Year: 2025
Type: article
Abstract: Civil law is the core of private law, and it is the general term of the legal norms to adjust the personal relations and property relations between equal subjects. Among the many basic principles of civil law, the principle of equality occupies an important position. The principle of equality is the concrete embodiment of the basic attribute and value pursuit of civil law. However, in the specific provisions of civil law, we can still find some embodiment of non-equal relations, such as the parental rights contained in the guardianship system proposed in this paper. The parental relationship between parents and children is naturally dependent and subordinate. Although the guardianship system of China's civil code does not explicitly stipulate the word "parental rights", the specific provisions are reflected. Whether such provisions are contrary to the principle of equality in civil law involves the difference between formal equality and substantive equality.
Source: Science of Law Journal
Author: Hongyu Xia
Institution: Tibet University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4408994040