General Principles Of The Civil Law Of The People's Republic OF China民法(英文)

General Principles Of The Civil Law Of The People's Republic OF China

(Adopted at the Fourth Session　of　the　Sixth　National　People's
　Congress, promulgated by Order No. 37 of the　President　of　the　People's
　Republic of China on April 12, 1986, and effective as of January 1, 1987)

Contents
　Chapter I　　 Basic Principles
　Chapter II　　Citizen (Natural Person)
　　　　　　　　Section 1 Capacity for Civil Rights and Capacity for Civil
　　　　　　　　　　　　　Conduct
　　　　　　　　Section 2 Guardianship
　　　　　　　　Section 3 Declarations of Missing Persons and Death
　　　　　　　　Section 4 Individual Businesses and Leaseholding Farm
　　　　　　　　　　　　　Households
　　　　　　　　Section 5 Individual Partnership
　Chapter III　 Legal Persons
　　　　　　　　Section 1 General Stipulations
　　　　　　　　Section 2 Enterprise as Legal Person
　　　　　　　　Section 3 Official Organ, Institution and Social
　　　　　　　　　　　　　Organization as Legal Persons
　　　　　　　　Section 4 Economic Association
　Chapter IV　　Civil Juristic Acts and Agency
　　　　　　　　Section 1 Civil Juristic Acts
　　　　　　　　Section 2 Agency
　Chapter V　　 Civil Rights
　　　　　　　　Section 1 Property Ownership and Related Property Rights
　　　　　　　　Section 2 Creditors' Rights
　　　　　　　　Section 3 Intellectual Property Rights
　　　　　　　　Section 4 Personal Rights
　Chapter VI　　Civil Liability
　　　　　　　　Section 1 General Stipulations
　　　　　　　　Section 2 Civil Liability for Breach of Contract
　　　　　　　　Section 3 Civil Liability for Infringement of Rights
　　　　　　　　Section 4 Methods of Bearing Civil Liability
　Chapter VII　 Limitation of Action
　Chapter VIII　Application of Law in Civil Relations with Foreigners
　Chapter IX　　Supplementary Provisions　

Chapter I Basic Principles

Article 1
　This Law is formulated in accordance with the Constitution and the　actual
　situation in our country, drawing upon our practical experience　in　civil
　activities, for the purpose of protecting　the　lawful　civil　rights　and
　interests of citizens and legal　persons　and　correctly　adjusting　civil
　relations,　so　as　to　meet　the　needs　of　the　 developing　 socialist
　modernization.
　

Article 2
　The Civil Law of the People's Republic　of　China　shall　adjust　property
　relationships and personal relationships between civil subjects with equal
　status, that is, between　citizens,　between　legal　persons　and　between
　citizens and legal persons.
　

Article 3
　Parties to a civil activity shall have equal status.
　

Article 4
　In civil activities, the principles　of　voluntariness,　fairness,　making
　compensation for equal value, honesty and credibility shall be observed.
　

Article 5
　The lawful civil rights and interests of citizens and legal persons　shall
　be protected by law; no organization or individual may infringe upon them.
　

Article 6
　Civil activities must be in compliance with the law; where　there　are　no
　relevant provisions in the law, they shall be　in　compliance　with　state
　policies.
　

Article 7
　Civil activities shall have respect for social ethics and shall　not　harm
　the public interest, undermine state　economic　plans　or　disrupt　social
　economic order.
　

Article 8
　The law of the People's Republic of China shall apply to civil　activities
　within the People's Republic of China, except as otherwise　stipulated　by
　law.
　The stipulations of this Law as regards citizens shall apply to foreigners
　and stateless persons within the People's Republic　of　China,　except　as
　otherwise stipulated by law.　

　

Chapter II Citizen (Natural Person)

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct.

Article 9
　A citizen shall have the capacity for civil rights from birth to death and
　shall enjoy civil rights and assume civil obligations in　accordance　with
　the law.
　

Article 10
　All citizens are equal as regards their capacity for civil rights.
　

Article 11
　A citizen aged 18 or over shall be an adult. He shall have　full　capacity
　for civil conduct, may independently engage in civil activities and　shall
　be called a person with full capacity for civil conduct.
　A citizen who has reached the age of 16 but not the age of　18　and　whose
　main source of income is his own labour shall be regarded as a person with
　full capacity for civil conduct.
　

Article 12
　A minor aged 10 or over shall be a person with limited capacity for　civil
　conduct and may engage in civil activities　appropriate　to　his　age　and
　intellect; in other civil activities, he shall be represented by his agent
　ad litem or participate with the consent of his agent ad litem.
　A minor under the age of 10 shall be a person having no capacity for civil
　conduct and shall be represented in　civil　activities　by　his　agent　ad
　litem.
　

Article 13
　A mentally ill person who is unable to account for his own　conduct　shall
　be a person having no capacity for civil conduct and shall be　represented
　in civil activities by his agent ad litem.
　A mentally ill person who is unable to fully account for his　own　conduct
　shall be a person with limited capacity for civil conduct and　may　engage
　in civil activities appropriate to　his　mental　health;　in　other　civil
　activities, he shall be represented by his agent ad litem　or　participate
　with the consent of his agent ad litem.
　

Article 14
　The guardian of a person　without　or　with　limited　capacity　for　civil
　conduct shall be his agent ad litem.
　

Article 15
　The domicile of a citizen shall　be　the　place　where　his　residence　is
　registered; if his habitual residence is not the same as his domicile, his
　habitual residence shall be regarded as his domicile.　
　
　

Section 2 Guardianship

Article 16
　The parents of a minor shall be his guardians.
　If the parents of a minor are dead　or　lack　the　competence　to　be　his
　guardian, a person from the following categories who has the competence to
　be a guardian shall act as his guardian:
　(1) paternal or maternal grandparent;
　(2) elder brother or sister; or
　(3) any other closely connected relative or friend　willing　to　bear　the
　responsibility of guardianship and having approval from the units　of　the
　minor's parents or from the neighbourhood　or　village　committee　in　the
　place of the minor's residence.　In case of a dispute　over　guardianship,
　the units of the minor's parents or the neighbourhood or village committee
　in the place of his residence shall appoint　a　guardian　from　among　the
　minor's near relatives. If disagreement over the appointment　leads　to　a
　lawsuit, the people's court shall make a ruling.
　If none of the persons listed in the first two paragraphs of this　Article
　is available to be the guardian, the units of　the　minor's　parents,　the
　neighbourhood or village committee in the place of the　minor's　residence
　or the civil affairs department shall act as his guardian.
　

Article 17
　A person from the　following　categories　shall　act　as　guardian　for　a
　mentally ill person without or with limited capacity for civil conduct:
　(1) spouse;
　(2) parent;
　(3) adult child;
　(4) any other near relative;
　(5) any other closely connected relative or friend　willing　to　bear　the
　responsibility of guardianship and having approval from the unit to　which
　the mentally ill person belongs　or　from　the　neighbourhood　or　village
　committee in the place of his　residence.　 In　case　of　a　dispute　over
　guardianship, the unit to which the mentally ill　person　belongs　or　the
　neighbourhood or village committee in the place　of　his　residence　shall
　appoint a guardian from among his near relatives. If disagreement over the
　appointment leads to a lawsuit, the people's court shall make a ruling.
　If none of the persons listed in the first paragraph of　this　Article　is
　available to be the guardian, the unit to which the　mentally　ill　person
　belongs, the neighbourhood or　village　committee　in　the　place　of　his
　residence or the civil affairs department shall act as his guardian.　
　
　

Article 18
　A guardian shall fulfil his duty of guardianship and protect　the　person,
　property and other lawful rights and interests of　his　ward.　A　guardian
　shall not handle the property of his ward　unless　it　is　in　the　ward's
　interests.
　A guardian's rights to fulfil his guardianship in accordance with the　law
　shall be protected by law.
　If a guardian does not fulfil his duties as guardian or infringes upon the
　lawful rights and interests of his ward, he shall be held responsible;　if
　a guardian causes any property loss for his ward, he shall compensate　for
　such loss. The people's court may　disqualify　a　guardian　based　on　the
　application of a concerned party or unit.
　

Article 19
　A person who shares interests　with　a　mental　patient　may　apply　to　a
　people's court for a declaration that　the　mental　patient　is　a　person
　without or with limited capacity for civil conduct.
　With the recovery of the health of a person who has　been　declared　by　a
　people's court to be without or with limited capacity for　civil　conduct,
　and upon his own application or that of an interested person, the people's
　court may declare him to be a person with limited　or　full　capacity　for
　civil conduct.　
　
　

Section 3 Declarations of Missing Persons and Death

Article 20
　If a citizen's whereabouts have been unknown for two years, an　interested
　person may apply to a people's court for a declaration of the　citizen　as
　missing.
　If a person's whereabouts become unknown during a war, the calculation　of
　the time period in which his whereabouts are unknown shall　begin　on　the
　final day of the war.
　

Article 21
　A missing person's property shall be placed in the custody of his　spouse,
　parents, adult children or other closely connected relatives or friends.
　In case of a dispute over custody, if the　persons　stipulated　above　are
　unavailable or are incapable of taking such custody, the property shall be
　placed in the custody of a person appointed by　the　people's　court.　Any
　taxes, debts and other unpaid expenses owed　by　a　missing　person　shall
　defrayed by the custodian out of the missing person's property.
　

Article 22
　In the event that a person who has been declared missing reappears or　his
　whereabouts are ascertained,　the　people's　court　shall,　upon　his　own
　application or that of an interested person, revoke the declaration of his
　missing-person status.
　

Article 23
　Under either of the following　circumstances,　an　interested　person　may
　apply to the people's court for a declaration of a citizen's death:
　(1) if the citizen's whereabouts have been unknown for four years or
　(2) if the citizen's whereabouts have been unknown for two years after the
　date of an accident in which he was involved.
　If a person's whereabouts become unknown during a war, the calculation　of
　the time period in which his whereabouts are unknown shall　begin　on　the
　final day of the war.
　

Article 24
　In the event that a person who has been declared dead reappears or　it　is
　ascertained that he is alive, the　people's　court　shall,　upon　his　own
　application or that of an interested person, revoke the declaration of his
　death.
　Any civil juristic acts performed by a　person　with　capacity　for　civil
　conduct during the period in which he has　been　declared　dead　shall　be
　valid.
　

Article 25
　A person shall have the right to request the return of　his　property,　if
　the declaration of his death has been revoked. Any citizen or organization
　that has obtained such property in accordance with the Law　of　Succession
　shall return the original items or make appropriate　compensation　if　the
　original items no longer exist.　
　
　

Section 4 Individual Businesses and Leaseholding Farm Households

Article 26
　"Individual businesses" refers to business run by individual citizens　who
　have been lawfully registered and approved　to　engage　in　industrial　or
　commercial operation within the sphere permitted　by　law.　An　individual
　business may adopt a shop name.
　

Article 27
　"Leaseholding farm households" refers to members　of　a　rural　collective
　economic organization who engage in commodity production under a　contract
　and within the spheres permitted by law.
　

Article 28
　The　legitimate　rights　and　interests　of　individual　 businesses　 and
　leaseholding farm households shall be protected by law.
　

Article 29
　The debts of an individual business or a leaseholding farm household shall
　be secured with the individual's property if the business is　operated　by
　an individual and with the family's property if the business　is　operated
　by a family.　
　
　

Section 5 Individual Partnership

Article 30
　"Individual partnership" refers to two or more citizens　associated　in　a
　business　and　working　together,　with　each　providing　funds,　material
　objects, techniques and so on according to an agreement.
　

Article 31
　Partners shall make a written agreement covering　the　funds　each　is　to
　provide, the distribution of profits, the responsibility　for　debts,　the
　entering into and withdrawal from partnership, the ending　of　partnership
　and other such matters.
　

Article 32
　The property provided　by　the　partners　shall　be　under　their　unified
　management and use.　The property accumulated in a　partnership　operation
　shall belong to all the partners.
　

Article 33
　An individual partnership may adopt a shop name; it shall be approved　and
　registered in accordance with the　law　and　conduct　business　operations
　within the range as approved and registered.
　

Article 34
　The operational activities of an individual partnership shall　be　decided
　jointly by the partners, who each shall have the right to　carry　out　and
　supervise those activities. The partners may elect a responsible person.
　All partners shall bear civil liability for the operational activities　of
　the responsible person and other personnel.　
　
　

Article 35
　A partnership's debts shall be secured　with　the　partners'　property　in
　proportion　to　their　respective　contributions　to　the　investment　 or
　according to the agreement made.　Partners shall undertake joint liability
　for their partnership's debts, except as otherwise stipulated by law.　Any
　partner who overpays his share of the partnership's debts shall　have　the
　right to claim compensation from the other partners.　

　

Chapter III Legal Persons

Section 1 General Stipulations

Article 36
　A legal person shall be an organization that has capacity for civil rights
　and capacity for civil conduct and independently enjoys civil　rights　and
　assumes civil obligations in accordance with the law.
　A legal person's capacity for civil rights and capacity for civil　conduct
　shall begin when the legal person is established and shall　end　when　the
　legal person terminates.
　

Article 37
　A legal person shall have the following qualifications:
　(1) establishment in accordance with the law;
　(2) possession of the necessary property or funds;
　(3) possession of its own name, organization and premises; and
　(4) ability to independently bear civil liability.
　

Article 38
　In accordance with the law or the articles of　association　of　the　legal
　person, the responsible person who acts on behalf of the legal　person　in
　exercising its functions and powers shall be its legal representative.
　

Article 39
　A legal person's domicile shall be the place where its main administrative
　office is located.
　

Article 40
　When a legal person terminates, it shall go into liquidation in accordance
　with the law and discontinue all other activities.　
　
　

Section 2 Enterprise as Legal Person

Article 41
　An enterprise owned by the whole　people　or　under　collective　ownership
　shall be qualified as a legal person　when　it　has　sufficient　funds　as
　stipulated by the state; has articles of association, an organization　and
　premises; has the ability to independently bear civil liability;　and　has
　been approved and registered　by　the　competent　authority.　 A　Chinese-
　foreign equity joint venture, Chinese-foreign contractual joint venture or
　foreign-capital enterprise established within　the　People's　Republic　of
　China shall be qualified as　a　legal　person　in　China　if　it　has　the
　qualifications of a legal person and has been approved and　registered　by
　the administrative agency for industry and commerce in according with　the
　law.
　

Article 42
　An enterprise as legal person shall conduct operations　within　the　range
　approved and registered.　
　
　

Article 43
　An　enterprise　as　legal　person　shall　bear　civil　liability　for　the
　operational activities of its legal representatives and other personnel.
　

Article 44
　If an enterprise as legal person is divided or　merged　or　undergoes　any
　other important change, it shall register the change with the registration
　authority and publicly announce it.
　When an enterprise as legal person is divided or merged,　its　rights　and
　obligations shall be enjoyed and assumed by　the　new　legal　person　that
　results from the change.
　

Article 45
　An enterprise as legal person shall terminate for　any　of　the　following
　reasons:
　(1) if it is dissolved by law;
　(2) if it is disbanded;
　(3) if it is declared bankrupt in accordance with the law; or
　(4) for other reasons.
　

Article 46
　When an enterprise　as　legal　person　terminates,　it　shall　cancel　its
　registration with the registration authority　and　publicly　announce　the
　termination.　
　
　

Article 47
　When an enterprise as legal person is　disbanded,　it　shall　establish　a
　liquidation organization and go into liquidation. When　an　enterprise　as
　legal person is dissolved or is declared bankrupt, the competent authority
　or a people's court shall organize the organs and personnel　concerned　to
　establish a liquidation organization to liquidate the enterprise.
　

Article 48
　An enterprise owned by the whole people, as legal person, shall bear civil
　liability with the property that the state authorizes　it　to　manage.　An
　enterprise under collective ownership, as legal person, shall　bear　civil
　liability with the　property　it　owns.　A　Chinese-foreign　equity　joint
　venture, Chinese-foreign　contractual　joint　venture　or　foreign-capital
　enterprise as legal person shall bear civil liability with the property it
　owns, except as stipulated otherwise by law.
　

Article 49
　Under any of the following circumstances, an enterprise　as　legal　person
　shall bear liability, its legal representative may additionally　be　given
　administrative sanctions and fined　and,　if　the　offence　constitutes　a
　crime, criminal responsibility shall be investigated　in　accordance　with
　the law:
　(1) conducting illegal operations beyond the range approved and registered
　by the registration authority;
　(2) concealing　facts　from　the　registration　and　tax　authorities　and
　practising fraud;
　(3) secretly withdrawing funds or hiding property to　evade　repayment　of
　debts;
　(4) disposing of property without authorization after　the　enterprise　is
　dissolved, disbanded or declared bankrupt;
　(5) failing to apply for　registration　and　make　a　public　announcement
　promptly when the　enterprise　undergoes　a　change　or　terminates,　thus
　causing interested persons to suffer heavy losses;
　(6) engaging in other activities prohibited by law, damaging the interests
　of the state or the public interest.　
　
　

Section 3 Official Organ, Institution and Social Organization as Legal

　Person
　

Article 50
　An independently funded official organ　shall　be　qualified　as　a　legal
　person on the day it is established.
　If according to law an　institution　or　social　organization　having　the
　qualifications of a legal person needs not go through the　procedures　for
　registering as a legal person, it shall be qualified as a legal person　on
　the day it is established; if according to law it does need to go　through
　the registration procedures, it shall be qualified as a legal person after
　being approved and registered.　
　
　

Section 4 Economic Association

Article 51
　If a new economic entity is formed by enterprises or an enterprise and　an
　institution that engage in economic association and it independently bears
　civil liability and has the qualifications of　a　legal　person,　the　new
　entity shall be qualified as a　legal　person　after　being　approved　and
　registered by the competent authority.
　

Article 52
　If the enterprises or an enterprise and　an　institution　that　engage　in
　economic　association　conduct　joint　operation　but　do　not　have　 the
　qualifications of a legal person, each party to the association shall,　in
　proportion to its respective contribution to the investment　or　according
　to the agreement made, bear civil liability with the property　each　party
　owns or manages. If joint liability is specified by law or　by　agreement,
　the parties shall assume joint liability.
　

Article 53
　If　the　contract　for　economic　association　of　enterprises　or　of　an
　enterprise and an institution specifies　that　each　party　shall　conduct
　operations independently, it shall stipulate the rights and obligations of
　each party, and each party shall bear civil liability separately.　

　

Chapter IV Civil Juristic Acts and Agency

Section 1 Civil Juristic Acts

Article 54
　A civil juristic act shall be the lawful act of a citizen or legal　person
　to establish, change or terminate civil rights and obligations.
　

Article 55
　A civil juristic act shall meet the following requirements:
　(1) the actor has relevant capacity for civil conduct;
　(2) the intention expressed is genuine; and
　(3) the act does not violate the law or the public interest.
　

Article 56
　A civil juristic act may be in written, oral or other　form.　If　the　law
　stipulates that a particular form be adopted, such　stipulation　shall　be
　observed.
　

Article 57
　A civil juristic act shall be legally binding once it is　instituted.　The
　actor shall not alter or rescind his act except in accordance with the law
　or with the other party's consent.
　

Article 58
　Civil acts in the following categories shall be null and void:
　(1) those performed by a person without capacity for civil conduct;
　(2) those that according to law may not be independently　performed　by　a
　person with limited capacity for civil conduct;
　(3) those performed by a person against his true intentions as a result of
　cheating, coercion or exploitation of his　unfavourable　position　by　the
　other party;
　(4) those that performed through malicious collusion　are　detrimental　to
　the interest of the state, a collective or a third party;
　(5) those that violate the law or the public interest;
　(6) economic contracts that violate the state's mandatory plans; and
　(7) those that performed　under　the　guise　of　legitimate　acts　conceal
　illegitimate purposes. Civil acts that are null　and　void　shall　not　be
　legally binding from the very beginning.
　

Article 59
　A party shall have the right to request a people's court or an arbitration
　agency to alter or rescind the following civil acts:
　(1) those performed by an actor who seriously misunderstood　the　contents
　of the acts;
　(2) those that are obviously unfair.
　Rescinded civil acts shall be null and void from the very beginning.
　

Article 60
　If part of a civil act is null and void, it shall not affect the　validity
　of other parts.　
　
　

Article 61
　After a civil act has been determined to be null　and　void　or　has　been
　rescinded, the party who acquired property as a result of　the　act　shall
　return it to the party　who　suffered　a　loss.　The　erring　party　shall
　compensate the other party for the losses it suffered as a result　of　the
　act; if both sides are in error, they shall each bear their　proper　share
　of the responsibility.
　If the two sides have conspired maliciously and performed a civil act that
　is detrimental to the interests of the state,　a　collective　or　a　third
　party, the property that they thus obtained shall be recovered and　turned
　over to the state or the collective, or returned to the third party.
　

Article 62
　A civil juristic act may have conditions attached to it. Conditional civil
　juristic acts shall take effect when the relevant conditions are met.　
　
　

Section 2 Agency

Article 63
　Citizens and legal persons may perform civil juristic acts through　agents
　An agent shall perform civil juristic acts in the principal's name　within
　the scope of the power of agency. The principal shall bear civil liability
　for the agent's acts　of　agency.　Civil　juristic　acts　that　should　be
　performed by the principal himself, pursuant to legal　provisions　or　the
　agreement between the two parties, shall not be entrusted to an agent.
　

Article 64
　Agency shall include entrusted　agency,　statutory　agency　and　appointed
　agency.　An　entrusted　agent　shall　exercise　the　power　of　agency　as
　entrusted by the principal; a statutory agent shall exercise the power　of
　agency as prescribed by law; and an appointed　agent　shall　exercise　the
　power of agency as designated by a people's court or the appointing unit.
　

Article 65
　A civil juristic act may be entrusted to an agent in writing or orally. If
　legal provisions require the　entrustment　to　be　written,　it　shall　be
　effected in writing.　Where the entrustment of agency is in　writing,　the
　power of attorney shall clearly state　the　agent's　name,　the　entrusted
　tasks and the scope and duration of the power of agency, and it　shall　be
　signed or sealed by the principal.
　If the power of attorney is not clear as to the authority　conferred,　the
　principal shall bear civil liability towards　the　third　party,　and　the
　agent shall be held jointly liable.
　

Article 66
　The principal shall bear civil liability for an act performed by an　actor
　with no power of agency, beyond the scope of his power of agency or　after
　his　power　of　agency　has　expired,　only　if　he　recognizes　the　 act
　retroactively. If the act is not so recognized, the performer　shall　bear
　civil liability for it. If a principal is aware that a civil act is　being
　executed in his name but fails to　repudiate　it,　his　consent　shall　be
　deemed to have been given.
　An agent shall bear civil liability if he fails to perform his duties　and
　thus causes damage to the principal.
　If an agent and a third party in collusion harm the principal's interests,
　the agent and the third party shall be held jointly liable.
　If a third party is aware that　an　actor　has　no　power　of　agency,　is
　overstepping his power of agency, or his power of agency has　expired　and
　yet joins him in a civil act and thus brings damage to other　people,　the
　third party and the actor shall be held jointly liable.　
　
　

Article 67
　If an agent is aware that the matters　entrusted　are　illegal　but　still
　carries them out, or if a principal is aware that　his　agent's　acts　are
　illegal but fails to object to them, the principal and the agent shall　be
　held jointly liable.
　

Article 68
　If in the principal's interests an entrusted agent needs to　transfer　the
　agency to another person, he shall first obtain the principal's consent.
　If the principal's consent is not obtained in advance, the matter shall be
　reported to him promptly after the transfer, and if the principal objects,
　the agent shall bear civil liability for the acts of the transferee;
　however, an entrusted agency transferred　in　emergency　circumstances　in
　order to safeguard the principal's interests shall be excepted.
　

Article 69
　An entrusted agency shall end under any of the following circumstances:
　(1) when the period of agency expires or　when　the　tasks　entrusted　are
　completed;
　(2) when the principal rescinds the entrustment or the agent declines　the
　entrustment;
　(3) when the agent dies;
　(4) when the principal loses his capacity for civil conduct; or
　(5) when the principal or the agent ceases to be a legal person.
　

Article 70
　A statutory or appointed agency shall　end　under　any　of　the　following
　circumstances:
　(1) when the principal gains or recovers capacity for civil conduct;
　(2) when the principal or the agent dies;
　(3) when the agent loses capacity for civil conduct;
　(4) when the people's court or the unit that appointed the agent　rescinds
　the appointment; or
　(5) when the guardian relationship between the　principal　and　the　agent
　ends for other reasons.　

　

Chapter V Civil Rights

Section 1 Property Ownership and Related Property Rights

Article 71
　"Property　ownership"　means　the　owner's　rights　to　lawfully　possess,
　utilize, profit from and dispose of his property.
　

Article 72
　Property ownership shall not be obtained in violation of the law.
　Unless the law stipulates otherwise or the parties concerned　have　agreed
　on other arrangements, the ownership of property obtained by　contract　or
　by other　lawful　means　shall　be　transferred　simultaneously　with　the
　property itself.
　

Article 73
　State property shall be owned by the whole people.
　State property is sacred and inviolable, and no organization or individual
　shall be allowed to seize, encroach　upon,　privately　divide,　retain　or
　destroy it.
　

Article 74
　Property of collective organizations of the working masses shall be　owned
　collectively by the working masses. This shall include:
　(1) land, forests, mountains, grasslands, unreclaimed　land,　beaches　and
　other areas that are stipulated by law to be under collective ownership;
　(2) property of collective economic organizations;
　(3) collectively owned buildings, reservoirs, farm　irrigation　facilities
　and　educational,　scientific,　cultural,　 health,　 sports　 and　 other
　facilities; and (4) other property that is collectively owned.
　Collectively owned　land　shall　be　owned　collectively　by　the　village
　peasants in accordance with the law and shall be　worked　and　managed　by
　village　 agricultural　 production　 cooperatives,　　other　　collective
　agricultural economic organizations or villages' committees. Land　already
　under the ownership of the township (town) peasants'　collective　economic
　organizations may be collectively owned by the peasants　of　the　township
　(town). Collectively owned property shall be　protected　by　law,　and　no
　organization or individual may seize,　encroach　upon,　privately　divide,
　destroy or illegally seal up, distrain, freeze or confiscate it.
　

Article 75
　A citizen's personal property shall include his　lawfully　earned　income,
　housing, savings, articles for daily use, objects d'art, books,　reference
　materials, trees, livestock, as　well　as　means　of　production　the　law
　permits a citizen to possess and other lawful property. A citizen's lawful
　property shall be protected by law, and no organization or individual　may
　appropriate, encroach upon, destroy or illegally seal up, distrain, freeze
　or confiscate it.　
　
　

Article 76
　Citizens shall have the right of inheritance under the law.
　

Article 77
　The　lawful　property　of　social　 organizations,　 including　 religious
　organizations, shall be protected by law.
　

Article 78
　Property may be owned jointly by two or more citizens or legal persons.
　There shall be two kinds of joint ownership, namely co-ownership by shares
　and common ownership. Each of the co-owners　by　shares　shall　enjoy　the
　rights and　assume　the　obligations　respecting　the　joint　property　in
　proportion to his share. Each of the common owners shall enjoy the　rights
　and assume the obligations respecting the joint property.　 Each　co-owner
　by shares shall have the right to withdraw his　own　share　of　the　joint
　property or transfer its ownership. However, when he offers　to　sell　his
　share, the other co-owners shall have a right of pre-emption if all　other
　conditions are equal.
　

Article 79
　If the owner of a buried or concealed object is unknown, the object　shall
　belong to the state. The unit that receives the object　shall　commend　or
　give a material reward to the unit or individual that turns in the object.
　Lost-and-found objects, flotsam and stray animals　shall　be　returned　to
　their rightful owners, and any costs thus incurred shall be reimbursed　by
　the owners.
　

Article 80
　State-owned land may be used according to law by units under ownership　by
　the whole people; it may also be lawfully assigned for use by units　under
　collective ownership.　The state shall protect the usufruct of　the　land,
　and the usufructuary shall be obligated to manage,　protect　and　properly
　use the land.
　The right of citizens and collectives to contract for management　of　land
　under collective ownership or of state-owned　land　under　collective　use
　shall be　protected　by　law.　The　rights　and　obligations　of　the　two
　contracting　parties　shall　be　stipulated　in　the　contract　signed　in
　accordance with the law.
　Land may not be sold, leased, mortgaged or illegally　transferred　by　any
　other means.　
　
　

Article 81
　State-owned forests, mountains,　grasslands,　unreclaimed　land,　beaches,
　water surfaces and other natural resources may be used according to law by
　units under ownership by the whole people; or they may　also　be　lawfully
　assigned for use by units under　collective　ownership.　The　state　shall
　protect the usufruct of those resources, and　the　usufructuary　shall　be
　obliged to manage, protect and properly use them.
　State-owned mineral resources may be mined according to law by units under
　ownership by the whole people and units under collective ownership;
　citizens may also lawfully mine such resources. The　state　shall　protect
　lawful mining rights.
　The right of　citizens　and　collectives　to　lawfully　contract　for　the
　management of forests, mountains, grasslands,　unreclaimed　land,　beaches
　and water surfaces that are owned by collectives or owned by the state but
　used by collectives shall be protected by law. The rights and　obligations
　of the two contracting parties shall be　stipulated　in　the　contract　in
　accordance with the law.
　State-owned　mineral　resources　and　waters　as　well　as　forest　 land,
　mountains, grasslands, unreclaimed land and beaches owned by the state and
　those that are lawfully owned by collectives　may　not　be　sold,　leased,
　mortgaged or illegally transferred by any other means.
　

Article 82
　Enterprises under ownership by the whole people shall lawfully　enjoy　the
　rights of management over property that the state has authorized　them　to
　manage and operate, and the rights shall be protected by law.　
　
　

Article 83
　In the spirit of helping production, making things convenient for people's
　lives,　enhancing　unity　and　mutual　assistance,　and　being　fair　 and
　reasonable, neighbouring　users　of　real　estate　shall　maintain　proper
　neighbourly　relations　over　such　matters　as　water　supply,　drainage,
　passageway, ventilation and lighting. Anyone　who　causes　obstruction　or
　damage to his　neighbour,　shall　stop　the　infringement,　eliminate　the
　obstruction and compensate for the damage.　
　
　Section 2 Creditors' Rights
　

Article 84
　A debt　represents　a　special　relationship　of　rights　and　obligations
　established between the parties concerned, either according to the　agreed
　terms of a contract or legal provisions. The party entitled to the　rights
　shall be the creditor, and the party assuming the obligations shall be the
　debtor.
　The creditor shall have the right to demand that　the　debtor　fulfil　his
　obligations as specified by the contract or according to legal provisions.
　

Article 85
　A contract shall be an agreement whereby the parties establish, change　or
　terminate their civil relationship. Lawfully established　contracts　shall
　be protected by law.
　

Article 86
　When there are two or more creditors to a deal,　each　creditor　shall　be
　entitled to rights in proportion to his proper share of the　credit.　When
　there are two or　more　debtors　to　a　deal,　each　debtor　shall　assume
　obligations in proportion to his share of the debt.
　

Article 87
　When there are two or more creditors or debtors to a　deal,　each　of　the
　joint creditors shall be entitled to demand that　the　debtor　fulfil　his
　obligations, in accordance with legal provisions or the agreement　between
　the parties; each of the joint debtors shall be　obliged　to　perform　the
　entire debt, and the debtor who performs the entire debt shall be entitled
　to ask the other joint debtors to reimburse him for their　shares　of　the
　debt.　
　
　

Article 88
　The parties to a contract shall fully fulfil their obligations pursuant to
　the terms of the contract.
　If a contract contains ambiguous terms regarding quality, time　limit　for
　performance, place of performance, or　price,　and　the　intended　meaning
　cannot be determined from the context of relevant terms in　the　contract,
　and if the parties cannot reach an　agreement　through　consultation,　the
　provisions below shall apply:
　(1) If quality requirements are unclear,　state　quality　standards　shall
　apply; if there are no state quality standards, generally　held　standards
　shall apply.
　(2) If the time limit for performance is unclear, the debtor　may　at　his
　convenience fulfill his obligations towards the creditor; the creditor may
　also demand at any time that　the　debtor　perform　his　obligations,　but
　sufficient notice shall be given to the debtor.
　(3) If the place of performance is unclear, and the payment is money,　the
　performance shall be effected at the seat or place　of　residence　of　the
　party receiving the payment; if the　payment　is　other　than　money,　the
　performance shall be effected at the seat or place　of　residence　of　the
　party fulfilling the obligations.
　(4) If the price agreed by the parties is unclear, the　state-fixed　price
　shall apply. If there is no state-fixed price, the price shall be based on
　market price or the price of a　similar　Article　or　remuneration　for　a
　similar service.
　If the contract does not contain an agreed term regarding rights to patent
　application, any party who has completed an invention-creation shall　have
　the right to apply for a patent.
　If the contract does not contain an agreed term regarding rights to patent
　application, and technological research achievements,　the　parties　shall
　all have the right to use such achievements.　
　
　

Article 89
　In accordance with legal provisions the agreement between the　parties　on
　the performance of a debt may be guaranteed using the methods below:
　(1) A guarantor may guarantee　to　the　creditor　that　the　debtor　shall
　perform his debt. If the debtor defaults, the guarantor shall perform　the
　debt or bear joint liability according to agreement. After performing　the
　debt, the guarantor shall have the　right　to　claim　repayment　from　the
　debtor.
　(2) The debtor or a third party may offer a specific property as a pledge.
　If the debtor defaults, the creditors shall be entitled to keep the pledge
　to offset the debt or have priority in satisfying his　claim　out　of　the
　proceeds　from　the　sale　of　the　pledge　pursuant　to　relevant　 legal
　provisions.
　(3) Within the limits of relevant legal provisions, a party　may　leave　a
　deposit with the other party. After the debtor has　discharged　his　debt,
　the deposit shall either be retained as partial payment of the debt or　be
　returned. If the party who leaves the deposit defaults, he　shall　not　be
　entitled to demand the return of the deposit; if the party who accepts the
　deposit defaults, he shall repay the deposit in double.
　(4) If a party has possession of the other party's property　according　to
　contract and the other party violates the contract by　failing　to　pay　a
　required sum of money within the specified time limit, the possessor shall
　have a lien on the property and may keep the retained property　to　offset
　the debt or have priority in satisfying his claim out of the proceeds from
　the sale of the property pursuant to relevant legal provisions.　
　
　

Article 90
　Legitimate loan relationships shall be protected by law.
　

Article 91
　If a party to a contract transfers all or part of his　contractual　rights
　or obligations to a third party, he shall obtain the other party's consent
　and may not seek profits therefrom. Contracts　which　according　to　legal
　provisions are subject to state　approval,　such　as　transfers,　must　be
　approved by the authority that originally approved　the　contract,　unless
　the law or the original contract stipulates otherwise.
　

Article 92
　If profits are acquired improperly and without a lawful　basis,　resulting
　in another person's loss, the illegal profits shall　be　returned　to　the
　person who suffered the loss.
　

Article 93
　If a person acts as manager or　provides　services　in　order　to　protect
　another person's　interests　when　he　is　not　legally　or　contractually
　obligated to do so, he shall be entitled to claim from the beneficiary the
　expenses necessary for such assistance.　
　
　Section 3 Intellectual Property Rights
　

Article 94
　Citizens and legal persons shall enjoy rights of authorship (copyrights)
　and shall be entitled to sign their names as authors,　issue　and　publish
　their works and obtain remuneration in accordance with the law.
　

Article 95
　The patent rights lawfully obtained by citizens and legal persons shall be
　protected by law.
　

Article 96
　The rights to exclusive use　of　trademarks　obtained　by　legal　persons,
　individual businesses and individual partnerships shall　be　protected　by
　law.
　

Article 97
　Citizens　who　make　discoveries　shall　be　entitled　to　the　rights　of
　discovery. A discoverer shall have the right　to　apply　for　and　receive
　certificates of discovery, bonuses or other awards.
　Citizens who make inventions　or　other　achievements　in　scientific　and
　technological research shall have the　right　to　apply　for　and　receive
　certificates of honour, bonuses or other awards.　
　
　Section 4 Personal Rights
　

Article 98
　Citizens shall enjoy the rights of life and health.
　

Article 99
　Citizens shall enjoy the right of personal name and shall be　entitled　to
　determine, use or change their personal names in accordance with　relevant
　provisions. Interference with, usurpation of and false　representation　of
　personal names shall be prohibited.　Legal persons, individual　businesses
　and individual partnerships shall enjoy the right of name. Enterprises　as
　legal persons, individual businesses　and　individual　partnerships　shall
　have the right to use and lawfully assign their own names.
　

Article 100
　Citizens shall enjoy the right of portrait.
　The use of a citizen's portrait for profit without his　consent　shall　be
　prohibited.
　

Article 101
　Citizens and legal persons　shall　enjoy　the　right　of　reputation.　The
　personality of citizens shall be protected by law, and the use of insults,
　libel or other means to damage the reputation of citizens or legal persons
　shall be prohibited.
　

Article 102
　Citizens and legal persons shall enjoy the right of honour.　It　shall　be
　prohibited to unlawfully　divest　citizens　and　legal　persons　of　their
　honorary titles.
　

Article 103
　Citizens shall enjoy the right of marriage by choice. Mercenary marriages,
　marriages upon arbitrary decision by any third party and any other acts of
　interference in the freedom of marriage shall be prohibited.
　

Article 104
　Marriage, the family, old people, mothers and children shall be　protected
　by law. The lawful rights　and　interests　of　the　handicapped　shall　be
　protected by law.
　

Article 105
　Women shall enjoy equal civil rights with men.　

　

Chapter VI Civil Liability

　Section 1 General Stipulations
　

Article 106
　Citizens and legal persons who breach a contract or fail to　fulfil　other
　obligations shall bear civil liability.
　Citizens and legal persons who through their fault encroach upon state　or
　collective property or the property or person of other people　shall　bear
　civil liability.　Civil liability shall still be borne even in the absence
　of fault, if the law so stipulates.
　

Article 107
　Civil liability shall not be borne for failure to perform　a　contract　or
　damage to a third party if it　is　caused　by　force　majeure,　except　as
　otherwise provided by law.
　

Article 108
　Debts shall　be　cleared.　If　a　debtor　is　unable　to　repay　his　debt
　immediately, he may repay by instalments with the consent of the　creditor
　or a ruling by a people's court.　If a debtor is capable of　repaying　his
　debt but refuses to do so, repayment shall be compelled by the decision of
　a people's court.
　

Article 109
　If a person suffers damages from preventing or　stopping　encroachment　on
　state or collective property, or the property or person of a third　party,
　the　infringer　shall　bear　responsibility　for　compensation,　and　 the
　beneficiary may also give appropriate compensation.
　

Article 110
　Citizens or legal persons who bear civil liability shall also be held　for
　administrative responsibility if　necessary.　If　the　acts　committed　by
　citizens and legal persons constitute crimes, criminal　responsibility　of
　their legal representatives shall be investigated in accordance　with　the
　law.　
　
　Section 2 Civil Liability for Breach of Contract
　

Article 111
　If a party fails to fulfil its contractual　obligations　or　violates　the
　term of a contract while fulfilling the obligations, the other party shall
　have the right to demand fulfillment or the taking　of　remedial　measures
　and claim compensation for its losses.
　

Article 112
　The party that breaches a contract shall be liable for compensation　equal
　to the losses consequently suffered by the other party.
　The parties may specify in a contract　that　if　one　party　breaches　the
　contract it shall pay the other　party　a　certain　amount　of　breach　of
　contract damages; they may also specify in　the　contract　the　method　of
　assessing the compensation for any　losses　resulting　from　a　breach　of
　contract.　
　
　

Article 113
　If both parties breach the contract, each party shall bear its　respective
　civil liability.
　

Article 114
　If one party is suffering losses owing to　the　other　party's　breach　of
　contract, it shall　take　prompt　measures　to　prevent　the　losses　from
　increasing; if it does not promptly do so, it shall not have the right　to
　claim compensation for the additional losses.
　

Article 115
　A party's right to claim compensation for losses shall not be affected　by
　the alteration or termination of a contract.
　

Article 116
　If a party fails to fulfil its contractual obligations　on　account　of　a
　higher authority, it shall first compensate for the losses　of　the　other
　party or take other remedial measures as contractually agreed and then the
　higher　authority　shall　be　responsible　for　settling　the　losses　 it
　sustained.　
　
　Section 3 Civil Liability for Infringement of Rights
　

Article 117
　Anyone who encroaches on the　property　of　the　state,　a　collective　or
　another person shall return the property; failing that, he shall reimburse
　its estimated price.　Anyone who damages the　property　of　the　state,　a
　collective or another person shall restore the property　to　its　original
　condition or reimburse its estimated price. If the　victim　suffers　other
　great losses therefrom, the infringer shall compensate for those losses as
　well.
　

Article 118
　If the　rights　of　authorship　(copyrights),　patent　rights,　rights　to
　exclusive use of trademarks, rights of discovery, rights of　invention　or
　rights for scientific and technological research achievements of　citizens
　or　legal　persons　are　infringed　upon　by　such　means　as　plagiarism,
　alteration or imitation, they shall have the　right　to　demand　that　the
　infringement be stopped, its ill effects be eliminated and the damages　be
　compensated for.
　

Article 119
　Anyone who infringes upon a　citizen's　person　and　causes　him　physical
　injury shall pay his medical expenses and his loss in income due to missed
　working time and shall pay him living subsidies if he is disabled; if　the
　victim dies, the　infringe　shall　also　pay　the　funeral　expenses,　the
　necessary living expenses of the　deceased's　dependents　and　other　such
　expenses.　
　
　

Article 120
　If a citizen's right of personal name, portrait, reputation or　honour　is
　infringed upon, he shall have the right to demand that the infringement be
　stopped, his reputation be rehabilitated, the ill　effects　be　eliminated
　and an apology be made; he may also demand compensation for losses.
　The above paragraph　shall　also　apply　to　infringements　upon　a　legal
　person's right of name, reputation or honour.
　

Article 121
　If a state organ or its personnel, while executing its duties,　encroaches
　upon the lawful rights and interests of a　citizen　or　legal　person　and
　causes damage, it shall bear civil liability.
　

Article 122
　If a substandard product causes property　damage　or　physical　injury　to
　others, the manufacturer or seller shall bear civil liability according to
　law. If the transporter or storekeeper is responsible for the matter,　the
　manufacturer or seller shall have the right to demand compensation for its
　losses.
　

Article 123
　If any person causes damage to other people by engaging in operations that
　are greatly hazardous to the surroundings, such　as　operations　conducted
　high　aboveground,　or　those　involving　high　pressure,　high　 voltage,
　combustibles, explosives, highly toxic or radioactive substances or　high-
　speed means of transport, he shall bear civil liability;　however,　if　it
　can be proven that the damage was deliberately caused by　the　victim,　he
　shall not bear civil liability.
　

Article 124
　Any person who pollutes the environment and causes　damage　to　others　in
　violation　of　state　provisions　for　environmental　protection　and　the
　prevention of pollution shall bear civil liability in accordance with　the
　law.
　

Article 125
　Any constructor who engages in　excavation,　repairs　or　installation　of
　underground facilities in a public place, on a roadside or in a passageway
　without setting up clear signs and adopting safety　measures　and　thereby
　causes damage to others shall bear civil liability.
　

Article 126
　If a building or any other installation or an object placed or hung　on　a
　structure collapses, detaches or drops down and causes damage　to　others,
　its owner or manager shall bear　civil　liability,　unless　he　can　prove
　himself not at fault.　
　
　

Article 127
　If a domesticated animal causes harm to any person, its keeper or　manager
　shall bear civil liability. If the harm occurs through the　fault　of　the
　victim, the keeper or manager shall not bear civil liability; if the　harm
　occurs through the fault of a third party,　the　third　party　shall　bear
　civil liability.
　

Article 128
　A person who causes harm in exercising justifiable defence shall not　bear
　civil liability. If justifiable defence exceeds the　limits　of　necessity
　and undue harm is caused, an appropriate amount of civil　liability　shall
　be borne.
　

Article 129
　If harm occurs through emergency actions taken to avoid danger, the person
　who gave rise to the danger shall bear　civil　liability.　If　the　danger
　arose from natural causes, the person who took the emergency　actions　may
　either be exempt from civil　liability　or　bear　civil　liability　to　an
　appropriate extent. If the emergency measures taken are improper or exceed
　the limits of necessity and undue harm is caused, the person who took　the
　emergency action shall bear civil liability to an appropriate extent.
　

Article 130
　If two or more persons jointly infringe upon another person's　rights　and
　cause him damage, they shall bear joint liability.
　

Article 131
　If a victim is also at fault for causing the damage, the　civil　liability
　of the infringe may be reduced.
　

Article 132
　If none of the parties is at fault in causing damage, they may share civil
　liability according to the actual circumstances.
　

Article 133
　If a person without or with limited　capacity　for　civil　conduct　causes
　damage to others, his guardian shall bear civil liability. If the guardian
　has　done　his　duty　of　guardianship,　his　civil　 liability　 may　 be
　appropriately reduced.
　If a person who has property but is without or with limited　capacity　for
　civil conduct causes damage to others, the expenses of compensation　shall
　be　paid　from　his　property.　 Shortfalls　in　such　expenses　shall　be
　appropriately compensated for by the guardian unless　the　guardian　is　a
　unit.　
　
　Section 4 Methods of Bearing Civil Liability
　

Article 134
　The main methods of bearing civil liability shall be:
　(1) cessation of infringements;
　(2) removal of obstacles;
　(3) elimination of dangers;
　(4) return of property;
　(5) restoration of original condition;
　(6) repair, reworking or replacement;
　(7) compensation for losses;
　(8) payment of breach of contract damages;
　(9) elimination of ill effects and rehabilitation of reputation; and
　(10) extension of apology.
　The above methods of bearing civil liability may be applied exclusively or
　concurrently.　When hearing civil cases, a people's court, in addition　to
　applying the above stipulations, may serve admonitions, order the offender
　to sign a pledge of　repentance,　and　confiscate　the　property　used　in
　carrying out illegal activities and the illegal income obtained therefrom.
　It may also impose fines or detentions as stipulated by law.　

　

Chapter VII Limitation of Action

Article 135
　Except as otherwise stipulated by law, the limitation of action　regarding
　applications to a people's court for protection of civil rights　shall　be
　two years.
　

Article 136
　The limitation of action　shall　be　one　year　in　cases　concerning　the
　following:
　(1) claims for compensation for bodily injuries;
　(2) sales of substandard goods without proper notice to that effect;
　(3) delays in paying rent or refusal to pay rent; or
　(4) loss of or damage to property left in the care of another person.
　

Article 137
　A limitation of action shall begin　when　the　entitled　person　knows　or
　should know that　his　rights　have　been　infringed　upon.　However,　the
　people's court shall not protect his rights if 20 years have passed　since
　the infringement. Under special　circumstances,　the　people's　court　may
　extend the limitation of action.
　

Article 138
　If a party chooses to fulfil obligations voluntarily after the　limitation
　of action has expired, he shall not be subject to the limitation.
　

Article 139
　A limitation of action shall be suspended during the last　six　months　of
　the limitation if the plaintiff cannot exercise his right of claim because
　of force majeure or other obstacles. The limitation shall　resume　on　the
　day when the grounds for the suspension are eliminated.
　

Article 140
　A limitation of action shall be discontinued if suit is brought or if　one
　party makes a claim for or agrees to fulfillment　of　obligations.　A　new
　limitation shall be counted from the time of the discontinuance.
　

Article 141
　If the law has other stipulations concerning limitation of　action,　those
　stipulations shall apply.　

　

Chapter VIII Application of Law in Civil Relations with Foreigners

Article 142
　The application of　law　in　civil　relations　with　foreigners　shall　be
　determined by the provisions in this chapter.
　If any international treaty　concluded　or　acceded　to　by　the　People's
　Republic of China contains provisions differing from those　in　the　civil
　laws　of　the　People's　Republic　of　China,　the　 provisions　 of　 the
　international treaty shall apply, unless the provisions are ones on　which
　the People's Republic of China has announced reservations.　 International
　practice may be applied to matters　for　which　neither　the　law　of　the
　People's Republic of China　nor　any　international　treaty　concluded　or
　acceded to by the People's Republic of China has any provisions.
　

Article 143
　If a citizen of the People's　Republic　of　China　settles　in　a　foreign
　country, the law of that country may be applicable as regards his capacity
　for civil conduct.
　

Article 144
　The ownership of immovable property shall be bound by the law of the place
　where it is situated.
　

Article 145
　The parties to a contract involving foreign interests may choose　the　law
　applicable　to　settlement　of　their　contractual　disputes,　except　 as
　otherwise stipulated by law.　If　the　parties　to　a　contract　involving
　foreign interests have not made a choice, the law of the country to　which
　the contract is most closely connected shall be applied.
　

Article 146
　The law of the place where an infringing act is committed shall　apply　in
　handling compensation claims for any damage caused by　the　act.　If　both
　parties are citizens of the same country or have established　domicile　in
　another country, the law of their own country or the country　of　domicile
　may be applied.
　An act committed outside the People's　Republic　of　China　shall　not　be
　treated as an infringing act if under the law of the People's Republic　of
　China it is not considered an infringing act.
　

Article 147
　The marriage of a citizen of the People's Republic of China to a foreigner
　shall be bound by the law of the place where they　get　married,　while　a
　divorce shall be bound by the law of the place where a court　accepts　the
　case.
　

Article 148
　Maintenance of a spouse after divorce shall be bound by　the　law　of　the
　country to which the spouse is most closely connected.　
　
　

Article 149
　In the statutory succession of an estate, movable property shall be　bound
　by the law of the　decedent's　last　place　of　residence,　and　immovable
　property shall be bound by the law of the　place　where　the　property　is
　situated.
　

Article 150
　The application of foreign laws or international　practice　in　accordance
　with the provisions of this chapter shall not violate the public　interest
　of the People's Republic of China.　

　

Chapter IX Supplementary provisions

Article 151
　The people's congresses of the national　autonomous　areas　may　formulate
　separate adaptive or supplementary regulations or provisions in accordance
　with the principles of this Law and in light of the characteristics of the
　local nationalities.　Those　formulated　by　the　people's　congresses　of
　autonomous regions shall be submitted in accordance with the　law　to　the
　Standing Committee of the National People's Congress for approval　or　for
　the record. Those formulated by　the　people's　congresses　of　autonomous
　prefectures or autonomous counties shall　be　submitted　to　the　standing
　committee of the people's congress in the relevant province or　autonomous
　region for approval.
　

Article 152
　If an enterprise owned by the whole people has been established　with　the
　approval of the competent authority of a province,　autonomous　region　or
　centrally administered municipality or　at　a　higher　level　and　it　has
　already been registered with the administrative agency　for　industry　and
　commerce, before this Law comes into force, it shall automatically qualify
　as a legal person without having to re-register as such.
　

Article 153
　For　the　purpose　of　this　Law,　"force　majeure"　means　unforeseeable,
　unavoidable and insurmountable objective conditions.
　

Article 154
　Time periods referred to in the Civil　Law　shall　be　calculated　by　the
　Gregorian calendar in years, months, days and hours.
　When a time period is prescribed in hours, calculation of the period shall
　begin on the prescribed hour. When a time period is　prescribed　in　days,
　months and years, the day on which the period begins shall not be　counted
　as within the period; calculation shall begin on the next day.
　If the last day of a time period falls on a Sunday or an official holiday,
　the day after the holiday shall be taken as the last day.
　The last day shall end at 24:00 hours. If business hours　are　applicable,
　the last day shall end at closing time.
　

Article 155
　In this Law, the terms "not less than,"　"not　more　than,"　"within"　and
　"expires" shall include the given figure; the terms "under"　and　"beyond"
　shall not include the given figure.
　

Article 156
　This Law shall come into force on January 1, 1987.　

Back