What principles should be followed in handling personal information according to Article 1035 of the Civil Code?

Financial industry is closely related to civil and commercial law. The relevant provisions in the Civil Code such as Property Law and Contract Law, as well as the civil and commercial law foundation in the financial system, will have different degrees of influence on the actual operation of the financial industry.

1. Changes in terms of mortgagor's transfer of mortgaged property

Article 406 of the Book of Property Rights stipulates that the mortgagor may transfer the mortgaged property during the mortgage period. Unless otherwise agreed by the parties, if the mortgaged property is transferred, the mortgage right will not be affected. This means that if there is no agreement between the two parties to restrict the mortgagor's disposal of the mortgaged property, even without the consent of the mortgagee, the effect of property right change can occur.

The above provisions subvert the mandatory rules in the current property law prohibiting transfer without the consent of the mortgagee. Although the mortgage of unsecured property still exists, its enforcement is greatly reduced.

Therefore, financial activities that rely too much on mortgage in the financial industry may need to rearrange their financing terms to ensure the security of creditor's rights.

2. Presumption on the change of guarantee method

Article 686 of the contract stipulates that the guarantee methods include general guarantee and joint liability guarantee.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

According to Article 19 of the Guarantee Law in force, if the parties have not agreed on the guarantee method or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee method.

There is a great difference between these two ways of guarantee. When the debtor fails to perform the debt, the creditor can directly ask the joint guarantor to bear the guarantee responsibility, while the creditor can only ask the general guarantor to bear the guarantee responsibility after the debtor's property cannot be executed by the court.

Although these two changes are embodied in different chapters of the Civil Code, their legal spirit is relatively consistent. These two new changes mean that the law is lenient in protecting the interests of mortgagor and creditor. Therefore, in the financial industry, financial activities that relied too much on mortgage loans and co-guarantors in the past will have to modify the rules to adapt to the application of the new law.

3. Increase the "right of residence" system.

Article 366 of the Book of Property Rights stipulates: According to the contract, in order to meet the needs of living and living, you have the usufructuary right to occupy and use other people's houses. Article 368 stipulates that the right of residence shall be established free of charge and at the time of registration, and shall not be transferred or inherited. The residence where the right of abode is established shall not be leased, and the right of abode shall be extinguished when the right of abode expires or the obligee dies. Establishing the right of residence requires two conditions:

(1), agreed in writing by both parties, generally including living conditions, requirements and time limit;

(2) You need to register with the Housing Authority. Without registration, there is no right of residence.

The establishment of residence right is based on the protection of housing ownership of vulnerable groups. In fact, the law should further clarify the subject of rights.

Take the financial loan contract as an example, large loans need to provide collateral. Because the property has the characteristics of stability and value preservation, it is relatively easy to obtain loans successfully.

When the borrower fails to repay the debt on time, the bank will auction the mortgaged property to pay off the debt.

If the owner of the house maliciously uses the right of residence clause at this time and registers the right of residence in written form according to the law, it will inevitably lead to the reduction or loss of the circulation value of the mortgaged property and harm the interests of creditors.

Once recovered, it will seriously affect the interests of financial institutions or other creditors. In work and life, if you encounter problems related to housing or residence, such as handling real estate mortgage, transaction, etc., in order to avoid being unable to deliver, you should go to the real estate registration center in time to find out whether to set the right of residence.

4, husband and wife * * * debt * * signature

The Civil Code changed the marriage law into the marriage and family law, and in the chapter "Husband and wife relationship", the disputed debts of husband and wife were clearly defined. The draft civil code has absorbed the effective practices of the current judicial interpretation, stipulating that the debts incurred by both husband and wife, such as those signed by each other or ratified by one party afterwards, and those incurred by one party in his own name for the daily needs of the family, are owned by the husband and wife.

In other words, when the creditor asks the spouse who has not signed the agreement to bear the responsibility, it should prove that the loan is used for the daily needs of the family, which increases the burden of proof of the creditor.

5. Personal information protection

In terms of personal information protection, Article 1035 of the Civil Code stipulates that the personal information of natural persons is protected by law.

Some time ago, talk show actor Ikechi (whose real name is "Wang Yuechi") made a statement in Weibo on May 6, claiming that CITIC Bank Shanghai Hongkou Branch had given the details of its personal account transactions in the past two years to the third party that had an economic dispute with it-Shanghai Xiaoguo Culture Media Co., Ltd., which violated its personal privacy. Chizi issued a lawyer's letter, demanding that CITIC Bank and Xiaoguo Culture compensate for the losses and publicly apologize. This incident has aroused widespread concern.

CITIC Bank issued an apology letter the next morning, indicating that the personnel involved had been dealt with, and the Shanghai Banking Insurance Regulatory Bureau intervened and initiated the investigation procedure for CITIC Bank.

The personality right of Civil Code stipulates the concept scope, rights content and protection methods of personal information. Under no circumstances shall personal information be sent to or shared with a third party without the consent of the right holder.

For example, name, ID number, address, work unit, income and financial status are all personal information stipulated by law, and the Civil Code emphasizes strengthening its protection with a very clear attitude.

Therefore, as financial institutions, we should enhance safety awareness, strengthen the protection of personal financial information, and improve customer trust and satisfaction.

6. Explicitly prohibit high-interest lending.

Online lending has become conventional lending, and cash lending has become usury. Many chaos in the field of private lending has not only affected the normal financial order, but also brought serious hidden dangers to economic and social stability.

The contract clearly stipulates that high-interest lending is prohibited and the loan interest rate shall not violate the relevant provisions of the state.

This is also the first time that China has explicitly banned usury at the legislative level of the National People's Congress, which shows that the state is increasingly punishing high-interest lending.

The prohibition of usury is also to encourage people to put more money into the real economy. As a financial institution, it is necessary to continuously improve financial services, effectively meet financing needs, and increase credit fund support for the real economy.

Civil Code is the basic legal system of financial system, which affects the whole financial market activities and financial supervision framework. On the one hand, the Civil Code ensures that participants in financial activities carry out various financial activities under the premise of autonomy of will, on the other hand, it also gives guiding provisions to the actual operation of the financial industry to a certain extent and regulates financial activities.

Civil Code is the basic legal system of financial system, which affects the whole financial market activities and financial supervision framework.

On the one hand, the Civil Code ensures that participants in financial activities carry out various financial activities on the premise of autonomy of will;

On the other hand, it also provides guiding regulations for the actual operation of the financial industry to a certain extent, and regulates financial activities.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 406 During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected.

Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

The forms of suretyship include general suretyship and joint liability suretyship.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

Article 366 The right holder of a residence has the right to enjoy the usufructuary right to occupy or use another person's residence in accordance with the agreement, so as to meet the needs of residence and life.

Article 1035 The handling of personal information shall follow the principles of legality, justice and necessity, and shall not be over-handled, and meet the following conditions:

(1) Obtaining the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;

(2) Rules for publicly handling information;

(3) Clearly explain the purpose, mode and scope of information processing;

(four) does not violate the provisions of laws and administrative regulations and the agreement between the two parties.

The processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information.