On digital currency in general principles of civil law
Publish: 2021-05-14 11:45:22
1. Please refer to the general principles of civil law:
e to the limitation of words, the following is only a part of it< Chapter I basic principles Article 1 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 socialist modernization, this law is formulated on the basis of the Constitution and the actual situation of our country, summing up the practical experience of civil activities< Article 2 the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects< Article 3 the parties shall have equal status in civil activities< Article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value and good faith< Article 5 the legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be infringed by any organization or indivial
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests or disturb social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Article 9 a citizen shall have the capacity for civil rights from the time of birth to the time of death, and shall enjoy civil rights and bear civil obligations according to law< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem. A minor under the age of 10 is a person without capacity for civil conct, and his agent ad litem shall act for him in civil activities< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities. A mental patient who can not fully identify his own behavior is a person with limited capacity for civil conct and can carry out civil activities that are suitable for his mental health< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors. Note: if the parents of a minor have died or have no guardianship ability, the guardian shall be the one with guardianship ability among the following persons:
grandparents or maternal grandparents
elder brother and elder sister
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit of the minor's father or mother or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian
Article 17 A mentally ill person without or with limited capacity for civil conct shall have the following persons as guardians:
spouse
parents
alt children
other close relatives
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
his whereabouts have been unknown for four years
two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Article 36 a legal person is an organization that has capacity for civil rights and capacity for civil conct and independently enjoys civil rights and undertakes civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
be established according to law
have necessary property or funds
it has its own name, organization and place
be able to bear civil liability independently
Article 38 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 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall operate within the business scope approved and registered< Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members
Article 44 When an enterprise as a legal person is divided, merged or has other important changes, it shall register with the registration authority and make an announcement
the rights and obligations of the division and merger of enterprise legal person
e to the limitation of words, the following is only a part of it< Chapter I basic principles Article 1 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 socialist modernization, this law is formulated on the basis of the Constitution and the actual situation of our country, summing up the practical experience of civil activities< Article 2 the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects< Article 3 the parties shall have equal status in civil activities< Article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value and good faith< Article 5 the legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be infringed by any organization or indivial
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests or disturb social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Article 9 a citizen shall have the capacity for civil rights from the time of birth to the time of death, and shall enjoy civil rights and bear civil obligations according to law< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem. A minor under the age of 10 is a person without capacity for civil conct, and his agent ad litem shall act for him in civil activities< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities. A mental patient who can not fully identify his own behavior is a person with limited capacity for civil conct and can carry out civil activities that are suitable for his mental health< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors. Note: if the parents of a minor have died or have no guardianship ability, the guardian shall be the one with guardianship ability among the following persons:
grandparents or maternal grandparents
elder brother and elder sister
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit of the minor's father or mother or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian
Article 17 A mentally ill person without or with limited capacity for civil conct shall have the following persons as guardians:
spouse
parents
alt children
other close relatives
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
his whereabouts have been unknown for four years
two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Article 36 a legal person is an organization that has capacity for civil rights and capacity for civil conct and independently enjoys civil rights and undertakes civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
be established according to law
have necessary property or funds
it has its own name, organization and place
be able to bear civil liability independently
Article 38 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 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall operate within the business scope approved and registered< Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members
Article 44 When an enterprise as a legal person is divided, merged or has other important changes, it shall register with the registration authority and make an announcement
the rights and obligations of the division and merger of enterprise legal person
2. The general principles of the civil law of the people's Republic of China are the legal provisions made by China on some common problems in civil activities, and are the general law in the civil law system. Revised and adopted by the fourth session of the Sixth National People's Congress on April 12, 1986 and effective as of January 1, 1987. There are 9 chapters and 156 articles< Basic principles Article 1 in order to protect the legitimate civil rights and interests of citizens and legal persons, to correctly adjust civil relations, and to meet the needs of the development of socialist modernization, this law is formulated on the basis of the Constitution and the actual situation of our country, summing up the practical experience of civil activities< Article 2 the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects< Article 3 the parties shall have equal status in civil activities< Article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value and good faith< Article 5 the legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be infringed by any organization or indivial
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests or disturb social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Chapter II citizens section I capacity for civil rights and capacity for civil conct Article 9 Citizens shall have capacity for civil rights from birth to death, enjoy civil rights and bear civil obligations in accordance with the law< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem. A minor under the age of 10 is a person without capacity for civil conct, and his agent ad litem shall act for him in civil activities< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities. A mental patient who can not fully identify his own behavior is a person with limited capacity for civil conct and can carry out civil activities that are suitable for his mental health< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors. Note: if the parents of a minor have died or have no guardianship ability, the guardian shall be the one with guardianship ability among the following persons:
grandparents or maternal grandparents
elder brother and elder sister
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit of the minor's father or mother or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian
Article 17 A mentally ill person without or with limited capacity for civil conct shall have the following persons as guardians:
spouse
parents
alt children
other close relatives
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
his whereabouts have been unknown for four years
two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Article 36 a legal person is an organization that has capacity for civil rights and capacity for civil conct and independently enjoys civil rights and undertakes civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
be established according to law
have necessary property or funds
it has its own name, organization and place
be able to bear civil liability independently
Article 38 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 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall operate within the business scope approved and registered< Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members< Article 44
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests or disturb social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Chapter II citizens section I capacity for civil rights and capacity for civil conct Article 9 Citizens shall have capacity for civil rights from birth to death, enjoy civil rights and bear civil obligations in accordance with the law< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem. A minor under the age of 10 is a person without capacity for civil conct, and his agent ad litem shall act for him in civil activities< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities. A mental patient who can not fully identify his own behavior is a person with limited capacity for civil conct and can carry out civil activities that are suitable for his mental health< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors. Note: if the parents of a minor have died or have no guardianship ability, the guardian shall be the one with guardianship ability among the following persons:
grandparents or maternal grandparents
elder brother and elder sister
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit of the minor's father or mother or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian
Article 17 A mentally ill person without or with limited capacity for civil conct shall have the following persons as guardians:
spouse
parents
alt children
other close relatives
other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
his whereabouts have been unknown for four years
two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Article 36 a legal person is an organization that has capacity for civil rights and capacity for civil conct and independently enjoys civil rights and undertakes civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
be established according to law
have necessary property or funds
it has its own name, organization and place
be able to bear civil liability independently
Article 38 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 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall operate within the business scope approved and registered< Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members< Article 44
3. No, in our practice, the court generally does not support the request to pay the lawyer's fees.
4. Unknown_Error
5. Chapter I basic principles
Article 1 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 socialist modernization, this law is formulated on the basis of the Constitution and the actual situation of our country, summing up the practical experience of civil activities< Article 2 the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects< Article 3 the parties shall have equal status in civil activities< Article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value and good faith< Article 5 the legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be infringed by any organization or indivial
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests, undermine the state economic plan or disrupt social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Chapter II citizens (natural persons)
section I capacity for civil rights and capacity for civil conct
Article 9 citizens have capacity for civil rights, enjoy civil rights and undertake civil obligations according to law from the time of birth to the time of death< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem
a minor under the age of 10 is a person with no capacity for civil conct and is represented in civil activities by his legal representative< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities
the mental patient who can't fully identify his own behavior is a person with limited capacity for civil conct, and can carry out civil activities corresponding to his mental health; Other civil activities shall be represented by or with the consent of his agent ad litem< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors
if the parents of a minor have died or are incapable of guardianship, one of the following persons who is capable of guardianship shall act as guardian:
(1) grandparents or maternal grandparents
(2) elder brother and elder sister< (3) other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the minor's parents belong or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian< Article 17 A mentally ill person without or with limited capacity for civil conct shall be the guardian of the following persons:
(1) spouse< (2) parents< (3) alt children< (4) other close relatives< (5) other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
(1) his whereabouts have been unknown for four years< (2) two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Chapter III legal person section I General Provisions Article 36 a legal person is an organization with capacity for civil rights and capacity for civil conct, independently enjoying civil rights and undertaking civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
(1) it shall be established in accordance with the law< (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 the law or the articles of association of a legal person, 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall, within the business scope approved and registered, apply for registration from
Article 1 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 socialist modernization, this law is formulated on the basis of the Constitution and the actual situation of our country, summing up the practical experience of civil activities< Article 2 the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects< Article 3 the parties shall have equal status in civil activities< Article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value and good faith< Article 5 the legitimate civil rights and interests of citizens and legal persons shall be protected by law and shall not be infringed by any organization or indivial
Article 6 civil activities must comply with the law. If there are no provisions in the law, they shall comply with the state policies
Article 7 civil activities shall respect social morality and shall not damage public interests, undermine the state economic plan or disrupt social and economic order< Article 8 the laws of the people's Republic of China shall apply to civil activities within the territory of the people's Republic of China, unless otherwise stipulated by law
the provisions of this Law on citizens are applicable to foreigners and stateless persons within the territory of the people's Republic of China, unless otherwise stipulated by law< Chapter II citizens (natural persons)
section I capacity for civil rights and capacity for civil conct
Article 9 citizens have capacity for civil rights, enjoy civil rights and undertake civil obligations according to law from the time of birth to the time of death< Article 10 all citizens have equal capacity for civil rights
Article 11 a citizen over the age of 18 is an alt with full capacity for civil conct, who can conct civil activities independently and is a person with full capacity for civil conct
a citizen over the age of 16 but under the age of 18 who mainly lives on his own labor income shall be regarded as a person with full capacity for civil conct< Article 12 a minor over the age of 10 is a person with limited capacity for civil conct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by or with the consent of his agent ad litem
a minor under the age of 10 is a person with no capacity for civil conct and is represented in civil activities by his legal representative< Article 13 a mentally ill person who is unable to identify his own conct is a person without capacity for civil conct, and his legal representative shall act for him in civil activities
the mental patient who can't fully identify his own behavior is a person with limited capacity for civil conct, and can carry out civil activities corresponding to his mental health; Other civil activities shall be represented by or with the consent of his agent ad litem< Article 14 the guardian of a person without or with limited capacity for civil conct is his legal representative
fifteenth citizens are domicile in the place where their registered residence is located, where their habitual residence is different from their residence. The habitual residence is regarded as the residence. Section 2 guardianship Article 16 parents of minors are guardians of minors
if the parents of a minor have died or are incapable of guardianship, one of the following persons who is capable of guardianship shall act as guardian:
(1) grandparents or maternal grandparents
(2) elder brother and elder sister< (3) other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the minor's parents belong or the residents' committee or villagers' committee in the place where the minor lives
if there is a dispute about the guardian, the unit of the minor's father or mother, or the residents' committee or villagers' committee in the minor's place of residence, shall appoint the guardian among the close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first and second paragraphs, the unit of the minor's father or mother or the neighborhood committee, villagers' committee or civil affairs department in the minor's place of residence shall act as the guardian< Article 17 A mentally ill person without or with limited capacity for civil conct shall be the guardian of the following persons:
(1) spouse< (2) parents< (3) alt children< (4) other close relatives< (5) other close relatives or friends are willing to bear the responsibility of guardianship with the consent of the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence
if there is a dispute about the guardian, the unit to which the mental patient belongs or the residents' committee or villagers' committee in the place of residence shall appoint him among his close relatives. If a lawsuit is brought against a designated party, the people's court shall make a ruling
if there is no guardian specified in the first paragraph, the unit to which the mental patient belongs or the residents' committee, villagers' committee or civil affairs department in the place of residence shall act as the guardian
Article 18 a guardian shall perform the ty of guardianship and 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
the guardian's right to perform guardianship according to law is protected by law
if the guardian fails to perform the ty of guardianship or infringes upon the legal rights and interests of the ward, he shall be liable; If property losses are caused to the ward, compensation shall be made. The people's court may, upon the application of the relevant person or unit, revoke the guardian's qualification< Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conct
If a person is declared by the people's court to be a person without or with limited capacity for civil conct, the people's court may declare him to be a person with limited capacity for civil conct or a person with full capacity for civil conct on the basis of his health recovery and upon the application of himself or an interested party< Section 3 declaration of missing and death Article 20 If a citizen's whereabouts have not been known for two years, the interested party may apply to the people's court to declare him missing
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war< Article 21 the property of a missing person shall be in the custody of his spouse, parents, alt children or other close relatives or friends. If there is a dispute over custody, if there is no person specified above or if the person specified above is incapable of custody, the custody shall be entrusted by a person designated by the people's court
the taxes, debts and other expenses owed by the missing person shall be paid by the trustee 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 application by himself or an interested party, revoke the declaration of his disappearance< Article 23 under any of the following circumstances, an interested party may apply to the people's court for a declaration of his death:
(1) his whereabouts have been unknown for four years< (2) two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of 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 the application of himself or an interested party
the civil legal act performed by a person with civil capacity ring the period of being declared dead is valid< Article 25 a person whose declaration of death has been revoked has the right to request the return of his property. A citizen or organization that has acquired his property in accordance with the inheritance law shall return the original property; If the original does not exist, appropriate compensation shall be given< Section 4 indivial business households and rural contracted business households
Article 26 indivial business households are those whose citizens, within the scope permitted by law, have been approved and registered to engage in instrial and commercial operations. Indivial instrial and commercial households can set up shop names
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 shall be rural contract operators< Article 28 the legitimate rights and interests of indivial businesses and rural contracted operators shall be protected by law
Article 29 the debts of indivial instrial and commercial households and rural contracted operators, if operated by indivials, shall be borne by their personal property; In case of family operation, it shall be borne by family property< Section 5 indivial partnership Article 30 indivial partnership means that two or more citizens, according to the agreement, provide funds, material objects, technology, etc., jointly operate and work together
Article 31 a partner shall enter into a written agreement on the amount of capital contribution, the distribution of earnings, the assumption of debts, the entry into partnership, the withdrawal from partnership, the termination of partnership, etc
Article 32 the property invested by the partners shall be managed and used by the partners in a unified way
the property accumulated by the partnership shall be owned by the partners in common
Article 33 an indivial partnership may establish a business name and be registered in accordance with the law to engage in business within the business scope approved and registered
Article 34 the business activities of an indivial partnership shall be jointly decided by the partners, who shall have the right of execution and supervision
partners can recommend the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel
Article 35 the debt of the partnership shall be paid off by the partners with their respective property in accordance with the proportion of capital contribution or the agreement
partners shall be jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. A partner who repays the partnership debt in excess of the amount he should bear shall have the right to claim compensation from other partners< Chapter III legal person section I General Provisions Article 36 a legal person is an organization with capacity for civil rights and capacity for civil conct, independently enjoying civil rights and undertaking civil obligations according to law
the capacity for civil rights and capacity for civil conct of a legal person arises from the establishment of the legal person to the termination of the legal person< Article 37 a legal person shall meet the following conditions:
(1) it shall be established in accordance with the law< (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 the law or the articles of association of a legal person, 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 principal office is located
Article 40 when a legal person terminates, it shall carry out liquidation in accordance with the law and stop its activities beyond the scope of liquidation< Section 2 enterprise legal person Article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, have the articles of association, organizations and places, can independently bear civil liabilities, and obtain the status of legal person after being approved and registered by the competent authorities
Chinese foreign equity joint ventures, Chinese foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the people's Republic of China, which are qualified as legal persons, shall obtain the status of Chinese legal person after being approved and registered by the administrative department for Instry and Commerce in accordance with the law
Article 42 An enterprise as a legal person shall, within the business scope approved and registered, apply for registration from
6.
The paper consists of eight chapters and 200 articles
"opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of the civil law of the people's Republic of China"
Chapter I citizens
section I on capacity for civil rights and capacity for civil conct
section II on guardianship
section III on declaration of disappearance and death
Section IV on indivial businesses, private enterprises, private enterprises and private enterprises Chapter II legal person Chapter III civil legal act and agency Chapter IV Civil Rights Section I on property ownership and property rights related to property ownership section II on creditor's Rights Section III on intellectual property rights Personal rights issues
Chapter V Civil Liability
Chapter VI limitation of action
Chapter VII application of law in foreign-related civil relations
Chapter VIII other
200 and the previous relevant provisions of the Supreme People's court, which conflict with the general principles of civil law and this opinion, will no longer be applied by people's courts at all levels in the trial of civil and economic disputes in the first and second instance
7.
Article 83: the neighboring parties of a real estate shall correctly handle the neighboring relations in the aspects of water interception, drainage, passage, ventilation and lighting in accordance with the spirit of being beneficial to proction, convenient for life, unity and mutual assistance, fairness and rationality. If obstruction or loss is caused to the neighboring party, the infringement shall be stopped, the obstruction removed and the loss compensated
On May 28, 2020, the third session of the 13th National People's Congress voted and adopted the civil code of the people's Republic of China, which will come into force on January 1, 2021 The general principles of the civil law of the people's Republic of China shall be abrogated at the same time
extended materials:
related extended materials:
the civil code of the people's Republic of China is known as the "network book of social life", which is the first law named after the code in New China. It occupies a basic position in the legal system and is also the basic law of market economy There are seven parts and 1260 articles in the civil code of the people's Republic of China, each of which is in the order of general provisions, real right, contract, personality right, marriage and family, inheritance, tort liability and supplementary provisions
On May 28, 2020, the third session of the 13th National People's Congress voted and adopted the civil code of the people's Republic of China, which will come into force on January 1, 20218. The general principles of civil law has nine chapters and 156 articles.
9. Article 23 [conditions for declaration of death] if a citizen has one of the following circumstances, the interested party may apply to the people's court for declaration of his death:
(1) his whereabouts have been unknown for four years< (2) two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war<
[relevant laws and regulations]
"opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of the civil law of the people's Republic of China (for Trial Implementation)" (FA (ban) Fa [1988] No. 6, April 2, 1988)
36. For a person who is declared dead, the date of the judgment is the date of his death. In addition to issuing the written judgment to the applicant, it shall also be announced in the place where the person who has been declared dead has his domicile and the place where the people's court is located
if the time of the declared death and the natural death is inconsistent, the legal consequences caused by the declared death are still valid, but if the civil legal act performed before the natural death conflicts with the legal consequences caused by the declared death, the civil legal act performed shall prevail.
(1) his whereabouts have been unknown for four years< (2) two years from the date of the accident e to unknown whereabouts
If a person's whereabouts are unknown ring the war, the time of his whereabouts shall be counted from the date of the end of the war<
[relevant laws and regulations]
"opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of the civil law of the people's Republic of China (for Trial Implementation)" (FA (ban) Fa [1988] No. 6, April 2, 1988)
36. For a person who is declared dead, the date of the judgment is the date of his death. In addition to issuing the written judgment to the applicant, it shall also be announced in the place where the person who has been declared dead has his domicile and the place where the people's court is located
if the time of the declared death and the natural death is inconsistent, the legal consequences caused by the declared death are still valid, but if the civil legal act performed before the natural death conflicts with the legal consequences caused by the declared death, the civil legal act performed shall prevail.
10. The general principles of civil law refers to the general principles of civil law of the people's Republic of China, which is the legal provisions on some common problems in civil activities in China and the general law in the civil law system. Revised and adopted by the fourth session of the Sixth National People's Congress on April 12, 1986 and effective as of January 1, 1987. There are 9 chapters and 156 articles.
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