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General Principles of Civil Law of the People's Republic of China

General Principles of Civil Law of the People's Republic of China

(1986年4月12日第六届全国人民代表大会第四次会议通过 1986年4月12日中华人民共和国主席令第三十七号公布 根2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》修正)

Contents

Chapter XNUMX Basic Principles

Chapter II Citizens (Natural Persons)

Section XNUMX Capacity for Civil Rights and Capacity for Civil Conduct

Section XNUMX Guardianship

Section XNUMX Declaration of Missing and Declaration of Death

Section XNUMX Individual industrial and commercial households and rural contracted business households

Section XNUMX Personal Partnership

Chapter III Legal Person

Section XNUMX General Provisions

Section XNUMX Enterprise Legal Person

Section XNUMX Organs, Institutions and Social Organizations as Legal Persons

Section XNUMX Joint Venture

Chapter IV Civil Legal Actions and Representation

Section XNUMX Civil Legal Acts

Section XNUMX Agency

Chapter V Civil Rights

Section XNUMX Property Ownership and Property Rights Related to Property Ownership

Section XNUMX Claims

Section XNUMX Intellectual Property

Section XNUMX Personal Rights

Chapter VI Civil Liability

Section XNUMX General Provisions

Section XNUMX Civil Liability for Breach of Contract

Section XNUMX Civil Liability for Tort

Section XNUMX Ways of Bearing Civil Liability

Chapter VII Statute of Limitations

Chapter VIII Legal Application of Foreign-related Civil Relations

Chapter IX Supplementary Provisions

Chapter XNUMX Basic Principles

Article XNUMX In order to protect the legitimate civil rights and interests of citizens and legal persons, correctly adjust civil relations, and meet the needs of the development of the cause of socialist modernization, this Law is formulated in accordance with the Constitution and the actual situation of our country, summarizing the practical experience of civil activities.

Article XNUMX The Civil Law of the People's Republic of China regulates the property relations and personal relations among equal subjects among citizens, among legal persons, and between citizens and legal persons.

Article XNUMX The parties have equal status in civil activities.

Article XNUMX Civil activities shall follow the principles of voluntariness, fairness, compensation of equal value, and good faith.

Article XNUMX The legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be violated by any organization or individual.

Article XNUMX Civil activities must abide by the law. If the law does not provide for it, the state policy shall be followed.

Article XNUMX Civil activities shall respect social morality, and shall not harm social and public interests or disrupt social and economic order.

Article XNUMX Civil activities within the territory of the People's Republic of China shall be governed by the laws of the People's Republic of China, unless otherwise provided by the law.The provisions of this Law on citizens shall apply to foreigners and stateless persons within the territory of the People's Republic of China, unless otherwise provided by law.

Chapter II Citizens (Natural Persons)

Section XNUMX Capacity for Civil Rights and Capacity for Civil Conduct

Article XNUMX From the time of birth to the time of death, citizens have the capacity for civil rights, enjoy civil rights and assume civil obligations in accordance with the law.

Article XNUMX Citizens shall have equal capacity for civil rights.

Article XNUMX Citizens over the age of XNUMX are adults, have full capacity for civil conduct, can independently conduct civil activities, and are persons with full capacity for civil conduct.Citizens over the age of XNUMX but under the age of XNUMX, who rely on their own labor income as their main source of living, shall be regarded as persons with full capacity for civil conduct.

Article XNUMX A minor over the age of ten is a person with limited capacity for civil conduct, and may carry out civil activities commensurate with his age and intelligence; other civil activities shall be represented by his legal representative, or by obtaining his legal representative. people's consent.A minor under the age of ten is a person without capacity for civil conduct, and his legal representative shall represent him in civil activities.

Article XNUMX A mental patient who cannot identify his own behavior is a person without capacity for civil conduct, and his legal representative shall represent him in civil activities.A mental patient who cannot fully recognize his own behavior is a person with limited capacity for civil conduct, and can carry out civil activities that are compatible with his mental health; other civil activities are represented by his legal representative, or with the consent of his legal representative .

Article XNUMX The guardian of a person without capacity for civil conduct or a person with limited capacity for civil conduct is his legal representative.

Article XNUMX A citizen takes the place of residence where his household registration is located as his domicile. If the place of habitual residence is inconsistent with his domicile, the place of habitual residence shall be regarded as his domicile.

Section XNUMX Guardianship

Article XNUMX The parents of a minor are the guardians of the minor.If the parents of the minor are deceased or have no guardianship ability, the following persons with guardianship ability shall serve as guardians: (XNUMX) grandparents, maternal grandparents; (XNUMX) older brothers and sisters; (XNUMX) other close relatives and friends Those who are willing to assume guardianship responsibility are approved by the unit where the minor's parents belong, or the residents' committee or villagers' committee of the place where the minor lives.If there is a dispute over the role of guardian, the unit to which the minor's parents belong, or the neighborhood committee or village committee of the place where the minor lives, shall designate it among the close relatives.If a lawsuit is filed against the designation, it shall be adjudicated by the people's court.If there is no guardian as specified in the first and second paragraphs, the unit to which the minor's parents belong, or the neighborhood committee, villagers committee or civil affairs department of the place where the minor resides shall serve as the guardian.

Article XNUMX A mental patient with no capacity for civil conduct or limited capacity for civil conduct shall be the guardian of the following persons: (XNUMX) spouse; (XNUMX) parents; (XNUMX) adult children; (XNUMX) other close relatives; (XNUMX) relationship Other close relatives and friends are willing to assume guardianship responsibility, with the consent of the mental patient's unit or the residents' committee or village committee of the place where he/she lives.If there is a dispute over the role of guardian, the mental patient's unit or the neighborhood committee or village committee of the place where he/she resides shall appoint him among his close relatives.If a lawsuit is filed against the designation, it shall be adjudicated by the people's court.If there is no guardian as specified in the first paragraph, the mental patient's unit or the residents' committee, villagers' committee or civil affairs department of the place where the mental patient is located shall serve as the guardian.

Article XNUMX A guardian shall perform guardianship duties, protect the person, property and other legitimate rights and interests of the ward, and shall not dispose of the ward's property except for the benefit of the ward.Guardians perform guardianship rights in accordance with the law and are protected by law.If the guardian fails to perform guardianship duties or infringes upon the legal rights and interests of the ward, he shall bear the responsibility; if the ward causes property damage, he shall compensate for the loss.The people's court may revoke the guardian's qualifications according to the application of the relevant persons or relevant units.

Article XNUMX The interested parties of a mentally ill person may apply to the people's court to declare the mentally ill person as a person with no capacity for civil conduct or a person with limited capacity for civil conduct.If the people's court declares a person with no capacity for civil conduct or a person with limited capacity for civil conduct, the people's court may declare him a person with limited capacity for civil conduct or a person with full capacity for civil conduct based on the state of his health recovery and upon the application of the person or an interested party .

Section XNUMX Declaration of Missing and Declaration of Death

Article XNUMX Where a citizen's whereabouts are unknown for two years, the interested party may apply to the people's court to declare him a missing person.For those whose whereabouts are unknown during the war, the time when their whereabouts are unknown shall be counted from the end of the war.

Article XNUMX The property of the missing person shall be managed by his spouse, parents, adult children or other close relatives and friends.If there is a dispute over the custody, and there is no person specified above or the person specified above is incapable of hosting the custody, the person designated by the people's court shall be responsible for custody.Taxes, debts and other fees due by the missing person are paid by the custodian from the property of the missing person.

Article XNUMX The person declared missing reappears or his whereabouts are confirmed, and upon the application of the person or the interested person, the people's court shall revoke the declaration of his disappearance.

Article XNUMX If a citizen falls under any of the following circumstances, an interested party may apply to the people's court to declare him dead: (XNUMX) where his whereabouts are unknown for four years; (XNUMX) his whereabouts are unknown due to an accident, from the date of the accident two years.For those whose whereabouts are unknown during the war, the time when their whereabouts are unknown shall be counted from the end of the war.

Article XNUMX If the person declared dead reappears or it is confirmed that he is not dead, the people's court shall revoke his declaration of death upon the application of the person or an interested party.The civil juristic acts performed by a person with capacity for civil conduct during the period of being declared dead are valid.

Article XNUMX The person whose death declaration has been revoked has the right to request the return of the property.A citizen or organization that acquires his property in accordance with the inheritance law shall return the original; if the original does not exist, appropriate compensation shall be given.

Section XNUMX Individual industrial and commercial households and rural contracted business households

Article XNUMX Citizens who have been approved and registered in accordance with the law to engage in industrial and commercial operations within the scope permitted by law are self-employed industrial and commercial households.Individual industrial and commercial households can start a font size.

Article XNUMX Members of rural collective economic organizations who, within the scope permitted by law, engage in commodity business in accordance with the provisions of the contract, are rural contract business households.

Article XNUMX The legitimate rights and interests of individual industrial and commercial households and rural contracting households shall be protected by law.

Article XNUMX The debts of self-employed industrial and commercial households and rural contracted business households shall be borne by personal property if they are operated by individuals; and by family property if they are operated by families.

Section XNUMX Personal Partnership

Article XNUMX Individual partnership means that two or more citizens, in accordance with the agreement, each provide funds, materials, technology, etc., to operate in partnership and work together.

Article XNUMX The partners shall enter into a written agreement on matters such as the amount of capital contribution, distribution of surplus, undertaking of debts, entry into partnership, withdrawal from partnership, and termination of partnership.

Article XNUMX The property invested by the partners shall be managed and used uniformly by the partners.The property accumulated by the partnership shall be jointly owned by the partners.

Article XNUMX An individual partnership may have a trade name, be approved and registered in accordance with the law, and engage in business operations within the approved and registered business scope.

Article XNUMX The business activities of an individual partnership shall be jointly decided by the partners, who have the right to execute and supervise.Partners can nominate a person in charge.For the business activities of the person in charge of the partnership and other personnel, all partners shall bear civil liability.

Article XNUMX The debts of a partnership shall be paid off by the partners with their respective properties in accordance with the proportion of their capital contributions or as agreed in the agreement.The partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law.A partner who repays the partnership debt exceeding the amount he should bear.The right to recover compensation from other partners.

Chapter III Legal Person

Section XNUMX General Provisions

Article XNUMX A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law.The capacity for civil rights and civil conduct of a legal person arises from the establishment of the legal person and disappears when the legal person terminates.

Article XNUMX A legal person shall meet the following conditions: (XNUMX) Established in accordance with the law; (XNUMX) Having necessary property or funds; (XNUMX) Having its own name, organization and place; (XNUMX) Being able to independently assume civil liabilities.

Article XNUMX According to the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person.

Article XNUMX A legal person shall take its main office as its domicile.

Article XNUMX When a legal person terminates, liquidation shall be carried out according to law, and activities outside the scope of liquidation shall be stopped.

Section XNUMX Enterprise Legal Person

Article XNUMX: Enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the state regulations, have organizational charters, organizational structures and venues, can independently assume civil liabilities, and have been approved and registered by the competent authority to obtain legal person status.Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China, if they meet the qualifications for a legal person, shall be approved and registered by the administration for industry and commerce in accordance with the law to obtain the status of a Chinese legal person.

Article XNUMX An enterprise legal person shall engage in business operations within the approved and registered business scope.

Article XNUMX An enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff members.

Article XNUMX The division or merger of an enterprise as a legal person or the modification of other important matters shall be registered with the registration authority and announced.When an enterprise legal person is divided or merged, its rights and obligations shall be enjoyed and undertaken by the changed legal person.

Article XNUMX An enterprise legal person shall be terminated due to one of the following reasons: (XNUMX) revoked according to law; (XNUMX) dissolution; (XNUMX) declared bankrupt according to law; (XNUMX) other reasons.

Article XNUMX When an enterprise legal person terminates, it shall go to the registration authority for cancellation of registration and make an announcement.

Article XNUMX When an enterprise legal person is dissolved, a liquidation organization shall be established to conduct liquidation.Where an enterprise legal person is revoked or declared bankrupt, the competent authority or the people's court shall organize the relevant authorities and relevant personnel to establish a liquidation organization to conduct liquidation.

Article XNUMX An enterprise legal person owned by the whole people shall bear civil liability with the property authorized by the state to operate and manage.The legal person of a collectively-owned enterprise shall bear civil liability with the property owned by the enterprise.The legal person of a Sino-foreign joint venture, a Sino-foreign contractual joint venture and a foreign-funded enterprise shall bear civil liability with the property owned by the enterprise, unless otherwise stipulated by law.

Article XNUMX If an enterprise legal person falls under any of the following circumstances, in addition to the legal person's responsibility, the legal representative may be given administrative sanctions and fines, and if a crime is constituted, criminal responsibility shall be investigated according to law: (XNUMX) Concealing the real situation from the registration authority and tax authority, or making false statements; (XNUMX) Withdrawing funds or hiding property to avoid debts; (XNUMX) Disposing of property without authorization after being dissolved, revoked, or declared bankrupt (XNUMX) Failing to apply for registration and announcement in a timely manner when changing or terminating, causing the interested parties to suffer heavy losses; (XNUMX) Engaging in other activities prohibited by law and harming the interests of the state or the public.

Section XNUMX Organs, Institutions and Social Organizations as Legal Persons

Article XNUMX An organ with independent funds shall have the status of a legal person from the date of its establishment.Institutions and social groups that meet the requirements of legal person and do not need to go through legal person registration according to law shall have legal person status from the date of establishment;

Section XNUMX Joint Venture

Article XNUMX If a new economic entity is formed through joint operation between enterprises or between enterprises and institutions, which independently assumes civil liability and meets the requirements for a legal person, it shall be approved and registered by the competent authority to obtain the status of a legal person.

Article XNUMX In case of joint operation between enterprises or between enterprises and institutions, if the joint operation does not meet the requirements of being a legal person, the parties to the joint operation shall, according to the proportion of capital contribution or the agreement in the agreement, bear civil liability with the property owned or managed by themselves. .Those who are jointly and severally liable in accordance with the provisions of the law or the stipulations of the agreement shall bear joint and several liability.

Article XNUMX If enterprises or enterprises and institutions are jointly operated and operate independently in accordance with the contract, their rights and obligations are stipulated in the contract, and they each bear civil liability.

Chapter IV Civil Legal Actions and Representation

Section XNUMX Civil Legal Acts

Article XNUMX Civil legal acts are legal acts by citizens or legal persons to establish, alter or terminate civil rights and obligations.

Article XNUMX A civil juristic act shall meet the following conditions: (XNUMX) The perpetrator has the corresponding capacity for civil conduct; (XNUMX) The intention is true; (XNUMX) It does not violate the law or public interests.

Article XNUMX Civil legal acts may take written, oral or other forms.If the law stipulates that a specific form should be used, it shall be in accordance with the law.

Article XNUMX A civil juristic act is legally binding from the time of its establishment.The perpetrator shall not modify or cancel it without authorization unless it is stipulated by law or with the consent of the other party.

Article XNUMX The following civil acts are invalid: (XNUMX) Those who have no capacity for civil conducts; (XNUMX) Those with limited capacity for civil conducts cannot independently perform them according to law; (XNUMX) One party uses fraud, coercion, or taking advantage of others' dangers to make the other party Acting against the true intentions; (XNUMX) Malicious collusion, damaging the interests of the state, the collective or a third party; (XNUMX) Violating the law or public interests;

┌────────────────────┐│(2009) The economic contract violates the state’s mandatory plan; ──────────────┘ (8) Covering up illegal purposes in a legal form.An invalid civil act is not legally binding from the beginning of the act.

Article XNUMX For the following civil acts, one party has the right to request the people's court or arbitration agency to modify or revoke: (XNUMX) The perpetrator has a major misunderstanding of the content of the act; (XNUMX) It is obviously unfair.A revoked civil act is invalid from the beginning of the act.

Article XNUMX If a part of a civil act is invalid and does not affect the validity of other parts, the other parts are still valid.

Article XNUMX After a civil act is confirmed to be invalid or revoked, the property acquired by the party due to the act shall be returned to the party who suffered the loss.The party at fault shall compensate the other party for the losses suffered as a result, and if both parties are at fault, they shall each bear corresponding responsibilities.If the two parties maliciously collude and carry out civil acts that damage the interests of the state, the collective or a third party, the property acquired by both parties shall be recovered, returned to the state, collectively owned or returned to the third party.

Article XNUMX A civil juristic act may attach conditions, and a conditional civil juristic act will take effect when the attached conditions are met.

Section XNUMX Agency

Article XNUMX Citizens and legal persons may carry out civil legal acts through agents.The agent, within the authority of the agent, carries out civil legal acts in the name of the principal.The principal shall bear civil liability for the agent's act of agency.According to the provisions of the law or according to the agreement between the parties, the civil legal acts that should be carried out by the person shall not be represented.

Article XNUMX Agency includes entrusted agency, legal agency and designated agency.The entrusted agent exercises the power of agency in accordance with the entrustment of the principal, the statutory agent exercises the power of agency in accordance with the provisions of the law, and the designated agent exercises the power of agency in accordance with the designation of the people's court or the designated unit.

Article XNUMX The entrustment of civil juristic acts may be in written form or oral form.If the law stipulates that it be in writing, it shall be in writing.A written power of attorney for entrusting an agent shall specify the agent's name, agency matters, authority and period, and shall be signed or sealed by the principal.If the power of attorney is unclear, the principal shall bear civil liability to the third party, and the agent shall be jointly and severally liable.

Article XNUMX For acts without the power of agency, beyond the power of agency, or after the power of agency is terminated, the principal shall bear civil liability only after the principal's ratification.For acts that are not ratified, the perpetrator shall bear civil liability.If I know that another person is carrying out a civil act in my name without expressing denial, it shall be deemed as consent.If the agent fails to perform his duties and causes damage to the principal, he shall bear civil liability.If the agent and the third party collude and damage the interests of the principal, the agent and the third party shall be jointly and severally liable.If the third party knows that the actor has no power of agency, exceeds the power of agency, or has terminated the power of agency, and the conduct of the civil act with the actor causes damage to others, the third party and the actor shall be jointly and severally liable.

Article XNUMX If the agent knows that the matter entrusted to represent is illegal and still conducts agency activities, or if the principal knows that the agent's agency behavior is illegal and does not object, the principal and the agent shall be jointly and severally liable.

Article XNUMX Where an entrusted agent needs to be entrusted to another person as an agent for the benefit of the principal, the consent of the principal shall be obtained in advance.If the consent of the principal is not obtained in advance, the principal shall be informed in a timely manner afterwards. If the principal does not agree, the agent shall bear civil liability for the actions of the person to whom he has delegated, but in an emergency, in order to protect the principal. Except for the transfer of the interests of others to the agency of others.

Article XNUMX Under any of the following circumstances, the entrusted agency shall be terminated: (XNUMX) The agency period expires or the agency affairs are completed; (XNUMX) The agent cancels the entrustment or the agent resigns; (XNUMX) The agent dies; (XNUMX) ) The agent loses the capacity for civil conduct; (XNUMX) The legal person acting as the principal or agent is terminated.

Article XNUMX In any of the following circumstances, the statutory agency or designated agency shall terminate. (XNUMX) The principal obtains or recovers the capacity for civil conduct; (XNUMX) The principal or the agent dies; (XNUMX) The agent loses the capacity for civil conduct; (XNUMX) The people's court or the designated unit that appointed the agent cancels the designation; (XNUMX) ) the custody relationship between the principal and the agent is extinguished due to other reasons.

Chapter V Civil Rights

Section XNUMX Property Ownership and Property Rights Related to Property Ownership

Article XNUMX Property ownership refers to the right of the owner to possess, use, benefit from and dispose of his property according to law.

Article XNUMX The acquisition of property ownership shall not violate legal provisions.Where property is acquired in accordance with a contract or other legal means, the ownership of the property shall be transferred from the time of delivery of the property, unless otherwise provided by law or otherwise agreed by the parties.

Article XNUMX State property belongs to the whole people.State property is sacred and inviolable, and any organization or individual is prohibited from occupying, looting, privately dividing, withholding or destroying it.

Article XNUMX The property of collective organizations of the working masses is collectively owned by the working masses, including: (XNUMX) Land and forests, mountains, grasslands, wasteland, tidal flats, etc., which are collectively owned by law; (XNUMX) The property of collective economic organizations; (XNUMX) collectively-owned buildings, reservoirs, farmland water conservancy facilities and educational, scientific, cultural, health, sports and other facilities; (XNUMX) other collectively-owned properties.Collectively-owned land is collectively owned by village farmers in accordance with the law, and is operated and managed by village agricultural production cooperatives and other agricultural collective economic organizations or villagers' committees.Those already owned by the township (town) peasant collective economic organization may belong to the township (town) peasant collective.Collectively-owned property is protected by law, and any organization or individual is prohibited from occupying, looting, privately dividing, destroying, or illegally sealing up, seizing, freezing, or confiscation.

Article XNUMX Citizens' personal property includes citizens' legal income, houses, savings, daily necessities, cultural relics, books, trees, livestock, means of production and other legal properties permitted by law to be owned by citizens.The lawful property of citizens is protected by law, and any organization or individual is prohibited from occupying, looting, destroying, or illegally sealing up, seizing, freezing or confiscation.

Article XNUMX Citizens shall enjoy the right to inherit property according to law.

Article XNUMX The legal property of social groups, including religious groups, shall be protected by law.

Article XNUMX Property may be jointly owned by two or more citizens and legal persons.Co-ownership is divided into co-ownership by shares and co-ownership.The co-owners share the rights and obligations in the co-owned property according to their respective shares.The co-owners have rights and assume obligations to the co-owned property.Each co-owner of common property by shares has the right to demand that his share be divided or transferred.However, at the time of sale, other co-owners have the right to purchase first under the same conditions.

Article XNUMX Buried objects and hidden objects whose owners are unknown shall be owned by the state.The receiving unit shall give praise or material rewards to the unit or individual who turned it over.Those who find lost objects, drift objects or lost livestock shall be returned to the owner, and the expenses incurred shall be reimbursed by the owner.

Article XNUMX Land owned by the state may be used by units under the ownership of the whole people according to law, or may be used by units under collective ownership according to law.The right of citizens and collectives to contract and manage land collectively owned or owned by the state in accordance with the law shall be protected by law.The rights and obligations of both parties to the contract shall be stipulated by the contract in accordance with the law.Land may not be sold, leased, mortgaged or illegally transferred in other forms.

Article XNUMX Natural resources such as forests, mountains, grasslands, wasteland, tidal flats, and water surfaces owned by the state may be used by units owned by the whole people according to law, or may be used by units owned by collectives according to law. The state protects the rights to use and benefit from them ; The user unit has the obligation to manage, protect and reasonably utilize.Minerals owned by the state may be mined by units owned by the whole people and by collectives according to law, or by citizens according to law.The state protects legal mining rights.The rights of citizens and collectives to contract and manage forests, mountains, grasslands, wasteland, tidal flats and water surfaces that are collectively owned or collectively used by the state shall be protected by law.The rights and obligations of both parties to the contract shall be stipulated by the contract in accordance with the law.State-owned minerals, water flow, state-owned and collectively-owned forest land, mountains, grasslands, wasteland, and tidal flats may not be traded, leased, mortgaged or illegally transferred in other forms.

Article XNUMX An enterprise under the ownership of the whole people shall have the right to operate the property authorized by the state to operate and manage, and shall be protected by law.

Article XNUMX Adjacent parties of immovable property shall, in accordance with the spirit of favorable production, convenient living, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in water interception, drainage, passage, ventilation, lighting, etc.If any obstruction or loss is caused to the adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

Section XNUMX Claims

Article XNUMX A debt is a specific relationship of rights and obligations arising between the parties in accordance with the contract or the provisions of the law. The person who enjoys the right is the creditor, and the person who bears the obligation is the debtor.The creditor has the right to require the debtor to perform its obligations as stipulated in the contract or in accordance with the law.

Article XNUMX A contract is an agreement between the parties on the establishment, modification and termination of a civil relationship.A legally established contract is protected by law.

Article XNUMX Where there are two or more creditors, the rights shall be shared according to the determined share.If there are two or more debtors, the obligations shall be shared according to the determined shares.

Article XNUMX Where there are two or more creditors or debtors, each creditor with joint and several rights shall have the right to require the debtor to perform its obligations according to the provisions of the law or the agreement of the parties; each debtor with joint and several obligations shall, All persons are obliged to pay off all their debts, and those who have fulfilled their obligations have the right to require other persons who are jointly and severally obligated to pay their share.

Article XNUMX The parties to a contract shall fully perform their obligations in accordance with the contract.If the relevant quality, time limit, location or price in the contract is not clear, the content of the relevant clauses of the contract cannot be determined, and the parties cannot reach an agreement through negotiation, the following provisions shall apply: (XNUMX) If the quality requirements are not clear, the performance shall be performed in accordance with the national quality standards; If there is no national quality standard, it shall be performed according to the usual standard. (XNUMX) Where the time limit for performance is unclear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given necessary preparation time. (XNUMX) The place of performance is not clear, and if the currency is paid, it shall be performed at the place of the party receiving the payment, and other objects shall be performed at the place of the party performing the obligation. (XNUMX) If the price agreement is not clear, it shall be performed according to the price set by the state; if there is no price set by the state, it shall be performed with reference to the market price or the price of similar items or the remuneration standard for similar services.If the contract does not stipulate the right to apply for a patent, the party who completes the invention-creation shall enjoy the right to apply.If the contract does not stipulate the right to use the scientific and technological achievements, the parties have the right to use it.

Article XNUMX According to the provisions of the law or the agreement of the parties, the following methods may be used to guarantee the performance of the debt: (XNUMX) The guarantor guarantees the creditor that the debtor will perform the debt. After the guarantor has performed the debt, it has the right to recover from the debtor. (XNUMX) The debtor or a third party may provide certain property as collateral.If the debtor fails to perform the debt, the creditor shall have the right to repay the mortgaged property in accordance with the provisions of the law or the price of selling the mortgaged property in priority. (XNUMX) A party may pay a deposit to the other party within the scope prescribed by law.After the debtor performs the debt, the deposit shall be offset against the price or recovered.If the party paying the deposit fails to perform its debts, it has no right to demand the return of the deposit; if the party accepting the deposit fails to perform its debts, it shall return double the deposit. (XNUMX) According to the contract, one party occupies the property of the other party, and the other party fails to pay the payable amount in accordance with the contract and exceeds the agreed time limit, the possessor shall have the right to lien the property, and in accordance with the provisions of the law, the lien shall be converted into the property or the price of selling the property shall be preferentially repaid. .

Article XNUMX Legal lending relationships are protected by law.

Article XNUMX If one party to the contract transfers all or part of the rights and obligations of the contract to a third party, it shall obtain the consent of the other party to the contract and shall not make any profit.Contracts that should be approved by the state in accordance with the law must be approved by the original approval authority.However, unless otherwise stipulated by law or otherwise stipulated in the original contract.

Article XNUMX Where improper benefits are obtained without legal basis and cause losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.

Article XNUMX: There is no statutory or agreed obligation, and if the management or service is carried out to avoid losses to the interests of others, the beneficiary shall have the right to require the beneficiary to pay the necessary expenses incurred thereby.

Section XNUMX Intellectual Property

Article XNUMX Citizens and legal persons enjoy copyright (copyright) and have the rights to sign, publish, publish, and receive remuneration according to law.

Article XNUMX The patent rights legally obtained by citizens and legal persons shall be protected by law.

Article XNUMX The right to exclusive use of trademarks legally obtained by legal persons, individual industrial and commercial households, and individual partnerships shall be protected by law.

Article XNUMX Citizens have the right to discover their own discoveries.The discoverer has the right to apply for a discovery certificate, bonus or other rewards.Citizens have the right to apply for honorary certificates, bonuses or other awards for their inventions or other scientific and technological achievements.

Section XNUMX Personal Rights

Article XNUMX Citizens enjoy the right to life and health.

Article XNUMX Citizens enjoy the right to name, and have the right to decide, use and change their name in accordance with regulations, and prohibit others from interfering, embezzling, or counterfeiting.Legal persons, individual industrial and commercial households, and individual partnerships have the right to name.Enterprise legal persons, individual industrial and commercial households, and individual partnerships have the right to use and transfer their names according to law.

Article XNUMX Citizens enjoy the right to portrait. Without their consent, citizens' portraits may not be used for profit.

Article XNUMX Citizens and legal persons have the right to reputation, and citizens' personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by means of insults and slander.

Article XNUMX Citizens and legal persons enjoy the right to honor, and illegal deprivation of the honorary titles of citizens and legal persons is prohibited.

Article XNUMX Citizens enjoy the autonomy of marriage, and sales, arranged marriages and other acts that interfere with the freedom of marriage are prohibited.

Article XNUMX Marriage, family, the elderly, mothers and children shall be protected by law.The legitimate rights and interests of disabled persons are protected by law.

Article XNUMX Women enjoy equal civil rights with men.

Chapter VI Civil Liability

Section XNUMX General Provisions

Article XNUMX Citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability.Citizens or legal persons who infringe upon the property of the state or the collective, or infringe upon the property or person of others due to their fault, shall bear civil liability.If there is no fault, but the law stipulates that it should bear civil liability, it shall bear civil liability.

Article XNUMX If the contract cannot be performed due to force majeure or damage to others is caused, no civil liability shall be assumed, unless otherwise provided by law.

Article XNUMX Debts shall be repaid.If it is temporarily unable to repay, the debtor may repay in installments with the consent of the creditor or the ruling of the people's court.Those who have the ability to repay and refuse to repay shall be subject to compulsory repayment by the people's court.

Article XNUMX If one suffers damage due to preventing or stopping the infringement of state or collective property or other people's property or person, the infringer shall be liable for compensation, and the beneficiary may also make appropriate compensation.

Article XNUMX: Where a citizen or legal person who bears civil responsibility needs to be investigated for administrative responsibility, the administrative responsibility shall be investigated; if a crime is constituted, the legal representative of the citizen or legal person shall be investigated for criminal responsibility according to law.

Section XNUMX Civil Liability for Breach of Contract

Article XNUMX If one party fails to perform the contractual obligations or the performance of the contractual obligations does not meet the agreed conditions, the other party has the right to demand performance or take remedial measures, and has the right to demand compensation for losses.

Article XNUMX The liability for compensation of one party for breach of contract shall be equivalent to the losses suffered by the other party.The parties may agree in the contract that, when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party; they may also stipulate in the contract the method of calculating the amount of compensation for losses arising from the breach of the contract.

Article XNUMX If both parties violate the contract, they shall bear their respective civil liabilities.

Article XNUMX If one party suffers losses due to the other party's breach of the contract, it shall take timely measures to prevent the expansion of the losses; if the measures are not taken in time and the losses are expanded, there is no right to claim compensation for the expanded losses.

Article XNUMX The modification or termination of the contract shall not affect the rights of the parties to claim compensation for losses.

Article XNUMX If one party is unable to perform its contractual obligations due to the reasons of the higher authority, it shall compensate the other party for losses or take other remedial measures according to the contract, and the higher authority shall be responsible for the losses it suffers.

Section XNUMX Civil Liability for Tort

Article XNUMX Whoever encroaches upon the property of the state, the collective or the property of others shall return the property, and if the property cannot be returned, the compensation shall be made at a reduced price.If the property of the state, the collective or the property of others is damaged, it shall be restored to its original state or compensated at a reduced price.If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses.

Article XNUMX Citizens and legal persons whose copyrights (copyrights), patent rights, exclusive rights to use trademarks, rights of discovery, rights of invention and other rights of scientific and technological achievements have been infringed by plagiarism, tampering, counterfeiting, etc., have the right to demand that the infringement be stopped and eliminated. impact, compensation for damages.

Article XNUMX: Those who infringe upon the body of a citizen and cause harm, shall compensate for medical expenses, income reduced due to lost work, living allowances for the disabled and other expenses; if death is caused, funeral expenses shall be paid, and the necessary expenses for the persons who supported the deceased during his lifetime shall be paid. living expenses, etc.

Article XNUMX: Citizens whose rights to name, portrait, reputation, and honor are infringed shall have the right to demand that the infringement be stopped, their reputation restored, the impact eliminated, an apology be made, and compensation for losses may be demanded.Where a legal person's right to name, reputation and honor are infringed, the provisions of the preceding paragraph shall apply.

Article XNUMX If a state organ or its staff, in the performance of their duties, infringes upon the lawful rights and interests of citizens or legal persons and causes damage, they shall bear civil liability.

Article XNUMX If the product quality is not up to standard and causes other people's property or personal damage, the product manufacturer and seller shall bear civil liability according to law.If the transporter and warehousing are responsible for this, the product manufacturer and seller have the right to demand compensation for losses.

Article XNUMX Anyone who engages in high-altitude, high-pressure, flammable, explosive, highly toxic, radioactive, high-speed transportation and other operations that are highly dangerous to the surrounding environment and causes damage to others shall bear civil liability; if it can be proved that the damage is If it is intentionally caused by the victim, no civil liability shall be assumed.

Article XNUMX Anyone who violates the state's regulations on environmental protection and pollution prevention and causes damage to others by polluting the environment shall bear civil liability according to law.

Article XNUMX In case of digging pits, repairing and installing underground facilities, etc. in public places, roadsides or passages, etc., without setting up obvious signs and taking safety measures and causing damage to others, the constructor shall bear civil liability.

Article XNUMX If a building or other facilities, or the objects placed or suspended on the building collapse, fall off, or fall and cause damage to others, its owner or manager shall bear civil liability, but can prove that he has not. Except for the fault.

Article XNUMX If the kept animals cause damage to others, the animal breeder or manager shall bear civil liability; if the damage is caused by the fault of the victim, the animal breeder or manager shall not bear civil liability; If damage is caused by the fault of the third party, the third party shall bear civil liability.

Article XNUMX Where damage is caused by legitimate self-defense, civil liability shall not be assumed.If self-defense exceeds the necessary limit and causes undue damage, appropriate civil liability shall be assumed.

Article XNUMX Where damage is caused by emergency avoidance of danger, the person who caused the danger shall bear civil liability.If the danger is caused by natural causes, the emergency safe haven shall not bear civil liability or bear appropriate civil liability.If the emergency avoidance measures are improper or exceed the necessary limit, causing undue damage, the emergency hedging party shall bear appropriate civil liability.

Article XNUMX If two or more persons jointly infringe and cause damage to others, they shall bear joint and several liability.

Article XNUMX If the victim is also at fault for the damage, the civil liability of the infringer may be reduced.

Article XNUMX If the parties are not at fault for causing the damage, the parties may share the civil liability according to the actual situation.

Article XNUMX If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability.If the guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced.If a person without capacity for civil conduct or a person with limited capacity for civil conduct who has property causes damage to others, compensation shall be paid from his own property.For the insufficient part, the guardian shall make appropriate compensation, unless the unit acts as the guardian.

Section XNUMX Ways of Bearing Civil Liability

Article XNUMX The main methods of bearing civil liability are: (XNUMX) stop the infringement; (XNUMX) remove the obstruction; (XNUMX) eliminate the danger; (XNUMX) return the property; (XNUMX) restore the original state; (XNUMX) repair, (XNUMX) Compensation for losses; (XNUMX) Payment of liquidated damages; (XNUMX) Elimination of influence and restoration of reputation; (XNUMX) Apology.The above methods of bearing civil liability may be applied individually or in combination.In handling civil cases, in addition to applying the above provisions, the people's court may also reprimand, order to express repentance, confiscate property and illegal gains from illegal activities, and may impose fines and detention in accordance with the law.

Chapter VII Statute of Limitations

Article XNUMX The limitation period for applying to the people's court for protection of civil rights is two years, unless otherwise provided by law.

Article XNUMX The statute of limitations for the following actions shall be one year: (XNUMX) those who claim compensation for bodily injury; (XNUMX) those who sell goods of substandard quality without making a statement; (XNUMX) those who delay or refuse to pay rent; (XNUMX) The deposited property is lost or damaged.

Article XNUMX The statute of limitations shall be calculated from the time when one knows or should know that the rights have been infringed.However, if more than XNUMX years have elapsed since the date of infringement, the people's court will not protect it.Under special circumstances, the people's court may extend the limitation period.

Article XNUMX If the statute of limitations expires and the parties perform voluntarily, the statute of limitations shall not apply.

Article XNUMX Within the last six months of the limitation period, if the right of claim cannot be exercised due to force majeure or other obstacles, the limitation period shall be suspended.The statute of limitations period continues to be calculated from the day when the reason for suspending the statute of limitations is eliminated.

Article XNUMX The statute of limitations shall be interrupted due to the filing of a lawsuit, the request of one of the parties, or the agreement to perform an obligation.From the time of interruption, the statute of limitations period is recalculated.

Article XNUMX If the law provides otherwise for the statute of limitations, the law shall apply.

Chapter VIII Legal Application of Foreign-related Civil Relations

Article XNUMX The law applicable to foreign-related civil relations shall be determined in accordance with the provisions of this chapter.If the international treaties concluded or acceded to by the People's Republic of China have different provisions from the civil laws of the People's Republic of China, the provisions of the international treaties shall apply, with the exception of the clauses that the People's Republic of China has declared reservations about.Where there is no provision in the laws of the People's Republic of China and international treaties concluded or acceded to by the People's Republic of China, international practice may apply.

Article XNUMX If a citizen of the People's Republic of China settles in a foreign country, his capacity for civil conduct may be governed by the laws of the country of residence.

Article XNUMX The ownership of real estate shall be governed by the law of the place where the real estate is located.

Article XNUMX The parties to a foreign-related contract may choose the law applicable to the settlement of contract disputes, unless otherwise provided by the law.If the parties to a foreign-related contract do not choose, the law of the country that has the closest connection with the contract shall apply.

Article XNUMX: Compensation for damages for tortious acts shall be governed by the law of the place of tortious acts.If both parties have the same nationality or have domiciles in the same country, the laws of the parties' home country or domicile may also apply.The laws of the People's Republic of China do not consider acts that occur outside the territory of the People's Republic of China to be tortious acts, and do not treat them as tortious acts.

Article XNUMX Citizens of the People's Republic of China and foreigners shall be governed by the law of the place where the marriage was concluded, and divorce shall be governed by the law of the place where the court that accepts the case is located.

Article XNUMX Support shall be governed by the laws of the country with which the dependant has the closest connection.

Article XNUMX For legal inheritance of inheritance, movable property shall be governed by the law of the place where the deceased was domiciled at the time of death, and immovable property shall be governed by the law of the place where the immovable property is located.

Article XNUMX The application of foreign laws or international practices in accordance with the provisions of this chapter shall not violate the social and public interests of the People's Republic of China.

Chapter XNUMX Supplementary Provisions

Article XNUMX The people's congresses of ethnic autonomous areas may, in accordance with the principles stipulated in this Law and in light of the characteristics of the local ethnic groups, formulate modified or supplementary separate regulations or regulations.Those formulated by the people's congresses of autonomous regions shall be reported to the Standing Committee of the National People's Congress for approval or for the record in accordance with the provisions of the law; those formulated by the people's congresses of autonomous prefectures and autonomous counties shall be reported to the standing committees of the people's congresses of provinces and autonomous regions for approval.

Article XNUMX Prior to the entry into force of this Law, an enterprise owned by the whole people that has been approved by the competent authority at or above the province, autonomous region, or municipality directly under the Central Government and has been registered with the administration for industry and commerce may no longer be registered as a legal person, that is, it has the status of a legal person.

Article XNUMX The term "force majeure" referred to in this Law refers to an objective situation that cannot be foreseen, avoided or overcome.

Article XNUMX The period referred to in the Civil Law shall be calculated according to the calendar year, month, day and hour.If it is stipulated that the period shall be calculated in hours, the period shall be calculated from the stipulated time.If it is stipulated that the period is calculated according to day, month and year, the starting day is not included, and the calculation starts from the next day.If the last day of the period is a Sunday or other statutory holiday, the day following the holiday shall be the last day of the period.The cut-off time on the last day of the period is twenty-four o'clock.If there is business time, the deadline for stopping business activities.

Article XNUMX The terms "above", "below", "within" and "expiration" as mentioned in the Civil Law include this number;

Article 1987 This Law shall come into force on January 1, 1.

The above content comes from: National People's Congress website: http://www.npc.gov.cn/zgrdw/npc/lfzt/rlyw/2016-07/01/content_1992730.htm The purpose of sharing is to learn the law with the people.

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