Chapter 1 Basic Principles
Article 1: In order to protect the legitimate civil rights and interests of citizens and legal persons, correctly adjust civil relations and adapt to socialist modernization
This law is formulated in accordance with the needs of the development of the construction industry, based on the Constitution and the actual situation of our country, and summarizing the practical experience in civil activities.
Article 2 The People's Republic of China and the Civil Law regulate the property relations and personal relations between citizens, legal persons, and citizens and legal persons who are equal subjects.
Article 3 The parties have equal status in civil activities.
Article 4 Civil activities shall follow the principles of voluntariness, fairness, compensation of equal value, and good faith.
Article 5 The legitimate civil rights and interests of citizens and legal persons are protected by law and may not be infringed upon by any organization or individual.
Article 6 Civil activities must abide by the law. If there are no provisions of the law, national policies must be observed.
Article 7 Civil activities shall respect social morality and shall not harm public interests, undermine national economic plans
or disrupt social and economic order.
Article 8 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
Except otherwise.
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 2 Citizens (Natural Persons)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct
Article 9 Citizens from birth to death, Have the capacity for civil rights, enjoy civil rights in accordance with the law
, and bear civil obligations.
Article 10 All citizens have equal civil rights and abilities.
Article 11 Citizens over the age of 18 are adults, have full capacity for civil conduct, can independently
carry out civil activities, and are persons with full capacity for civil conduct.
Citizens who are over 16 years old but under 18 years old and rely on their own labor income as their main source of living are regarded as
people with full capacity for civil conduct.
Article 12 A minor over the age of ten is a person with limited capacity for civil conduct and may engage in civil activities commensurate with his age
and intelligence; other civil activities shall be governed by Acted by his legal representative, or with the consent of his
legal representative.
Minors under the age of ten are persons without capacity for civil conduct, and their legal representatives shall act as agents for civil activities
Article 13 A mentally ill person who cannot identify his own behavior is a person without capacity for civil conduct, and his legal agent
is responsible for civil activities.
A mentally ill person who cannot fully recognize his own behavior is a person with limited capacity for civil conduct and can carry out civil activities consistent with his mental health condition; other civil activities are limited to his/her mental health. Represented by his legal representative, or with the consent of his
legal representative.
Article 14 The guardian of a person without capacity for civil conduct or a person with limited capacity for civil conduct is his legal representative
Article 15 A citizen uses the place of residence where his household registration is located as his residence. If the place of habitual residence is inconsistent with the domicile
, the place of habitual residence shall be deemed as the residence.
Section 2 Guardianship
Article 16 The parents of a minor are the guardians of the minor.
If the minor’s parents have died or have no guardianship capacity, one of the following persons with guardianship capacity shall serve as guardian:
(1) Grandparents , maternal grandparents;
(2) brothers and sisters;
(3) other close relatives and friends who are willing to assume guardianship responsibilities, with the consent of the minor’s father or mother
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The residents’ committee or village committee of the unit or the minor’s residence Agreed.
If there is a dispute over the guardianship, the unit where the minor's father or mother works or the neighborhood committee or village committee of the minor's residence
shall appoint the guardian among close relatives. If a lawsuit is filed against the designation, the decision shall be made by the People's Court
If there is no guardian specified in paragraphs 1 and 2, the unit where the minor's parents work or the residents' committee or village committee of the minor's residence shall
Or the civil affairs department serves as the guardian.
Article 17 For a mentally ill person who has no capacity for civil conduct or has limited capacity for civil conduct, the following persons shall serve as guardians:
(1) Spouse;
(2) Parents;
(3) Adult children;
(4) Other close relatives;
(5) Relationships Other close relatives and friends are willing to assume guardianship responsibilities with the consent of the mental patient's unit
or the residents' committee or village committee where he or she lives.
If there is a dispute over the appointment of a guardian, the unit where the mental patient works or the residents committee or village committee of the place of residence shall appoint the guardian among close relatives. If a lawsuit is filed against the designation, the decision shall be made by the People's Court.
If there is no guardian specified in paragraph 1, the mentally ill person's unit or residents' committee
of his or her residence, the village committee or the civil affairs department shall serve as the guardian.
Article 18: Guardians shall perform guardianship duties and protect the person, property and other legitimate rights and interests of the ward. They shall not deal with 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 a guardian fails to perform his guardianship duties or infringes upon the legitimate rights and interests of the ward, he shall bear responsibility; if he causes property damage to the ward
he shall compensate for the loss. The people's court may revoke the guardian's qualifications based on the application of the relevant person or relevant unit
.
Article 19 Interested parties of a mentally ill person may apply to the People's Court to declare the mentally ill person to be a person without capacity for civil conduct or a person with limited capacity for civil conduct.
If a person is declared by the people's court to be a person without capacity for civil conduct or a person with limited capacity for civil conduct, based on his health
recovery status and upon application by the person or an interested party, the people's court may Declare him to be a person with limited capacity for civil conduct or a person with full capacity for civil conduct.
Section 3 Declaration of Missing and Declaration of Death
Article 20 If a citizen’s whereabouts have been unknown for two years, an interested party may apply to the People’s Court to declare him missing
Tracing persons.
If a person's whereabouts are unknown during the war, the period of missing persons shall be calculated from the end of the war.
Article 21 The property of a 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, if there is no person specified above or the person specified above is incapable of custody, the person designated by the people's court shall be in custody.
The taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the missing person’s property.
Article 22 If a person who has been declared missing reappears or his whereabouts are confirmed, upon application by himself or an interested party
the people's court shall revoke his disappearance case. declare.
Article 23: If a citizen has any of the following circumstances, interested parties may apply to the People’s Court to declare him dead:
(1) The whereabouts have been unknown for four years;
(2) The whereabouts have been unknown due to an accident and the whereabouts have been unknown for two years from the date of the accident.
If a person's whereabouts are unknown during the war, the period of missing person's whereabouts shall be calculated from the end of the war.
Article 24 If a person who has been declared dead reappears or it is confirmed that he is not dead, the people's court shall revoke the declaration of his death upon application by himself or an interested party
.
Civil legal acts performed by a person with civil capacity during the period when he is declared dead are valid.
Article 25 A person whose death declaration has been revoked has the right to request the return of property. Citizens or organizations that acquire his property in accordance with the inheritance law shall return the original property; if the original property does not exist, appropriate compensation shall be given.
Section 4 Individual Industrial and Commercial Households, Rural Contracted Households
Article 26 Citizens who have been approved and registered in accordance with the law to engage in industrial and commercial operations
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, is an individual industrial and commercial household. Individual industrial and commercial households can set up a font size.
Article 27 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 contract
are rural contract operators.
Article 28 The legitimate rights and interests of individual industrial and commercial households and rural contract operators shall be protected by law.
Article 29: The debts of individual industrial and commercial households and rural contracted households shall be borne by their personal property if they are run by individuals;
if they are run by a family, they shall be borne by family property.
Section 5 Personal Partnership
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No. Article 30: An individual partnership refers to two or more citizens who, in accordance with an agreement, each provide funds, material goods, technology, etc.
to operate and work together in partnership.
Article 31 Partners shall enter into a written agreement on such matters as the amount of capital contribution, distribution of profits, liability of debts, entry into partnership, withdrawal from partnership, termination of partnership, etc.
Article 32 The property invested by the partners shall be managed and used uniformly by the partners.
The property accumulated by a partnership belongs to the partners.
Article 33: An individual partnership may establish a trade name, obtain approval and registration in accordance with the law, and engage in business within the approved and registered business scope
Article 34 The business activities of an individual partnership shall be jointly decided by the partners, and the partners shall have the
right to execute or supervise.
Partners can nominate the person in charge. All partners shall bear civil liability for the business activities of the partnership principal and other personnel.
Article 35: The partners shall be responsible for paying off the debts of a partnership with their respective
properties in accordance with their capital contribution ratio or as agreed in the agreement.
Partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. A partner who repays partnership debts in excess of
their share shall have the right to seek repayment from other partners.
Chapter 3 Legal Persons
Section 1 General Provisions
Article 36 A legal person has the capacity for civil rights and civil conduct and independently enjoys civil rights in accordance with the law.
An organization that benefits and bears civil obligations.
The civil rights capacity and civil conduct capacity of a legal person are generated when the legal person is established and are extinguished when the legal person is terminated.
Article 37 A legal person shall meet the following conditions:
(1) Established in accordance with the law;
(2) Have necessary property or funds;
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(3) Have its own name, organizational structure and location;
(4) Be able to bear civil liability independently.
Article 38 In accordance with the provisions of the law or the articles of association of a legal person, the person in charge who exercises authority on behalf of the legal person shall be the legal representative of the legal person.
Article 39 A legal person shall be domiciled at the location of its main office.
Article 40 When a legal person is terminated, it shall be liquidated in accordance with the law and cease activities outside the scope of liquidation.
Section 2 Corporate Legal Persons
Article 41 Enterprises owned by the whole people and collectively owned enterprises must have an amount of capital that complies with national regulations,
have articles of association, Organizations and sites that can independently bear civil liabilities must be approved and registered by the competent authority to obtain legal person status.
Sino-foreign joint ventures, Sino-foreign contractual joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China.
Enterprises that meet the conditions of legal persons shall be registered with the industrial and commercial administration authorities in accordance with the law. Approved registration and obtained Chinese legal person status.
Article 42: Enterprise legal persons shall engage in business within the approved and registered business scope.
Article 43 An enterprise legal person shall bear civil
responsibility for the business activities of its legal representative and other staff.
Article 44 If an enterprise legal person is divided or merged, or there are other important changes, it shall be registered with the registration authority
and announced.
When an enterprise legal person is divided or merged, its rights and obligations will be enjoyed and borne by the changed legal person.
Article 45 An enterprise legal person is terminated due to one of the following reasons:
(1) It is revoked in accordance with the law;
(2) It is dissolved;
(3) Declaration of bankruptcy in accordance with the law;
(4) Other reasons.
Article 46 When an enterprise legal person is terminated, it shall apply for deregistration to the registration authority and make an announcement.
Article 47 When an enterprise legal person is dissolved, a liquidation organization shall be established to carry out liquidation. If an enterprise legal person is revoked
or declared bankrupt, the competent authority or the people's court shall organize relevant agencies and relevant personnel to establish a liquidation organization and carry out liquidation.
Article 48 A legal person owned by the whole people shall bear civil liability with the property authorized by the state for its operation and management.
Collectively owned enterprise legal persons shall bear civil liability with the property owned by the enterprise.
Legal persons of Sino-foreign joint ventures, legal persons of Sino-foreign contractual joint ventures and legal persons of foreign-invested enterprises shall bear civil liability with the property owned by the enterprise, unless otherwise stipulated by law.
Article 49: If an enterprise legal person has any of the following circumstances, in addition to the legal person's liability, the legal representative
may be given administrative sanctions and fines. If a crime is constituted, he shall be punished in accordance with the law. Pursuing criminal liability:
(1) Engaging in illegal business beyond the business scope approved and registered by the registration authority;
(2) Concealing the true situation or committing fraud from the registration authority and tax authorities;
(3) Escape funds and conceal property to avoid debts;
(4) Dispose of property without authorization after being dissolved, revoked, or declared bankrupt;
(5) Failing to apply for registration and announcement in time when changing or terminating, causing significant losses to interested parties
;
(6) Engaging in other activities prohibited by law, causing damage National interests or social public interests.
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Section 3 Agencies, Institutions and Social Organizations Legal Persons
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Article 50: An agency with independent funds shall have the status of a legal person from the date of its establishment.
Public institutions and social groups that meet the qualifications of legal persons and do not need to register as legal persons according to law shall have the status of legal persons from the date of their establishment; if they need to register as legal persons according to law, they shall. Approved registration and obtained legal person status.
Section 4 Joint Venture
Article 51 Joint venture between enterprises or between enterprises and institutions to form a new economic entity, independent
To bear civil liability and meet the qualifications of a legal person, it must be approved and registered by the competent authority to obtain legal person qualifications.
Article 52: If there is a joint operation between enterprises or between enterprises and institutions, and they operate together and do not meet the legal person conditions
According to the proportion or agreement, civil liability shall be borne by the property owned or managed by each party. Those who bear joint and several liability in accordance with the provisions of the law or the agreement shall bear joint and several liability.
Article 53: If an enterprise or a joint operation between an enterprise and an institution operates independently
in accordance with the contract, its rights and obligations shall be stipulated in the contract. Each shall bear civil liability.
Chapter 4 Civil Legal Acts and Agency
Section 1 Civil Legal Acts
Article 54 Civil legal acts are the establishment and change of citizens or legal persons , the legal act of terminating civil rights and civil obligations
.
Article 55 Civil legal acts shall meet the following conditions:
(1) The actor has the corresponding capacity for civil conduct;
(2) Meaning Represents truth;
(3) Does not violate the law or social public interests.
Article 56 Civil legal acts may be in written form, oral form or other forms. Legal provisions
If a specific form is required, the legal provisions shall be followed.
Article 57: Civil legal acts are legally binding from the time of their establishment. The actor shall not change or terminate the contract without authorization without complying with legal provisions
or obtaining the consent of the other party.