synonymGeneral Principles of Civil Law(General Principles of the Civil Law) Generally refers to the General Principles of the Civil Law of the People's Republic of China (the general law in the civil law system)
General Principles of the Civil Law of the People's Republic of ChinaCivil activitiesThe legal provisions on some common issues in the civil law systemGeneral law。April 12, 1986 byThe Fourth Session of the Sixth National People's CongressThe amendment was adopted and came into force on January 1, 1987.There are 156 articles in 9 chapters.
On August 27, 2009, the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress decided:not suited toSocialist market economy andsocial developmentThe requirements are modified as follows:
1、 Article 7 of the General Principles of the Civil Law of the People's Republic of China is revised as follows:“Civil activitiesShould respectSocial moralityAnd may not damage the public interest or disrupt the socio-economic order. "
Article 1 In order to ensure the legitimacy of citizens and legal personsCivil rights and interests, correctly adjust civil relations and adapt toSocialist Modernization Drive This Law is formulated in accordance with the Constitution and the actual situation of our country, in order to meet the needs of the development of our cause, and by summing up practical experience in civil activities.
Article 3 The parties shall have equal status in civil activities.
Article 4 In civil activities, the principle of voluntariness, fairness, compensation for equal valueHonestyPrinciple of.
Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law, and no organization or individual may infringe upon them.
Article 6 In civil activities, the law must be observed. In the absence of such provisions in the law, State policies shall be observed.
Article 7 In civil activities, social morality shall be respected, and social and public interests shall not be harmed or social and economic order disturbed.
Article 8 The law of the People's Republic of China shall apply to civil activities within the territory of the People's Republic of China, except as otherwise provided by 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, except as otherwise provided by law.
Chapter II Citizens and Natural Persons
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Section 1 Capacity for Civil Rights and Capacity for Civil Conduct
Article 11 Citizens over the age of 18 are adults and haveFull capacity for civil conduct, can be carried out independentlyCivil activitiesIs a person with full capacity for civil conduct.
Citizens over the age of 16 but under the age of 18Labor incomeA person who is the main source of income shall be regarded as a person with full capacity for civil conduct.
Article 12 Ten Weeks[3]A minor over the age of is a person with limited capacity for civil conduct and may engage in civil activities appropriate to his age and intelligence;Other civil activities shall be represented by his legal representative or with the consent of his legal representative.Minors under the age of eight are persons without capacity for civil conduct, and their legal representatives shall act as agents in civil activities.
Article 13 A mentally ill person who cannot recognize his own conduct is a person without capacity for civil conduct, and his legal representative shall act as an agent in civil activities.A mentally ill person who cannot fully recognize his own conduct is a person with limited capacity for civil conduct and may engage in civil activities appropriate to his mental health;
Article 14 The guardian of a person without or with limited capacity for civil conduct shall be his legal representative.
Article 15. CitizensDomicile locationThe residence of,Habitual residenceIf it is inconsistent with the domicile, the habitual residence shall be deemed as the domicile.
Section 2 Guardianship
Article 16 The parents of minors are guardians of minors.Note: The minor's parents have died or notMonitoring abilityThe person who has the ability of guardianship among the following persons shall act as guardian:
If there is a dispute over the guardianship, the units of the minors' parents or the neighborhood or village committees in the minors' places of residence shallClose relativesSpecified in.If a lawsuit is filed against the appointment, the people's court shall make a ruling.
If there is no guardian as prescribed in the first or second paragraphs, the units of the minors' parents or the neighborhood or village committees or civil affairs departments in the minors' places of residence shall act as guardians.
（5） Other closely related relatives or friends who are willing to assume the responsibility of guardianship, with the consent of the unit to which the mentally ill person belongs or of the neighborhood or village committee in the place of his residence.
If there is a dispute over the guardianship, the unit to which the mentally ill person belongs or theresidents ' committeeThe villagers' committee shall designate them among their close relatives.If a lawsuit is filed against the appointment, the people's court shall make a ruling.
In the absence of a guardian as prescribed in the first paragraph, the unit to which the mentally ill person belongs or the neighborhood or village committee or the civil affairs department in the place of his residence shall act as his guardian.
Article 18 The guardian shall performGuardianship responsibilitiesTo protect the person, property and others of the wardLegal rights and interestsShall not dispose of the property of the ward except for the benefit of the ward.
A guardian's right to perform his guardianship according to law shall be protected by law.
If a guardian fails to perform his duty of guardianship or infringes upon the lawful rights and interests of his ward, he shall bear responsibility;Causes to the wardproperty lossShouldCompensation for losses。The people's court may disqualify a guardian on the application of the relevant person or unit.
Article 19 An interested party of a mentally ill person may apply to the people's court to declare the mentally ill person as a person without or with limited capacity for civil conduct.
If a person is declared by a people's court to be a person without or with limited capacity for civil conduct, the people's court may declare him to be a person with limited or full capacity for civil conduct on the basis of his recovery from health and upon his own application or that of an interested person.
Section 3 Declarations of Disappearance and Death
Article 20 If a citizen's whereabouts have been unknown for two years, an interested person may apply to the people's court to declare him missing.
If the whereabouts of a person are unknown during the war, the time when the whereabouts are unknown is fromThe war is overCalculated from the date of.
SectionArticle 21The property of a missing person shall be placed in the custody of his spouse, parents, adult children or other close relatives or friends.If there is a dispute over the custody, if there is no person specified above or if the person specified above is unable to do so, the people's court shall appoint a person to do so.
Taxes, debts and payables of missing personsother expenses, which shall be paid by the custodian from the property of the missing person.
Article 22 If a person who has been declared missing reappears or his whereabouts are ascertained, the people's court shall, upon his own application or that of an interested person, revoke the declaration of his disappearance.
Article 23 Under any of the following circumstances, an interested person may apply to the people's court to declare a citizen dead:
（1） Missing for four years;
（2） Two years from the date of the accident if the whereabouts of the person is unknown due to an accident.
If the whereabouts of a person is unknown during the war, the time for missing persons shall be counted from the date of the end of the war.
Article 24 The person declared dead reappears or is confirmedHe did not have.In case of death, the people's court shall revoke the declaration of his death upon his own application or that of an interested person.
Executed by a person with civil capacity during the period when he is declared deadCivil juristic actValid.
Article 25 The person whose declaration of death has been revoked has the right to requestReturn of property。according toLaw of successionThe citizen or organization that has obtained his property shall return the original object;If the original object does not exist, appropriate compensation shall be given.
Section 4 Individual Business Households and Rural Contracted Business Households
Article 26 Citizens who, within the scope permitted by law, have been approved and registered in accordance with the law to engage in industrial and commercial operations areIndividual businesses。Individual industrial and commercial households may adopt shop names.
Article 28 The legitimate rights and interests of individual businesses and rural contract operators shall be protected by law.
Article 29 The debts of individual industrial and commercial households and rural contract operators, if they are operated by individuals, shall bepersonal propertyUndertaking;If it is operated by a family, it shall be borne by the family property.
Article 30Individual partnershipIt means that two or more citizens provide funds, material objects and technology respectively according to the agreement,PartnershipJoint labor.
Article 32 The property contributed by partners shall beunified management And use.
The property accumulated by the partnership shall be jointly owned by the partners.
Article 33 An individual partnership may adopt a shop name, be approved and registered according to law, and engage in business within the approved and registered business scope.
Partners may elect responsible persons.Partner in charge andOther personnelAll partners shall undertake the business activities ofcivil liability。
Article 35 The debts of a partnership shall be borne by the partners in accordance withProportion of contributionOr as agreed in the agreement, each party shall bear the liability for repayment with its own property.
Partners shall be jointly and severally liable for the partnership's debts, except as otherwise provided by law.Repayment of partnershipDebt overThe partner who should bear the amount shall have the right to claim compensation from other partners.
Chapter III Legal Persons
Section 1 General Provisions
Article 36 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 according to law.
Article 37 A legal person shall meet the following requirements:
（1） Legally established;
（2） Having necessary property or funds;
（3） Having its own name, organization and place;
（4） Be able to bear civil liability independently.
Article 38 According to law orLegal organizationThe articles of association stipulate that the person in charge who exercises functions and powers on behalf of a legal person is the legal representative of the legal person.
Article 39 The domicile of a legal person shall be the place where its main office is located.
Article 40 When a legal person terminates, it shall carry out liquidation according to law and stop activities outside the scope of liquidation.
Section 2 Enterprise Legal Person
Article 41Enterprises owned by the whole people、Collectively owned enterprisesHaving the amount of funds in line with the provisions of the State, articles of association, organizational structure and premises, being able to bear civil liability independently, and having been approved and registered by the competent authorityLegal personality。
Article 46 When an enterprise as a legal person terminates, it shall go through the formalities with the registration authorityDeregistrationAnd make an announcement.
Article 47 EnterprisesDissolution of legal person, should be establishedLiquidation organization, carry out liquidation.If an enterprise as a legal person is dissolved or declared bankrupt, the competent authority or the people's court shall organize the relevant authorities and personnel to form a liquidation organization to carry out liquidation.
Article 48Ownership by the whole peopleThe enterprise legal person is granted by the stateOperation managementAnd bear civil liability.Collective ownershipAn enterprise as a legal person shall bear civil liability with the property owned by the enterprise.Chinese foreign equity joint venture legal persons, Chinese foreign contractual joint venture legal persons and foreign-capital enterprise legal persons shall bear civil liability with the property owned by the enterprise, except as otherwise provided by law.
Article 49 Where an enterprise as a legal person falls under any of the following circumstances, the legal representative may be givenAdministrative sanction, fine, if a crime is constitutedgive criminal sanctions：
（1） Engaging in illegal business beyond the business scope approved and registered by the registration authority;
（2） To the registration authoritytax authorityConcealing the truth and practicing fraud;
（4） Disposing of property without authorization after being dissolved, dissolved or declared bankrupt;
（5） Failing to apply for registration and announcement in a timely manner at the time of change or termination, causing the interested parties to suffer heavy losses;
（6） Engaging in other activities prohibited by law, damagingNational interestsOr in the public interest.
Section 3 State organs, institutions and social organizations as legal persons
Article 50 An organ with independent funds shall, from the date of its establishment,With legal personality。
Public institutions qualified as legal personsSocial groups, not required by lawLegal person registrationIs a legal person from the date of its establishment;If it is necessary to register as a legal person according to law, it shall obtain the status of a legal person after being approved and registered.
Section IV Joint Venture
Article 51 The joint venture between enterprises or between enterprises and institutions shall form a neweconomic entityThose who bear civil liability independently and meet the conditions of legal person shall be approved and registered by the competent authority to obtain the status of legal person.
Article 52 If an enterprise or an enterprise or institution is jointly operated and does not meet the requirements of a legal person, the parties to the joint venture shall bear civil liability with the property they own or manage according to the proportion of their capital contributions or as agreed in the agreement.In accordance with the provisions of laws or agreementsBe jointly and severally liableOf,Assume joint and several liability。
Article 53 If a joint venture between enterprises or between enterprises or institutions operates independently as agreed in the contract, its rights and obligations shall be agreed in the contract and each of them shall bear civil liability.
（3） It does not violate the law or the public interest.
Article 56 Civil juristic acts may be takenWritten form、Oral formOr other forms.If the law stipulates that a specific form shall be used, the law shall prevail.
Article 57 A civil juristic act shall have laws from the time of its establishmentbinding force。The actor shall not change or terminate without the consent of the other party or in accordance with the law.
Article 58 The following civil acts are invalid:
（1） Implemented by a person without civil capacity;
（2） The person with limited capacity for civil conduct is unable to implement independently according to law;
（3） One party causes the other party to act against its true intention by means of fraud, coercion or taking advantage of others' difficulties;
(IV)Malicious collusion, harming the interests of the state, the collective or a third party;
（5） Violating laws or public interests;
（6） Covering an illegal purpose in a legal form.(On August 27, 2009, Item 6 of Paragraph 1 of Article 58: where an economic contract violates the state's mandatory plan, Item 7: "concealing an illegal purpose in a legal form." was changed to Item 6)
A revoked civil act shall be null and void from the beginning of the act.
Article 60 If part of a civil act is invalid, which does not affect the validity of the other parts, the other parts remain valid.
Article 61 After a civil act is confirmed to be invalid or revoked, the property acquired by the party as a result of the act shall be returned to the party suffering losses.The party at fault shall compensate the other party for the losses it has suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
If both parties collude maliciously and commit a civil act that harms the interests of the state, a collective or a third person, the property acquired by both parties shall be recovered and returned to the state or the collective or the third person.
Article 62 A civil juristic act may be conditional,Conditional civil juristic actIt takes effect when the attached conditions are met.
Section 2 Agency
Article 63 Citizens and legal persons may perform civil juristic acts through agents.
Agent inProxy PermissionsTo carry out civil juristic acts in the name of the principal.Principal to agentAgency behavior, bear civil liability.
A civil juristic act that should be performed by the person himself in accordance with the law or the agreement between the parties may not be represented.
The entrusted agent shall exercise according to the entrustment of the principaldealershipThe legal representative shall exercise the power of agency in accordance with the provisions of the law, and the appointed agent shall exercise the power of agency in accordance with the designation of the people's court or the designated unit.
Article 65 A civil juristic act may be entrusted in writing or orally.If the law provides for the use of written form, it shall be in writing.
Authorization of written proxya power of attorneyIt shall clearly state the name of the agent, the matters to be represented, the scope of authority and the period of time, and shall be signed or sealed by the principal.
a power of attorneyIf the authorization is unclear, the principal shall bear civil liability to the third party, and the agent shall be jointly and severally liable.
Article 66 No agency power, beyond agency power orTermination of agency rightOnly after the principal's ratification can the principal bear civil liability for subsequent acts.The actor shall bear civil liability for acts not ratified.If I know that another person has committed a civil act in my own name without denying it, it shall be deemed as consent.
If an agent colludes with a third person to damage the principal's interests, the agent and the third person shall be jointly and severally liable.
If a third person knows that the actor has no power of agency, has exceeded the power of agency, or that the power of agency has terminated, but still performs civil acts with the actor, causing damage to others, the third person and the actor shall be jointly and severally liable.
Article 67 If an agent is aware that the matters entrusted are illegal but still carries out agency activities, or if the principal is aware that the agent's acts are illegal and does not object, the principal and the agent shall be jointly and severally liable.
Article 68 If an entrusted agent needs to entrust another person to act as his agent for the principal's benefit, he shall obtain the principal's consent in advance.If the principal's consent 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 act of the person to whom he has delegated, except in case of emergency, when the principal is delegated to another person for the purpose of protecting his interests.
Article 69 The entrusted agency shall terminate under any of the following circumstances:
（1） The term of agency expires or the agency affairs are completed;
（2） The principal cancels the entrustment or the agent resigns the entrustment;
（3） The agent dies;
（4） The agent loses civil capacity;
（5） The legal person as principal or agent terminates.
Article 70 Under any of the following circumstances, the legal agent or appointed agent shall terminate:
（1） The principal acquires or restores civil capacity;
（2） The principal or agent dies;
（3） The agent loses civil capacity;
（4） The people's court or the designated unit that appointed the agent cancels the appointment;
（5） The guardianship relationship between the principal and the agent is terminated due to other reasons.
Chapter V Civil Rights
Section 1 Property Ownership and Property Rights Related to Property Ownership
Article 71Property ownershipIt refers to the owner's right to possess, use, benefit from and dispose of his property according to law.
Article 72 The acquisition of property ownership shall not violate the provisions of law.
Where property is acquired in accordance with a contract or other lawful means, the ownership of the property shall be transferred from the time of delivery, unless otherwise provided by law or agreed by the parties.
Article 73state propertyIt is owned by the whole people.State property is sacred and inviolable, and no organization or individual is allowed to encroach, plunder, privately divide, intercept or destroy it.
Article 74 The property of a collective organization of the working people shall be collectively owned by the working people, including:
（1） Land, forests, mountains, grasslands, wasteland, beaches, etc. that are collectively owned according to the law;
（3） Collectively owned buildings, reservoirsFarmland water conservancyFacilities and educational, scientific, cultural, health, sports and other facilities;
（4） Other collectively owned property.
Collectively owned land belongs to the village according to lawPeasant collectivityOwned by village agricultural production cooperativesCollective economic organizationsOr the villagers' committee.Those already owned by township (town) farmers' collective economic organizations may be collectively owned by township (town) farmers.
Collectively owned property is protected by law, and no organization or individual is allowed to seize, plunder, privately divide, destroy, or illegally seal up, detain, freeze, or confiscate it.
Article 75 Citizens' personal property includes citizens'Legal income, houses, savings, articles for daily use, cultural relics, books, treeslivestockAnd what the law allows citizens to ownMeans of productionAnd othersLegal property。Citizens' lawful property is protected by law, and no organization or individual is allowed to seize, plunder, destroy or illegally seal up, distrain, freeze or confiscate it.
Article 77 The lawful property of social organizations, including religious organizations, shall be protected by law.
Article 78 Property may be jointly owned by two or more citizens or legal persons.
Common points areseveral co-ownershipandCommon ownership。The co owners, according to their respective sharesJoint propertyShare rights, share obligations.The joint owners shall enjoy the rights and assume the obligations with respect to the jointly owned property.
Each co owner of the property jointly owned 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 of first refusal under the same conditions.
lost and found objects、DriftOr the stray raised animals shall be returned to their owners, and the expenses incurred therefrom shall be reimbursed by the owners.
Article 80 State owned land may be used according to law by units under ownership by the whole people or by units under collective ownership according to law,National protectionThe right to use and benefit from it;The user unit has the obligation of management, protection and reasonable utilization.
Citizens and collectives legally use land owned by collectives or owned by the state and used by collectivesContracted management right, protected by law.The rights and obligations of both parties to the contract shall be stipulated in the contract in accordance with law.Land may not be sold, leased, mortgaged or in other formsIllegal transfer。
Article 81 State owned forests, mountains, grasslands, unreclaimed lands, beaches and water surfacesnatural resourcesIt can be used by units under ownership by the whole people according to law, or it can be determined to be used by units under collective ownership according to law, and the state protects its right to use and benefit from it;The user unit has the obligation of management, protection and reasonable utilization.
State owned mineral deposits may be mined according to law by units under ownership by the whole people and units under collective ownership, or by citizens according to law.The state protects legalMining right。
The right of citizens and collectives to contract for the management of forests, mountains, grasslands, unreclaimed land, beaches and water surfaces owned by collectives or owned by the state and used by collectives shall be protected by law.The rights and obligations of both parties to the contract shall be stipulated in the contract in accordance with law.
State owned mineral deposits and water flows, as well as forest lands, mountains, grasslands, unreclaimed lands and beaches owned by the State and collectively owned by law, may not be sold, leased, mortgaged or illegally transferred in other forms.
Article 82 An enterprise owned by the whole people shall, in accordance with law, enjoy the property that the state has authorized it to operate and managemanagement right, protected by law.
Article 83 The neighboring parties to a realty shall, in the spirit of being conducive to production, convenient for life, solidarity and mutual assistance, and fair and reasonable, correctly deal with the problems of water interception, drainage, passage, ventilation, lighting, etcAdjacency。If it causes obstruction or loss to the neighboring party, it shallStop infringement，Remove obstruction, compensate for losses.
Section 2 Creditor's Rights
Article 84 A debt is a specific relationship of rights and obligations between the parties in accordance with the contract or the law. The person who enjoys the rights is the creditor and the person who has the obligations is the debtor.
The creditor has the right to require the debtor to perform its obligations in accordance with the contract or the law.
Article 85 A contract is an agreement between the parties to establish, modify or terminate a civil relationship.A lawfully formed contract shall be protected by law.
Article 86 If there are two or more creditors, they shall share their rights according to the fixed share.If there are two or more debtors, they shall share the obligations according to the determined share.
Article 87 Where there are two or more creditors or debtors on one side, each creditor who enjoys joint and several rights shall have the right to require the debtor to perform his obligations in accordance with the provisions of law or the agreement of the parties;Each debtor who is jointly and severally obligated has the obligation to pay off all the debts, and the person who has performed the obligation has the right to require other persons who are jointly and severally obligated to pay his share.
Article 88 The parties to a contract shall fully perform their obligations in accordance with the contract.
If the quality, time limit, place or price in the contract are not clearly agreed, cannot be determined according to the relevant terms of the contract, and the parties cannot reach an agreement through consultation, the following provisions shall apply:
(I)quality requirementUnclear, according to the countryquality standardIf there is no national quality standard, the normal standard shall be followed.
(II)Term of performanceIf it 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.
(III)Place of performanceIf it is not clear that the payment is in the currency, it shall be performed at the place where the party receiving the payment is located, and other objects shall be performed at the place where the party performing the obligation is located.
（4） If the price is not clearly stipulated, the price stipulated by the state shall be followed;If there is no national price, refer tomarket priceOr the price of similar goods or the remuneration standard of similar services.Contract pairPatent application rightNothing agreed, completeInventionThe party concerned has the right to apply.Contract pairScientific and technological achievementsIn the absence of an agreement on the right to use, the parties have the right to use.
Article 89 In accordance with the provisions of law or the agreement of the parties, the performance of debts may be guaranteed in the following ways:
（1） The guarantor guarantees the creditor that the debtor will perform its obligations. If the debtor fails to perform its obligations, the guarantor shall perform or bear joint and several liability according to the agreement;After performing the obligation, the guarantor shall have the right of recourse against the debtor.
（2） The debtor or a third party may provide certain property asCollateral。If the debtor defaults, the creditor has the right toconversion of estate under mortgage into moneyOr the proceeds from the sale of the mortgaged property shall be repaid in priority.
（3） A party may pay to the other party within the scope prescribed by lawDeposit。After the debtor has performed his obligation, the deposit shall be set off against the price or recovered.If the party who pays the deposit fails to perform its obligations, it has no right to demand the return of the deposit;If the party receiving the deposit fails to perform its obligations, it shall return twice the deposit.
（4） According to the contract, one party occupies the other party's property, and the other party does not pay according to the contractPayablesIf the agreed time limit is exceeded, the possessor has the right to retain the propertyLien propertyThe discount or the proceeds from the sale of the property shall be repaid in priority.
Article 91 If a party to a contract transfers all or part of its contractual rights and obligations to a third person, it shall obtain the consent of the other party to the contract and may not make profits.Contracts that should be approved by the state according to the law need to be approved by the original approval authority.However, unless otherwise stipulated by law or the original contract.
Article 92 Where any person obtains improper benefits without lawful basis, thereby causing losses to others, he shall return the improper benefits obtained to the person suffering losses.
Article 93 Where there is no statutory or agreed obligation to manage or provide services in order to avoid losses to the interests of others, the beneficiary is entitled to claim the necessary expenses paid thereby.
Section 3 Intellectual Property Rights
Article 94 Citizens and legal persons shall enjoyCopyright(Copyright), and has the right to sign, publish, publish, and obtain remuneration according to law.
Article 95 Those obtained by citizens and legal persons according to lawpatent rightBe protected by law.
Article 97 Citizens shall have the right to their own discoveriesRight of discovery。A discoverer shall have the right to apply for a certificate of discovery, bonus or other awards.
Citizens have the right to apply for their own inventions or other scientific and technological achievementsCertificate of honor, bonus or other rewards.
Article 99 Citizens shall enjoyName right, have the right to decide, use and change their own names according to regulations, and prohibit others from interfering, misappropriating and counterfeiting.
Legal persons, individual businesses and individual partnershipsright of name。Enterprises as legal persons, individual businesses and individual partnerships have the right to use and legally transfer their own names.
Article 100 Citizens shall enjoyportraiture rightWithout his consent, he may not use the portrait of a citizen for profit.
Article 101 Citizens and legal persons shall enjoyRight of reputation, citizen'sHuman dignityIt is protected by law, and it is forbidden to damage the reputation of citizens and legal persons by means of insult, slander, etc.
Article 102 Citizens and legal persons shall enjoyThe right to honourIllegal deprivation of citizens and legal persons is prohibitedHonorary title。
Article 104 Marriage, the family, the elderly, mothers and children shall be protected by law.
The lawful rights and interests of disabled persons shall be protected by law.
Article 105 Women shall enjoy equal civil rights with men.
Chapter VI Civil Liability
Section 1 General Provisions
Article 106 Citizens and legal personsBreach of contractOr those who fail to perform other obligations shall bear civil liability.
Citizens and legal persons who, through their fault, infringe upon the property of the state or the collective, or upon the property or the person of others, shall bear civil liability.
If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
Article 107 CauseForce majeureIf a party is unable to perform the contract or causes damage to others, it shall not bear civil liability, except as otherwise provided by law.
Article 108 Debts shall be paid off.If the debtor is unable to repay the debt for the time being, the debtor may, with the consent of the creditor or the ruling of the people's courtAmortization。If they are able to repay and refuse to repay, the people's court shall make a judgmentCompulsory repayment。
Article 109 If a person suffers damage as a result of preventing or stopping the infringement of state or collective property or the property or person of another person, the infringer shall be liable for compensation, and the beneficiary may also make appropriate compensation.
Article 110 Citizens and legal persons who bear civil liability need to be investigatedadministrative responsibilityAdministrative responsibility shall be investigated;If a crime is constituted, the legal representative of a citizen or legal person shall be investigated for criminal responsibility according to law.
Section 2 Civil Liability for Breach of Contract
Article 111 Non performance by one partyContractual obligationsOr if the performance of the contractual obligations does not meet the agreed conditions, the other party has the right to require performance orTake remedial measuresAnd have the right to claim compensation for losses.
Article 112 The liability of one party to pay compensation for breach of contract shall be equivalent to the loss suffered by the other party as a result thereof.
The parties may agree in the contract that if one party breaches the contract, it shall pay a certain amount to the other partyLiquidated damages；The method for calculating the amount of compensation for losses arising from breach of contract may also be stipulated in the contract.
Article 113 If both parties breach a contract, they shall bear their respective civil liabilities.
Article 114 If one party suffers losses due to the other party's breach of contract, it shall take timely measures to prevent the losses from expanding;Those who fail to take measures in time and cause further losses shall have no right to claim compensation for the further losses.
Article 115 The modification or dissolution of a contract shall not affect the parties' right to claim damages.
Article 116 If a party is unable to perform its contractual obligations due to reasons attributable to a higher authority, it shall compensate the other party for its losses or take other remedial measures in accordance with the contract, and the higher authority shall be responsible for handling the resulting losses.
Section 3 Civil Liability for Infringement
Article 117 Whoever encroaches upon the property of the State, a collective or another person shall return the property; if the property cannot be returned, he shall make compensation at the reduced price.
If the property of the State, a collective or another person is damaged, it shall be restored to its original state or compensated at a discount.
If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses.
Article 119 Anyone who infringes upon a citizen's body and causes injury shall make compensationMedical expenses. Reduced income and disabled due to missed workLiving allowanceAnd other expenses;If death is caused, it shall payFuneral expensesNecessary for the person supported by the deceasedliving expensesEtc.
Article 120 If a citizen's right of name, portrait, reputation or honour has been infringed upon, he shall have the right to demand that the infringement be stopped, his reputation be restored, the effects be eliminated, an apology be made, and he may also demand compensation for losses.
Where the right of name, reputation and honour of a legal person is infringed upon, the provisions of the preceding paragraph shall apply.
Article 121 State organs orState organ staffIf, in the course of performing their duties, they infringe upon the lawful rights and interests of citizens and legal persons and cause damage, they shall bear civil liability.
Article 122 Causeproduct qualityProducts that cause property or personal damage to others due to nonconformityManufacturerThe seller shall bear civil liability according to law.If the transporter or the warehouser is responsible for this, the manufacturer or seller of the product shall have the right to claim damages.
Article 123 Engaging in high-altitude, high-pressure, inflammable, explosive, highly toxicradioactivity, High speedMeans of transportEquipairsurrounding environmentIf a highly dangerous operation causes damage to others, it shall bear civil liability;If it can be proved that the damage was deliberately caused by the victim, he shall not bear civil liability.
Article 124 Violation of the Stateprotect the environmentAccording to the provisions on the prevention of pollution, those who pollute the environment and cause damage to others shall bear civil liability according to law.
Article 125 No obvious signs or measures are set up to dig holes, repair and install underground facilities in public places, roadside or passagewaySafety measuresIf damage is caused to others, the constructor shall bear civil liability.
Article 126 The owner or manager of a building or any other facility, or any thing placed or suspended on a building, which collapses, falls off, or causes damage to another person, shall bear civil liability, unless he can prove that he is not at fault.
Article 127 If the animals raised cause damage to others, the animal keepers or managers shall bear civil liability;If damage is caused due to the fault of the victim, the animal keeper or manager shall not bear civil liability;If damage is caused due to the fault of a third party, the third party shall bear civil liability.
Article 128 CauseJust CauseIf damage is caused, no civil liability shall be borne.If justifiable defense exceeds the necessary limit and causes undue damage, appropriate civil liability shall be borne.
Article 129 CauseUrgent hedgingIf damage is caused, the person who caused the danger shall bear civil liability.If the danger is caused by natural causes, the emergency person shall not bear civil liability or bear appropriate civil liability.If undue damage is caused due to improper measures taken or exceeding the necessary limits, the emergency shelter shall bear appropriate civil liability.
Article 130 If two or more persons jointly infringe upon another person's rights and cause damage to him, they shall bear joint and several liability.
Article 131 If the victim is also at fault for the damage, the civil liability of the infringer may be mitigated.
Article 132 If the parties are not at fault for causing damage, they may share civil liability according to the actual situation.
Article 133 If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability.If the guardian has done his duty of guardianship, his civil liability may be appropriately reduced.
If a person with property without or with limited capacity for civil conduct causes damage to others, the compensation fee shall be paid from his own property.The insufficient part shall be appropriately compensated by the guardian, except that the unit acts as guardian.
Section 4 Ways of Bearing Civil Liability
Article 134 The main ways of assuming civil liability are:
The above ways of bearing civil liability may be applied separately or in combination.
Trial by the People's Courtcivil caseIn addition to the above provisions, they can also be admonished and orderedMake a pledge of repentance, confiscate the property for illegal activities andillicit incomeAnd may be fined or detained in accordance with the law.
Chapter VII Limitation of Action
Article 135 A request to a people's court for the protection of civil rightsLimitation periodTwo years, unless otherwise provided by law.
Article 137 The limitation period of action shall be counted from the time when he knew or should have known that his rights had been infringed.But,Accessory rightIf more than 20 years have elapsed since the date of infringement, the people's court shall not protect it.Under special circumstances, the people's court may extend the limitation period.
Article 138 ExceedingLimitation of actionDuring the period, if the parties voluntarily perform, they shall not be subject to the limitation of action.
Article 139 During the last six months of the limitation period of action, it cannot be exercised due to force majeure or other obstaclesRight of claimOf,Suspension of limitation of action。The limitation period shall continue to count from the date on which the reason for suspending the limitation period is eliminated.
Article 140 The limitation of action shall be interrupted when a lawsuit is brought or when one of the parties requests or agrees to perform its obligations.From the time of interruption, the limitation periodRecalculate。
Article 141 Where the law provides otherwise for the limitation of action, such provisions shall prevail.
Concluded or acceded to by the People's Republic of Chinainternational treatyWith the People's Republic of ChinaCivil lawIf there are different provisions, the provisions of the international treaty shall apply, with the exception of the provisions on which the People's Republic of China has declared reservations.
Where there are no provisions in the laws of the People's Republic of China or in the international treaties concluded or acceded to by the People's Republic of China, they may be appliedInternational practice。
If the parties to a foreign-related contract have no choice, the law of the country with the closest connection to the contract shall apply.
Article 146Tortious conductDamages, applicablePlace of infringementlaw.If both parties have the same nationality or have domicile in the same country, the law of the party's home country or the law of the place of domicile may also apply.
The laws of the People's Republic of China do not consider an act committed outside the territory of the People's Republic of China as a tort,not regard asHandling of infringement.
Article 147 Marriage between citizens of the People's Republic of China and foreigners is applicablePlace of marriageThe law of the place where the court accepting the case is located shall apply to divorce.
Article 148 The law of the country with the closest connection to the dependant shall apply to maintenance.
Article 149 LegacyLegal successionFor movable property, the law of the place where the decedent died shall apply, and for immovable property, the law of the place where the immovable property is located shall apply.
Article 150 The application of foreign laws or international practices in accordance with the provisions of this Chapter shall not contravene the social and public interests of the People's Republic of China.
Chapter IX Supplementary Provisions
Article 151National autonomous areasThe people's congress ofSpecial regulationsOr regulation.If formulated by the people's congress of an autonomous region, it shall be reported to the Standing Committee of the National People's Congress for approval or for the record in accordance with law;Autonomous prefectureCounty People's CongressThose formulated shall be submitted to the standing committee of the people's congress of the province or autonomous region for approval.
Article 152 Prior to the entry into force of this Law, the establishment of theEnterprises owned by the whole peopleIf it has already registered with the administrative department for industry and commerce, it may no longer register as a legal person, that is, it has the status of a legal person.
Article 153 The term "“Force majeure”It refers to objective conditions that cannot be predicted, avoided and overcome.
Article 154 The period referred to in the Civil Law shall beGregorian calendarCalculated by year, month, day and hour.
If it is specified that the period shall be calculated in hours, it shall be calculated from the specified time.If it is stipulated that the period shall be calculated by day, month or year, the day on which it begins shall not be counted, but shall be counted from the next day.
If the last day of a period is a Sunday or other statutory holiday, the day following the holiday shall be the last day of the period.
The deadline of the last day of the period is 24:00.If there is business time, it will end at the time when business activities are stopped.
Article 155 The terms "more than", "less than", "within" and "expiration" in the Civil Law include the given number;The words "dissatisfied" and "beyond" do not include this figure.
Article 156 This Law shall go into effect as of January 1, 1987.[4]
Clause repeal
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Abolishment of Some Clauses of General Principles of Civil Law
On December 24, 2008, the Supreme People's Court abolished the following provisions:
Annulment 88. For jointly owned property, some co owners claim to be jointly owned by shares, and some co owners claim to be jointly owned. If it cannot be proved that the property is jointly owned by shares, it shall be recognized as jointly owned.
Reason for abolishment: in accordance with Article 103 of the Property LawSubstantiveConflicts. The changes made by the Property Law to the original legal provisions in terms of ownership are mainly reflected in the common provisions.Typically, the Property Law will《Opinions of Mintong》The presumption of joint ownership is replaced by the presumption of joint ownership by shares.
Property Law: Article 103 Where the co owners have not stipulated that the commonly owned immovables or chattels shall be jointly owned by shares or jointly owned, or the agreement is not clear, unless the co owners haveFamily relationsIt shall be deemed as co ownership by shares.
Annulment 94PickupIf the person who finds the loss or damage has no intention, he shall not bear civil liability.If the person who finds the object has claimed it and refuses to return it, resulting in a lawsuit, it shall be handled as an infringement lawsuit.
Reason for abolishment: for the lost propertyChattel ownershipThe opinion of the General Principles of Civil Law stipulates that the person who finds it should return it to the owner, but the specific way is not stated.The Property Law has greatly improved the system in Articles 107-113.Typical examples are the rights and obligations of the owner to recover the lost property in Article 107, and the rights and obligations of the owner in Article 108Bona fide acquisitionPerson's right to oppose the original right, the person who picks up Article 111Gross negligenceThe above compensation obligations, the right to claim the necessary expenses of the finder in Article 112 and the obligation of the obligee to perform the reward, and the six-month announcement period in Article 113.At the same time, the Property Law stipulates in Article 114 that the floating objects should be foundFind buried objectsOr the reference of hidden objects is applicable to the same kind of regulations, thus further improving theOwnership acquisitionSystem.
Abolish115. If the mortgaged property is in the possession and custody of the mortgagor, during the mortgage period, the mortgagor transfers the same mortgaged property to another person without the consent of the creditor, or re mortgages the part of the mortgaged property whose value has been mortgaged, his act is invalid.
When the debtor pays off the debt with collateral, if there are several collateralmortgageThe persons shall be compensated in the order in which the mortgage rights were created.
Reason for abolishment: in conflict with Articles 191 and 199 of the Property Law
Property Law: Article 191 During the mortgage period, the mortgagor shall transfer with the consent of the mortgageeMortgaged propertyThe proceeds from the transfer shall be used to pay off the debts of the mortgagee in advance or be placed in escrow.The part of the transfer price exceeding the amount of the creditor's rights shall belong to the mortgagor, and the insufficient part shall be paid off by the debtor.
During the mortgage period, the mortgagor may not transfer the mortgaged property without the consent of the mortgagee, but the transfereePay off on behalfExcept where the debt extinguishes the mortgage.
Article 199 Where the same property is mortgaged to two or more creditors, the proceeds from the auction or sale of the mortgaged property shall be used to pay off in accordance with the following provisions:
（1） If the mortgage rights have been registered, the payments shall be made in the order of registration;In the same order, according toProportion of creditor's rightsto discharge;
（2） The registered mortgage shall be paid before the unregistered mortgage;
（3） If the mortgage right has not been registered, it shall be repaid in proportion to the creditor's rights.
Explanation of the conflict: (1) As for the transfer of collateral, Article 191 of the Property Law and Article 115 of Mintong Opinion go further. Article 115 stipulates that collateral cannot be transferred to others without any other conditions, while Article 191 of the Property Law has an accident of legal transfer, see 191provisoThat is, except that the debt paid off by the transferee on behalf of the transferee extinguishes the mortgage. At the same time, the Property Law has made《guarantee law》It is different from the Guarantee Law Interpretation.According to the provisions of Article 49 of the Guarantee Law and Article 67 of the Interpretation of the Guarantee Law, the validity of the transfer of the collateral is determined by whether the collateral is registered. If it has been registered, it is invalid without notifying the mortgagee, and if it has not been registered, it can be transferred.However, the provision of Article 191 of the Property Law takes a different approach. According to this article, the mortgagor shall obtain the consent of the mortgagee to transfer the mortgaged property, unless the transferee pays off the debt on behalf of the mortgagor to eliminate the mortgage, otherwise it shall be invalid, regardless of whether the mortgaged property is registered or not.
(2) When paying off debts with collateral, Mintong Opinion 115 conflicts with Property Law 199. 115 is based on the order of collateral, while Property Law 199 stipulates that the order of payment is based on whether the collateral is registered or not, and the unregistered ones are paid according to the proportion of claims rather than the order of mortgage.
Abolition 117. Creditor's reasonsContractual relationshipIn possession of the debtor's property, if the debtor is dueNonperformanceThe creditor may retain the corresponding property.After being urged to do so, if the debtor still fails to perform its obligations within a reasonable period of time, and the creditor sells the retained property at a reasonable price in accordance with the law, the creditor shall be protected if it has the priority to be repaid with the price of the property sold.
It conflicts with Article 230, 231 and 232 of the Property Law.
Explanation of conflict: property lawLienThe scope of application has made innovative provisions.According to the provisions of Article 84 of the Guarantee Law and Articles 264, 315, 380 and 422 of the Contract Law, the lien should only be applied to those expressly stipulated by lawContractual obligationIn the type, the lien shall not be applied to the contract where the law does not clearly stipulate that the lien can be applied.However, Articles 230, 231 and 232 of the Property Law do not follow this model. Instead, they creatively stipulate that, except for those retained between enterprises, movable property is the same as creditor's rightsLegal relationsIf the law does not stipulate that no lien is allowed or the parties do not agree that no lien is allowed, the creditor can exercise the lien.In this way, the scope of application of lien extends to all creditor's rights, and is no longer limited to the former types of contractual debt.
Abolish118. The lessor shall notify the lessee three months in advance when selling the leased house, and the lessee shall enjoyRight of First Refusal；If the lessor fails to sell the house according to this provision, the lessee may request the people's court to declare thatHouse salesInvalid.
It conflicts with Article 9 of the Property Law.
Article 9RealEstate Interest The establishment, change, transfer and elimination of the "" shall become effective after being registered according to law; "";Without registration, it shall not take effect, except as otherwise provided by law.
Conflict explanation: DeleteOpinions on General Principles of Civil LawArticle 118: The lessee loses the certificatePriorityAnd the right to request the court to declare the lessor's house sale invalid,housing ownershipThe change of is effective according to the new provisions of the Property Law and registration.
Abolish177. The statute of limitations of succession shall be implemented in accordance with the provisions of the Law of Succession.butStart of inheritanceLater, the successor did not express clearlyabandon one's successionOf, asAccept inheritanceThe undivided heritage is jointly owned.Suspension of limitation of actionThe relevant provisions of the General Principles of the Civil Law shall apply to the interruption and extension.
It conflicts with Article 103 of the Property Law: if the co owners have not agreed on the common ownership of the commonly owned immovables or chattels as joint ownership or joint ownership, or the agreement is not clear, unless the co owners have family relations, it shall be deemed as joint ownership by shares.
Reason for conflict interpretation: the understanding of family relations is still controversial, and the property law has not yetjudicial interpretation。
Annulment of law
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On May 28, 2020, the Third Session of the 13th National People's Congress voted《Civil Code of the People's Republic of China》, effective as of January 1, 2021.The General Principles of the Civil Law of the People's Republic of China shall be repealed at the same time.[1]
