals with personal injury/death claims and the time bar, given their importance in the maritime and marine insurance fields.   I. Time of whereabouts becoming unknown It is clearly defined by Article 41 of the New Civil Law that the time during which an individual’s whereabouts becomes unknown shall be counted from the day when it is realised that the individual is non-contactable. II. Time to declare death While providing the same as the Old Civil Law that an interested party may apply to the court for declaration of an individual’s death when his/ her whereabouts have been unknown for two years due to an accident, or unknown for four years due to any other situation, Article 46 of the New Civil Law provides a new option which may advance the time to declare death as follows: If an individual’s whereabouts become unknown due to an accident and the relevant authorities certify that it is impossible for him / her to survive, the application for declaration of his/ her death is not subject to the two years provision. We believe this means that where a ship collision or any other accident has led to a crew member appearing