The genesis and role of custom in China’s General Provisions of Civil Law (Geneza i rola zwyczaju w nowej Części Ogólnej Kodeksu Cywilnego Chińskiej Republiki Ludowej)

China’s new General Provisions of Civil Law entered into force in March 2017. It represents the first section of the new Civil Code of the PRC announced for 2020. Article 10 of the Code restores custom as a source of Chinese civil law. However, the rules and limits of its application remain unclear. Firstly, an analysis of the history of Chinese civil law may prove useful in interpreting this provision, as in the past custom was defined as a source of law in Article 1 of the Civil Code of the Republic of China from 1930 and numerous judicial decisions regarding civil disputes involving customs have survived from that time. Secondly, it is worth looking at the methods of interpreting law used by Chinese judges. To facilitate a better understanding of the phenomenon of using customs as a source of law in civil law countries, it is necessary to look at their place within the Polish legal system. This also helps to highlight the similarities and differences between Polish and Chinese law in this regard.