Civil law is a subject with strong theoretical, systematic and practical nature, and its focus cannot be reflected in some chapters. Therefore, when reviewing civil law courses, candidates should focus on understanding and accuracy. Master the system of civil law, basic theories of civil law, adjustment principles of civil law and various basic systems of civil law. Judging from the content structure of the course, the content of the civil law course generally includes the general part of civil law, the property law part, the debt law part and the personal rights, intellectual property rights, and inheritance parts. According to the requirements of the "Exam Syllabus", we believe that the review focus of each part is mainly the following content:

(1) General Section

The General Section of Civil Law includes some aspects of civil law Important system, learning this part well is the basis for in-depth study of civil law. The key contents of this part include:

1. The essence of civil law. By understanding the origin of civil law, we can effectively grasp the essence of civil law, gain insight into the concepts and characteristics of civil law, and then have a correct understanding of my country's civil legislation. The so-called civil law refers to the sum of legal norms that regulate the property relations and personal relations between equal civil subjects in engaging in civil activities.

2. The adjustment objects and adjustment principles of civil law. Clarifying the adjustment objects of civil law is the basis for clarifying civil law as an important department of law, and is also the prerequisite for understanding the system structure of civil law, the adjustment principles of civil law, and various systems. Civil law has its own specific adjustment objects, that is, property relations and personal relations between equal civil subjects. The adjustment principles of civil law are the basic norms for implementing the purpose of the Constitution, embodying the spirit of civil law, regulating civil activities, and guiding civil trials. A good grasp of the adjustment principles of civil law will help to better understand various civil systems. When reviewing the adjustment principles of civil law, candidates should combine it with other contents of civil law to gain an in-depth understanding. In particular, the principle of good faith is considered the "imperial principle" of civil law. Candidates should accurately grasp its basic meaning and the embodiment of this principle in the basic system of civil law.

3. Civil legal relationships and civil legal facts. As far as civil legal relationships are concerned, candidates are required to master the concepts and characteristics of civil legal relationships, the basic classification of civil legal relationships, and the elements of civil legal relationships. In particular, candidates must have a clear understanding of the elements of civil legal relationships. As far as civil legal facts are concerned, candidates are required to focus on mastering the concepts and meanings of civil legal facts, their basic classifications, and the meanings of each classification.

4. Citizen (natural person) and legal person system. First of all, the concept and essence of citizenship should be mastered; secondly, the civil rights capacity and civil conduct capacity of citizens and legal persons are key contents that candidates should master. In particular, candidates should focus on the classification of citizens' civil capacity, the different characteristics and comparisons of citizens' civil rights capacity, civil capacity, and legal persons' civil rights capacity and civil capacity when reviewing. Others such as the guardianship system, the declaration of missing and death system, the establishment, change and termination of individual industrial and commercial households, rural contract operators, individual partnerships and legal persons are also the focus of this part.

5. Civil legal acts. Civil legal behavior is the core content of civil law and civil law, and it has many knowledge points. Candidates should focus on mastering this part of the content when reviewing. This part of the content mainly includes: the concept and characteristics of civil legal acts, the classification and forms of civil legal acts, the valid conditions of civil legal acts, the concept of civil legal acts with conditions and time limits, invalid civil acts and their changeability and revocation The concept and composition of civil acts, etc. When reviewing the content of this part, candidates should first accurately grasp the relevant concepts. For example, the concept and composition of modifiable and revocable civil acts. When reviewing the content of this part, candidates should first accurately grasp the relevant concepts. For example, for a changeable or revocable civil act, candidates should be able to accurately remember its concepts and characteristics, understand the difference between it and an invalid civil act, and be able to grasp its legal effect and the legal consequences after it is revoked.

6. Agent. Agency refers to a civil legal system in which an agent performs legal acts with a third party in the name of the principal within the authority of the agency, and the legal consequences are directly borne by the principal. Candidates should pay attention to accurately grasp the concept of agency and understand the legal characteristics of agency based on this concept. Others, such as the applicable scope and type of agency, agency power and its exercise, the concept of unauthorized agency and the effectiveness of unauthorized agency, and the apparent agency system, are the focus of this part.

7. Limitation of action.

Focus on mastering the concepts, types and nature of statutes of limitations and statutes of limitations, the effectiveness of statutes of limitations, the difference between statutes of limitations and acquisition of statutes, the difference between statutes of limitations and expulsion periods, the significance of statutes of limitations, types of statutes of limitations, and the period of statute of limitations. Suspension, interruption and extension of the starting and limitation period, the concept of period, calculation of types and conditions, etc.

8. Civil liability. Focus on mastering the concept and characteristics of civil liability, the attribution principles of civil liability, the classification of civil liability and the forms of bearing civil liability. The types of general tort liability and special tort liability, the components and methods of civil liability for breach of contract, and the reasons for exemption from civil liability for breach of contract are all content that candidates need to master.

(2) Property Law Part

The key contents of the property law part mainly include the types and systems of property rights, the basic principles of property law, ownership, other property rights, ownership and related rights. Neighbor relations, etc.

1. The concept and characteristics of property rights. Property rights are the right of the rights subject to directly control a specific thing and enjoy its benefits in accordance with the law. The legal characteristics of property rights can be explained through the comparison of property rights and creditor's rights.

2. Types of property rights. Regarding the types of property rights, candidates should master the basic composition of the property rights system and the conceptual characteristics of various property rights, as well as the types of property rights determined by Chinese law.

3. Civil law protection of property rights. The similarities and differences between the property rights method and the creditor's rights method are contents that candidates should master. Candidates also need to master the concepts and applicable conditions of five methods of civil law protection of property rights: requesting the return of the original property, requesting the removal of obstructions, requesting the elimination of danger, requesting restoration to the original condition, and requesting compensation for losses. In addition, the concepts, characteristics and differences between independent relief and public relief should also be understood.

4. Ownership. The concept and characteristics of ownership, the content of ownership, that is, the meaning of the power of ownership, the limitations of ownership, the methods of original acquisition and inheritance of ownership, and the reasons for the elimination of ownership are all contents that candidates should master. The concept, meaning and conditions of the good-faith acquisition system are also important contents of this part.

5. Other property rights. The concepts, characteristics, establishment or acquisition conditions, and content of rights of various property rights are the focus of this part. In particular, candidates should pay special attention to the content of state-owned land use rights, land contract management rights, mortgage rights, pledge rights and lien rights.

6.***Yes. ***It refers to the civil legal relationship in which a certain property belongs to two or more people at the same time. Candidates should understand the concepts and characteristics of co-ownership and co-ownership, as well as the rights and obligations of co-owners and co-owners.

7. Adjacent relationship. Candidates should master the concepts and characteristics of adjacent relationships, principles for dealing with adjacent relationships, and specific handling requirements for several major adjacent relationships in practice.

(3) Obligation Law Part

Obligation Law and Property Law are two important branches of civil law. In debt law, there are many basic principles and basic systems, and candidates should be able to grasp them accurately.

1. The concept of debt and types of debt. A debt is a civil legal relationship between specific persons requesting specific actions. The subject, content and object of debt are the three elements of debt, which candidates should understand. Candidates should focus on understanding the different classifications of debt and the legal significance of each classification.

2. The occurrence, change and elimination of debt. Candidates should understand that: the relationship between debts can occur due to legal facts such as contract, tort, unjust enrichment, and management without cause; changes in debts include changes in the content of the debts and changes in the subject of the debts; the main reasons for the elimination of debts are performance and cancellation. , offset, withdrawal, exemption and commingling.

3. Unjust enrichment. Unjust enrichment refers to the loss of other people's property while gaining benefits for oneself without any legal or contractual basis. The components of unjust enrichment and the treatment of unjust enrichment debts are the focus of this part.

4. No-cause management. Management without cause is the act of managing the affairs of others without a legal or contractual obligation. The components of cause-free management and the treatment of the debt of cause-free management are the key contents of this part.

5. Contract law part.

This part contains a lot of content. Candidates should focus on mastering: the concept of contract and the types of contracts; the concept of contract formation, the concept of offer, the difference between offer and invitation to treat, the validity of offer, the effective time of offer and the expiration of offer. reasons; the concept of commitment, the manner and time of commitment, the withdrawal of commitment; the time and place of establishment of the contract, the meaning of liability for contractual fault, the conditions for constituting liability for contractual fault and the provisions of the Contract Law on the causes of liability for contractual fault; the validity of the contract performance, the validity of contracts concluded by persons without capacity and persons with limited capacity, the validity of contracts concluded by agents without authority and apparent agents, the validity of contracts concluded by legal representatives and persons in charge exceeding their authority, the validity of contracts concluded without the right to dispose of other people's property The validity of entering into a contract; the concept of contract performance, the principles and content of contract performance, the right of defense, the creditor's right of subrogation and the right of rescission in the performance of a bilateral contract; the meaning of contract modification, the conditions for contract termination; the concept and types of contract guarantees, The concept and setting of guarantee, the two ways of guarantee and the effect of guarantee, the nature of deposit, the type and effect of deposit, the difference between deposit and advance payment; the concepts and characteristics of various contracts, the rights and obligations of the parties to the contract, etc. wait.

(4) Personal rights part

The key content of the personal rights part is mainly the characteristics and types of personal rights.

1. The concept, characteristics and types of personal rights. Personal rights refer to the civil rights enjoyed by civil subjects in accordance with the law that are inseparable from their persons and have no direct property content. It is one of the most basic civil rights of civil subjects and is the prerequisite for the existence of other civil rights. Its main characteristics are that it has no property content and does not directly reflect property rights, but it has a certain connection with the property rights of the right subject, and is closely connected with the person of the right subject and cannot be separated. Personal rights include personality rights and identity rights. The main differences are the ways in which rights are obtained, the scope of subjects, and the objects of rights. In addition, it is also necessary to understand the similarities and differences between personal rights and human rights.

2. Personality rights. The types of personality rights mainly include life rights, body rights, health rights, name rights, title rights, portrait rights, reputation rights, and privacy rights.

3. Identity rights. The types of identity rights mainly include honor rights, spouse rights and relative rights.

(5) Intellectual Property Part

The intellectual property part includes copyright, patent rights and trademark rights.

1. The concept and characteristics of intellectual property. Intellectual property rights refer to the general term for the rights enjoyed by the completer of creative intellectual achievements or the owner of industrial and commercial marks in accordance with the law. It has three major characteristics: exclusivity, regionality and time. Intellectual property rights include copyrights, patents, and trademarks. The role of the intellectual property system must also be understood.

2. Copyright. The subject of copyright includes the author and persons other than the author. Candidates should understand the ownership of copyright in several special circumstances. The object of copyright is the work. Candidates should understand the concept and scope of the work and the objects that are not protected by the Copyright Law according to Chinese laws. The content of copyright includes personal rights and property rights. Candidates should understand the specific contents of personal rights and property rights, as well as the acquisition time and protection period of copyright. Limitations of copyright include fair use of the work and statutory permission. Candidates should be aware of fair use and legal permissions. Neighboring rights are rights enjoyed by the disseminator of a work. Candidates should understand the content of various neighboring rights. Copyright infringement and legal liability are also contents that candidates should master.

2. Patent rights. Candidates should master: the subject and object of patent rights; the substantive and procedural conditions for granting patent rights; the term, invalidity and termination of patent rights; the content of patent rights and the protection of patent rights.

3. Trademark rights. Candidates should master: the conceptual role of trademarks; types of trademarks; principles of trademark registration, substantive conditions and procedural conditions for trademark registration; duration and renewal of trademark rights; transfer procedures and requirements, use licenses and changes of trademark rights; trademark rights disputes, invalidity and termination; the scope of protection of trademark rights, types of trademark infringement, and legal liability for trademark infringement.

(6) Inheritance part

1. The concept, types and basic principles of inheritance system. Inheritance refers to the legal system in which the legal personal property owned by the deceased candidate and left behind at death is transferred to others in accordance with the law. The main classifications of inheritance are legal inheritance and testamentary inheritance, principal inheritance and subrogation inheritance.

In addition, candidates should also have a basic understanding of the five basic principles of our country's inheritance system.

2. Inheritance rights. Candidates should master the concept of inheritance rights, the exercise of inheritance rights, the circumstances of loss of inheritance rights and the method of giving up inheritance rights, the protection of inheritance rights, and the concept and scope of inheritance.

3. Legal inheritance. Candidates should master the concept, characteristics and applicable conditions of legal inheritance, the scope and order of inheritance of legal heirs, the difference between subrogation and transfer inheritance and their applicable conditions, and the principles and methods of inheritance distribution in legal inheritance.

4. Testamentary inheritance. Candidates should master the concepts and characteristics of wills and testamentary inheritance, the applicable conditions for testamentary inheritance, the scope of testamentary heirs, the difference between testamentary inheritance and statutory inheritance, the conditions for the validity of a will, the methods of revocation and modification of a will, and the concepts of legacy and legacy support agreements. , characteristics and their differences from testamentary inheritance.

5. Handling of inheritance. It is necessary to understand the start time of inheritance and the scope of notification and the scope of inheritance, the principles and methods of division of inheritance, the scope of inheritance debts, the principles and methods of repayment of inheritance debts, the treatment of uninherited inheritance, and the "five protections" of inheritance. processing.

2. Difficulties in Civil Law Review

The main characteristics of Civil Law are that it is highly theoretical, systematic and has many knowledge points. As pointed out above, Civil Law The focus of the course is not just reflected in which chapters. It can be said that the knowledge points listed in the "Exam Guide" and "Exam Outline" are the focus of the exam. When reviewing, candidates must be accurate, comprehensive, and Go deep, only in this way can you successfully pass the exam. The so-called difficult points refer to the parts that candidates can understand intuitively and easily. They are knowledge points that candidates cannot grasp well during review and need to be thoroughly thought through and comprehensively analyzed. Of course, due to the different personal abilities of candidates, different people have different difficulties. Judging from our teaching experience, the following questions may be the difficulties that most candidates encounter when reviewing.

1. Adjustment principles of civil law. When reviewing this part of the content, candidates may feel that the content is relatively vague or simple. However, this issue is not only the focus that candidates should review, but also an issue that most candidates may have difficulty mastering. When reviewing the adjustment principles of civil law, candidates must not only understand the meaning of each principle, but also understand other systems in civil law, such as contract law and tort law.

2. Modifiable and revocable civil acts. Modifiable and revocable civil acts are different from invalid civil acts and civil acts whose validity is yet to be determined. Candidates should be able to accurately understand the differences between them. It should also be noted that the modifiable and revocable civil acts recognized in our country’s laws include not only the two categories recognized in the General Principles of Civil Law: civil acts caused by major misunderstandings and civil acts caused by obvious unfairness. Behaviors also include those recognized in Article 53 of the Contract Law in which one party uses fraud, coercion, or takes advantage of others' danger to cause the other party to enter into a contract against its true intention.

3. Apparent agency. Apparent agency is a special form of agency without authority. It refers to an agent without authority, beyond the authority of agency, or after the termination of agency authority. Civil acts performed in the name of the principal objectively cause the third party to An act of agency carried out in the belief that it has agency authority. The core of the apparent agency system is to make certain acts of unauthorized agency have the consequences of authorized agency. When reviewing this content, candidates should pay attention to understanding the conditions for apparent agency and the legal effect of apparent agency.

4. Comparison of property rights and debt rights. Property rights and creditor's rights are two basic types of property rights in civil law. They are closely related. Property rights are the basis for the establishment of creditor's rights and the result of the creditor's rights movement, but they are two completely different types of property rights. Candidates should be able to grasp their differences in terms of nature, scope of rights, object of rights, effectiveness of rights, occurrence of rights, and methods of protecting rights.

5. The power of ownership. The power of ownership refers to the various measures and means that the owner can take within the limits prescribed by law in order to realize his exclusive interest in the property. The power of ownership includes positive power and negative power. The positive power includes the right of possession, use, income and disposal. The negative power is the power to exclude the interference of others. One or more positive rights of ownership can be separated from the owner and form other property rights, but this does not lead to the elimination of ownership.

The core of ownership is the right to control. Candidates should be able to understand the power of ownership and the relationship between ownership.

6. Good faith acquisition system. Acquisition in good faith, also known as immediate acquisition, means that an possessor who has no right to dispose of another person's movable property illegally transfers the movable property of another person to a third party. If the transferee acted in good faith when acquiring the movable property, he or she acquires the movable property. Ownership of movable property. The original owner of the movable property may not require the transferee to return it. Acquisition in good faith is a method of original acquisition of ownership of movable property. The conditions that must be met to constitute an acquisition in good faith include requirements on the subject matter, requirements on the method of acquisition, and requirements on good faith. Candidates should pay special attention to the fact that the bona fide acquisition system only applies to movable property transactions.

7. The difference between liability for contractual fault and liability for breach of contract. Liability for contract fault and liability for breach of contract are two completely different types of liability systems. Liability for negligence in contracting is the liability for damages borne by one party to the other party due to its negligence at the time of contracting, resulting in the contract not being established, invalid or revoked. Liability for breach of contract is the legal liability that parties should bear according to law when they fail to perform the contract. Candidates should pay attention to the differences in their different constituent elements and different forms of liability. Especially in the case analysis questions, candidates should combine the facts of the case to determine whether it is an issue of liability for negligence in contracting or liability for breach of contract.

8. Validity of the contract. The validity of a contract is the most important content in contract law, and it is also a content that will inevitably be covered in the exam. The difficulty lies in: first, the relationship between the establishment and effectiveness of the contract. The establishment of a contract is the prerequisite for the effectiveness of the contract, but the effectiveness of the contract is not an inevitable result after the establishment of the contract. As long as the requirements for the establishment of a contract are met, the contract will be established. However, after the contract is established, whether the contract takes effect depends on whether the contract meets the requirements for the effectiveness of the contract. Second, the connections and differences between valid contracts, changeable and revocable contracts, contracts whose validity is yet to be determined, and invalid contracts. According to the effective conditions of the contract, the contract after its establishment is divided into valid contracts, changeable and revocable contracts, contracts whose validity is yet to be determined, and invalid contracts. Any contract that meets the conditions for the contract to take effect is a valid contract. On the contrary, depending on the specific circumstances, it is a revocable contract, a contract whose validity is pending, and an invalid contract. Candidates should especially accurately grasp the conditions for a contract to take effect, the circumstances of a changeable and revocable contract and a contract whose validity is yet to be determined, as well as their legal consequences.

9. Right of defense of uneasiness. The purpose of the system of right of unrest established by the law is to ensure the creditor's rights of the party that performs the debt first. It means that in a bilateral contract, when the party that should perform first discovers that the property condition of the party that performs later has deteriorated, etc., which may endanger its creditor's rights, it will The performing party has the right to refuse to perform its debts before performing its debts or providing guarantees. When candidates understand the right to defend against insecurity, they must perform the right of defense simultaneously and pay attention to the conditions for exercising the right to defend against insecurity.

10. Principles of contract law. The contract law sub-section involves many different contracts with a lot of content, which is generally difficult for candidates to grasp. When reviewing this part, candidates should have a clear understanding of the nature of various contracts, the requirements for their establishment and effectiveness, the rights and obligations of the parties, and the liability for breach of contract. For example, candidates generally have a relatively intuitive understanding of sales contracts, but when encountering some specific problems, they should have a clear understanding. Among them, such as the seller’s defect warranty liability. Defect warranty liability includes property defect warranty liability and rights defect warranty liability. Candidates should be clear about their specific meanings and performances. Another example is that my country's Contract Law distinguishes between different sales contracts. Their conditions for establishment and effectiveness, as well as the rights and obligations of the parties, may be different. Candidates should also be aware of these differences. Another example is the gift contract. When the gift contract takes effect and under what circumstances the donor can revoke the contract are issues that candidates should pay special attention to. In short, when reviewing, candidates should pay special attention to some special legal issues in various contracts on the basis of a general understanding of the concepts and characteristics of various contracts. These questions are suggested in the "Exam Guide" and "Exam Syllabus".

11. Subrogation and inheritance. Subrogation and transfer of inheritance are two special phenomena in inheritance. Subrogation refers to a legal system in which, when a child of the deceased dies before the deceased, the direct blood relatives of the deceased's children inherit the property and legal system of the deceased on behalf of the children who died earlier. The conditions for its establishment are: there must be two facts of death; the subrogated heir must be a direct blood relative of the descendant of the decedent's children; the subrogated heir must not have lost the right to inherit; it is only applicable to statutory inheritance, not testamentary inheritance.

Transfer of inheritance refers to the legal system in which after the death of the decedent and before the division of the inheritance, the heir who has not given up the inheritance rights also dies, and his share of the inheritance is transferred to his heirs. The conditions for its establishment are: there must be two facts of death; when the heir dies, the inheritance of the deceased has not been divided; the heir must have neither lost the right to inherit nor given up the right to inherit. When reviewing this content, candidates must distinguish the relationship between different subjects and the different conditions applicable to each system.

12. General torts and special tort liability. The so-called specialness of special tort liability lies in the particularity of its constituent elements. Candidates must not only master the constituent elements of general tort liability, but also accurately grasp the constituent elements of various special tort liability. For example, civil liability for injuries caused by animals to people is a no-fault liability, and its constituent elements are: the fact that raising animals hurts people; the objective existence of the fact of damage; and the causal relationship between the animal's harm and the consequences of the damage. At the same time, candidates must also understand the reasons for exemption from this kind of liability, that is, if the infringer can prove that the damage caused by the animal was caused by the fault of the victim, or prove that the damage caused by the animal was caused by the fault of a third party, the raising of the animal Persons and managers may not bear civil liability.

3. Common mistakes in the civil law examination

Generally speaking, the common mistakes in the civil law examination are mainly the distinction between some easily confused legal concepts and the connection between some understanding of the legal system. When reviewing, candidates should be good at comparing related concepts or systems, and through comprehensive analysis, they should deeply understand the meaning of relevant concepts and systems. Below are the common mistakes candidates make during the exam.

1. Civil legal acts and civil acts. These two concepts are related to each other and different from each other. Candidates should note that civil legal acts are only one type of civil acts and are legal acts; civil acts include not only civil legal acts (legal acts), but also invalid civil acts, changeable, revocable civil acts and civil acts whose validity is yet to be determined (undetermined civil acts). legal civil conduct).

2. Valid conditions for civil legal acts. The valid conditions for a civil legal act include that the actor is qualified, the actor’s intention is true, the content of the act is legal, and the form of the act is legal. However, the lack of these conditions does not mean that the act is invalid. It may also be a changeable or revocable civil act or a civil act whose validity is yet to be determined. When reviewing this content, candidates can understand it in conjunction with the relevant provisions of the Contract Law.

3. Civil legal acts with conditions and time limits. Civil legal acts with conditions and time limits are not acts that become effective when the conditions are met and the time limit arrives. The attached conditions may be effective conditions or rescission conditions; the attached period may be effective period or termination period. Candidates should judge the nature of the condition or deadline based on the actual situation.

4. Agents and representatives. An agent is different from a representative of a legal person. The representative is determined according to the law. He is an integral part of the legal person, and the meaning he expresses is the meaning of the legal person. The agent and the principal are two different legal subjects. The generation of agency power is based on authorization or law. regulations.

5. The difference between the statute of limitations and the expulsion period. The statute of limitations and the expulsion period are two completely different concepts in law. Their legal consequences, periods, applicable basis, applicable conditions, and starting time are different. Candidates should pay attention to understand their differences, and be able to distinguish which are the statute of limitations and which are the expulsion period based on legal provisions.

6. Suspension, interruption and extension of the statute of limitations. The suspension, interruption and extension of the statute of limitations have different legal meanings, and candidates must accurately understand their different concepts and different applicable conditions.

7. Offer and invitation to treat. An offer and an invitation to treat are different. An offer is an expression of intention by one party to the other party that it hopes to enter into a contract with the other party. An invitation to treat is an expression of intention made by a party to others in the hope that the other party will make an offer to the party. When specifically analyzing whether an expression of intention is an offer or an invitation to treat, one should look at whether the expression of intention is addressed to a specific person, whether the person expressing the intention has the purpose of contracting, and whether the content of the expression of intention is specifically determined, etc.

8. Personality rights and identity rights. Personality rights and identity rights are collectively called personal rights, and they have different meanings.

Personality rights are civil rights that citizens and legal persons enjoy as civil subjects and their personality is not infringed upon, while identity rights are civil rights that arise from citizens and legal persons based on certain behaviors or relationships between them. Candidates must not only understand their different meanings, but also know the different types they include. For example, whether the right to honor is a personality right or an identity right is an issue that candidates should pay attention to.

9. The subject of copyright. It is generally understood that the subject of copyright includes the author, but it is easy to overlook that the subject of copyright also includes people other than the author. However, in order for people other than the author to become the subject of copyright, they must meet certain conditions, and candidates must accurately grasp these conditions. For example, for professional works, under normal circumstances, the copyright of professional works is not enjoyed by legal persons or non-legal entities. Only in two cases, except for the author's right of signature, other rights of the copyright are enjoyed by legal persons or non-legal entities. These two situations include: first, professional works such as engineering designs, product design drawings and their descriptions, computer software, maps, etc. that are created using the material and technical conditions of a legal person or unincorporated unit and for which the legal person or unincorporated unit is responsible; second, Works for which the copyright is owned by legal persons or non-legal entities as stipulated in laws, administrative regulations or contracts.

10. Will and legacy support agreement. Wills and legacy support agreements are relatively similar, but they are two types of acts that are completely different in nature. Their differences are as follows: first, a will is a unilateral civil legal act, and a legacy and support agreement is a legal act by both parties; second, a will is a legal act that takes effect after death, and a legacy and support agreement takes effect when it is established; third, a will is A gratuitous legal act, a legacy and support agreement is a paid legal act for both parties; fourth, the effectiveness of the legacy and support agreement takes precedence over the validity of the will. When the content of the will conflicts with the legacy and support agreement, the will is invalid; fifth, the testamentary heir The scope is limited to legal heirs. The caregiver in the legacy support agreement can be a citizen or a collective ownership organization, and there is no legal support relationship with the legatee.

11. The relationship between agency and commission contract. The entrustment contract is a content stipulated in the Contract Law, but it is closely related to the agency system in the General Section of the Civil Law. When reviewing, candidates should combine the content of these two parts, analyze and compare, and clarify the relationship between agency and entrustment contracts. It is particularly important to note that the granting of agency power is a unilateral legal act. As long as there is an authorized act by one party, the agency power is generated, and the agency power may also be generated based on legal provisions. An entrustment contract is a legal act between both parties, and can only be established if both parties have consistent consciousness. Agency rights may arise under an agency contract, but the rights of the trustee are not necessarily agency rights. What the trustee obtains according to the entrustment contract is the right to handle entrusted affairs. The behavior of handling entrusted affairs includes legal acts and non-legal acts, while agency acts can only be legal acts.