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Seventy-five popularization column

Civil Code of the People's Republic of China

Time: 2018-07-27 Release: Teacher He

table of Contents

Chapter I Basic Provisions

Chapter II Natural Person

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct

Section 2 Guardianship

Section 3 Declaration of Disappearance and Death

Section 4 Individual Industrial and Commercial Households and Rural Contracted Households

Chapter III Legal Person

Section I General Provisions

Section 2 For-profit legal person

Section III Nonprofit Legal Person

Section 4 Special Legal Person

Chapter IV Unincorporated Organization

Chapter V Civil Rights

Chapter VI Civil Legal Acts

Section I General Provisions

Section 2 meaning expression

Section 3 Effect of Civil Legal Acts

Section 4 Conditions and Time Limits for Civil Legal Acts

Chapter VII Agency

Section I General Provisions

Section 2 Agency

Section 3 Termination of Agency

Chapter VIII Civil Liability

Chapter IX Limitation of Action

Chapter 10 Period Calculation

Chapter XI Supplementary Provisions

Chapter I Basic Provisions

Article 1 In order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, promote the core values of socialism, and formulate this law in accordance with the Constitution.

Article 2 The Civil Law regulates the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects.

Article 3: The personal rights, property rights, and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe.

Article 4: The legal status of civil subjects in civil activities shall be equal.

Article 5: In engaging in civil activities, a civil subject shall follow the principle of voluntariness and establish, alter, or terminate a civil legal relationship in accordance with its own will.

Article 6: In engaging in civil activities, civil subjects shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7: In engaging in civil activities, civil subjects shall abide by the principle of good faith, uphold honesty, and abide by their commitments.

Article 8: A civil subject engaging in civil activities shall not violate the law or violate public order and customs.

Article 9: Civil entities engaging in civil activities shall be conducive to saving resources and protecting the ecological environment.

Article 10: The handling of civil disputes shall be in accordance with the law; if there is no law, custom may be applied, but it shall not violate public order and good customs.

Article 11: Where other laws have special provisions on civil relations, such provisions shall be followed.

Article 12: For civil activities in the territory of the People's Republic of China, the laws of the People's Republic of China shall apply. If the law provides otherwise, such provisions shall be followed.

Chapter II Natural Person

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct

Article 13: Natural persons have the capacity of civil rights from birth to death, enjoy civil rights in accordance with law, and assume civil obligations.

Article 14: The capacity of civil rights of natural persons shall be equal.

Article 15: The time of birth and death of a natural person shall be based on the time recorded in the birth certificate or death certificate; if there is no birth certificate or death certificate, the time recorded in household registration or other valid identity registration shall prevail. If there is other evidence sufficient to overturn the time recorded above, the time proven by the evidence shall prevail.

Article 16 (1) Where the protection of the interests of a fetus such as inheritance of inheritance, acceptance of gifts, etc., the fetus is deemed to have capacity for civil rights. However, if the fetus is born dead, its capacity for civil rights does not exist from the beginning.

Article 17 Natural persons over the age of 18 are adults. Natural persons under the age of eighteen are minors.

Article 18: An adult is a person with full capacity for civil conduct and may independently carry out civil legal acts.

Minors over 16 years of age who use their labor income as the main source of life shall be considered as persons with full capacity for civil conduct.

Article 19 Minors over the age of eight are persons with limited capacity for civil conduct, and their civil legal acts shall be represented by their legal agents or approved and ratified by their legal agents. Civil and legal acts appropriate to age and intelligence.

Article 20 : Minors under eight years of age are persons with no capacity for civil conduct, and their legal agents shall perform civil legal acts on their behalf.

Article 21: An adult whose behavior cannot be identified is a person without civil capacity, and his legal agent shall perform the civil legal act on his behalf.

If a minor over the age of eight cannot recognize his behavior, the provisions of the preceding paragraph shall apply.

Article 22 An adult who cannot fully recognize his or her behavior is a person with limited capacity for civil conduct. The civil legal act shall be performed by his legal agent or approved and ratified by his legal agent. Or civil legal acts appropriate to their mental and mental health.

Article 23 The guardian of a person without or with limited capacity for civil conduct shall be his legal representative.

Article 24. For an adult who cannot identify or fully recognize his behavior, his interested parties or relevant organizations may apply to the people's court for the determination of the adult as a person without or with limited capacity for civil conduct.

If it is determined by the people's court as a person with no capacity for civil conduct or a person with limited capacity for civil conduct, upon application by himself, an interested person, or a relevant organization, the people's court may determine that the adult is restored to restricted civil capacity based on his state of intellectual and mental health Persons of capacity or persons with full capacity for civil conduct.

Relevant organizations specified in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, elderly organizations established in accordance with law, and civil affairs departments.

Article 25: A natural person uses his domicile or other valid identity to record his residence as his domicile; if his habitual residence is inconsistent with his domicile, the habitual residence is regarded as his residence.

Section 2 Guardianship

Article 26. Parents have the obligation to raise, educate and protect their minor children.

Adult children have the obligation to support, support and protect their parents.

Article 27: Parents are guardians of minor children.

If the minor's parents have died or have no guardianship, the following persons with guardianship can serve as guardians in order:

(1) grandparents, grandparents;

(2) brother and sister;

(3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents 'committee, villagers' committee or civil affairs department where the minor's residence is located.

Article 28: For adults without or with limited capacity for civil conduct, the following persons with guardianship shall act as guardians in order:

(1) spouse;

(2) parents and children;

(3) other close relatives;

(4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents committee, village committee or civil affairs department where the guardian lives.

Article 29. Where the guardian's parents serve as guardians, the guardian may be appointed by a will.

Article 30: Those who have the qualifications for guardianship according to law may agree to determine guardians. The agreement determines that the guardian should respect the true will of the guardian.

Article 31 If there is a dispute over the determination of a guardian, the resident committee, village committee or civil affairs department of the guardian's domicile shall appoint a guardian. If the parties concerned are not satisfied with the designation, they may apply to the people's court for the designation of a guardian; the relevant party may also directly Apply to the people's court for the appointment of a guardian.

Residents 'committees, villagers' committees, civil affairs departments or people's courts shall respect the true wishes of their guardians, and designate guardians among those who have legal guardianship in accordance with the principles that are most beneficial to their guardians.

Before the guardian's personal rights, property rights, and other legitimate rights and interests are left unprotected before the guardian is appointed in accordance with the first paragraph of this article, the resident committee, village committee, relevant organization prescribed by law, or the civil affairs department of the guardian's domicile shall be in charge. Temporary guardian.

After the guardian is appointed, it shall not be changed without authorization; if the guardian is changed without authorization, the responsibility of the designated guardian shall not be relieved.

Article 32 (1) In the case of a person who does not have the qualification for guardianship according to law, the guardian shall be assumed by the civil affairs department, or it may be performed by the residents' committee or village committee of the place where the guardian's domicile is qualified to perform the duties of guardianship.

Article 33: An adult with full capacity for civil conduct may negotiate with his close relatives, other individuals or organizations willing to serve as guardians in advance, and determine his guardian in writing. The guardian determined through consultation shall perform guardianship duties when the adult loses or partially loses his capacity for civil conduct.

Article 34 The duty of a guardian is to perform civil legal acts on behalf of the guardian, and to protect the guardian's personal rights, property rights, and other legal rights.

The rights of guardians to perform guardianship duties in accordance with law are protected by law.

A guardian who fails to perform guardianship duties or infringes on the legal rights and interests of the guardian shall bear legal responsibility.

Article 35: The guardian shall perform guardianship duties in accordance with the principles most beneficial to the guardian. The guardian shall not dispose of the property of the guardian except to protect the interests of the guardian.

When a guardian of a minor performs his guardianship duties, when making a decision related to the interests of the guardian, he shall respect the true wishes of the guardian according to the age and intellectual status of the guardian.

The guardian of an adult performing guardianship duties shall respect the true will of the guardian to the greatest extent, guarantee and assist the guardian in carrying out civil legal acts that are compatible with his intelligence and mental health. The guardian shall not interfere in matters that the guardian has the ability to handle independently.

Article 36 If a guardian has any of the following circumstances, the people's court shall revoke his guardianship qualifications, arrange necessary temporary guardianship measures, and designate a guardian according to law in accordance with the principles that are most beneficial to the guardian:

(1) committing acts that seriously damage the physical and mental health of the guardian;

(2) failing to perform guardianship duties, or failing to perform guardianship duties, and refusing to entrust some or all of the guardianship duties to others, resulting in the guardian's distress;

(3) Other acts that seriously infringe upon the legal rights and interests of the guardian.

The relevant individuals and organizations stipulated in this article include: other persons who have legal custody status, residents committees, village committees, schools, medical institutions, women's federations, disabled persons' federations, minor protection organizations, legally-established elderly organizations, Civil affairs department, etc.

If the individuals and organizations other than the civil affairs department specified in the preceding paragraph fail to apply to the people's court for the cancellation of guardianship in a timely manner, the civil affairs department shall apply to the people's court.

Article 37 Parents, children, spouses, etc. who bear the guardian's maintenance, alimony, and maintenance fees in accordance with the law shall continue to perform their obligations after being disqualified by the people's court as a guardian.

Article 38 After the guardian's parents or children have been disqualified by the people's court, in addition to committing a deliberate crime against the guardian, if there is indeed a manifestation of repentance, upon their application, the people's court may respect the true wishes of the guardian The guardianship of the guardian appointed by the people's court and the guardian shall be terminated at the same time.

Article 39 The guardianship relationship is terminated in any of the following circumstances:

(1) The guardian acquires or restores full capacity for civil conduct;

(2) the guardian loses guardianship;

(3) the death of the guardian or guardian;

(4) Other circumstances in which the people's court determines that the guardianship relationship has terminated.

After the guardianship relationship is terminated, if the guardian still needs guardianship, the guardian shall be separately determined according to law.

Section 3 Declaration of Disappearance and Death

Article 40 If the whereabouts of a natural person is unknown for two years, an interested person may apply to the people's court to declare the natural person as a missing person.

Article 41: The time when a natural person's whereabouts are unknown is counted from the date on which he loses information. If the whereabouts are unknown during the war, the unknown time shall be calculated from the day when the war ends or the unknown where determined by the relevant authority.

Article 42 The property of a missing person shall be managed by his / her spouse, adult children, parents, or other persons who are willing to act as property custodians.

If the escrow is controversial and there is no person specified in the preceding paragraph, or if the person provided in the preceding paragraph does not have the escrow capacity, the person designated by the people's court shall escrow it.

Article 43: The property custodian shall properly manage the property of the missing person and safeguard their property rights.

The tax owed, debts and other expenses payable by the missing person shall be paid by the property custodian from the property of the missing person.

The property custodian shall be liable for compensation if the property of the missing person is lost due to intentional or gross negligence.

Article 44: If the property custodian fails to perform the duties of escrow, infringes on the property rights of the missing person, or loses the ability to take charge of the escrow, the interested person of the missing person may apply to the people's court for changing the property custodian.

If the property custodian has justified reasons, he may apply to the people's court for a change of the property custodian.

If the people's court changes the property custodian, the changed property custodian has the right to request the original property custodian to hand over the relevant property in a timely manner and report the situation of the property custodian.

Article 45: If the missing person reappears, the people's court shall revoke the declaration of disappearance upon the application of himself or an interested person.

The missing person reappears and has the right to require the property custodian to hand over the relevant property in a timely manner and report the situation of the property escrow.

Article 46 If a natural person has any of the following circumstances, an interested person may apply to the people's court to declare the death of the natural person:

(1) where his whereabouts are unknown for four years;

(2) Due to an accident, his whereabouts are unknown for two years.

If the whereabouts of the natural person are unknown due to an accident, and the relevant person proves that the natural person cannot survive, the application for declaration of death is not subject to the two-year limit.

Article 47: For the same natural person, some interested persons apply for declaration of death, some interested persons apply for declaration of disappearance, and the people's court shall declare death if they meet the conditions for the declaration of death provided for in this Law.

Article 48: For a person who has been declared dead, the date on which the people's court pronounces the death sentence is deemed to be the date of his death; if the whereabouts of the accident is unknown and the death is declared, the date of the accident is deemed to be the date of his death.

Article 49. Where a natural person is declared dead but has not died, it will not affect the effectiveness of the civil legal acts performed by the natural person during the period of declared death.

Article 50: The person who has been declared dead reappears, and upon application by himself or an interested party, the people's court shall revoke the declaration of death.

Article 51 The marital relationship of a person who has been declared dead shall be eliminated from the date of the declaration of death. If the death declaration is revoked, the marriage relationship shall be restored by itself from the date of the death declaration being revoked, except that the spouse remarries or a written statement to the marriage registration authority is unwilling to resume.

Article 52: Where a person who has been declared dead has adopted a child in accordance with law during the period of his death, he shall not claim that the adoption relationship is invalid without his consent after the death declaration has been revoked.

Article 53: A person whose declaration of death has been revoked has the right to request the return of the property from a civil subject who has obtained his property in accordance with the inheritance law. If it cannot be returned, appropriate compensation shall be given.

Where an interested party conceals the true situation and causes another person to be declared dead and obtain his property, he shall be liable for compensation for the losses caused in addition to the property.

Section 4 Individual Industrial and Commercial Households and Rural Contracted Households

Article 54: Natural persons engaged in industrial and commercial operations shall be registered as individual industrial and commercial households in accordance with the law. Individual industrial and commercial households can be named.

Article 55: A member of a rural collective economic organization who has obtained the right to manage rural land in accordance with the law, and who engages in household contractual management shall be a rural contracted household.

Article 56. The debts of individual industrial and commercial households shall be borne by personal property if they are run by individuals; those run by a family shall be borne by family property;

The debts of rural contracted business households shall be borne by the property of rural households engaged in rural land contracted management; in fact, if they are operated by some members of rural households, they shall be borne by the property of those members.

Chapter III Legal Person

Section I General Provisions

Article 57 A legal person is an organization that has capacity for civil rights and capacity for civil conduct, independently enjoys civil rights and assumes civil obligations in accordance with law.

Article 58 A legal person shall be established in accordance with law.

A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

If a legal person is to be established, the relevant laws and administrative regulations require the approval of the relevant authorities, in accordance with its provisions.

Article 59 The capacity for civil rights and capacity for civil conduct of a legal person shall arise from the establishment of the legal person and shall be eliminated upon termination of the legal person.

Article 60: A legal person shall bear civil liability independently with all its property.

Article 61 (1) The person in charge of engaging in civil activities on behalf of a legal person shall be the legal representative of the legal person in accordance with the law or the articles of association of the legal person.

The legal consequences of civil activities carried out by the legal representative in the name of a legal person shall be borne by the legal person.

The legal person's articles of association or the restriction of the legal person's authority on the legal representative's right to represent shall not oppose a bona fide counterparty.

Article 62: Where the legal representative causes damage to others due to the performance of his duties, the legal person shall bear civil liability.

After a legal person bears civil liability, it may, in accordance with the provisions of the law or the legal person's articles of association, recover from the legal representative with fault.

Article 63: A legal person shall have its main office as the residence. Where legal person registration is required according to law, the location of the main office shall be registered as the domicile.

Article 64 Any change in the registration items during the existence of a legal person shall apply to the registration authority for change registration in accordance with the law.

Article 65 Where the actual situation of a legal person is inconsistent with the registered matters, it shall not be opposed to a good-faith counterparty.

Article 66: The registration authority shall publicize the relevant information of legal person registration in a timely manner in accordance with the law.

Article 67 When a legal person merges, its rights and obligations shall be enjoyed and assumed by the merged legal person.

If a legal person is divided, its rights and obligations shall be subject to joint claims and the joint and several liabilities shall be assumed by the divided legal person, unless the creditor and the debtor agree otherwise.

Article 68 A legal person shall terminate if there is one of the following reasons and the liquidation or cancellation of registration is completed according to law:

(1) the legal person is dissolved;

(2) The legal person is declared bankrupt;

(3) Other reasons stipulated by law.

If a legal person terminates, laws and administrative regulations require approval from the relevant authorities, in accordance with its provisions.

Article 69 A legal person shall be dissolved under any of the following circumstances:

(1) The expiration of the duration specified in the legal person's articles of association or other reasons for dissolution as specified in the legal person's articles of association;

(2) the legal person's authority is resolved to dissolve;

(3) dissolution due to the merger or division of legal persons;

(4) Legal persons whose business licenses and registration certificates have been revoked according to law are ordered to be closed or revoked;

(5) Other circumstances required by law.

Article 70 In the event of dissolution of a legal person, the liquidation obligor shall form a liquidation group for liquidation in a timely manner, except in the case of merger or division.

The members of executive bodies or decision-making bodies such as directors and directors of legal persons are liquidation obligors. Where laws and administrative regulations provide otherwise, such provisions shall be followed.

The liquidation obligor fails to perform the liquidation obligation in a timely manner and causes damage, and shall bear civil liability; the competent authority or interested parties may apply to the people's court to designate relevant persons to form a liquidation group for liquidation.

Article 71 The liquidation procedures and functions of the liquidation team of a legal person shall be in accordance with the provisions of relevant laws; if there are no provisions, refer to the relevant provisions of the applicable company law.

Article 72: The legal person exists during the liquidation period, but shall not engage in activities unrelated to the liquidation.

The remaining property after the liquidation of a legal person shall be handled in accordance with the provisions of the legal person's constitution or the resolution of the legal person's authority. If the law provides otherwise, such provisions shall be followed.

When the liquidation is completed and the registration of the legal person is completed, the legal person is terminated; if the legal person registration is not required in accordance with the law, the legal person is terminated when the liquidation is completed.

Article 73 When a legal person is declared bankrupt, the legal person shall terminate when the bankruptcy liquidation is completed and the legal person's cancellation registration is completed.

Article 74: A legal person may establish branches in accordance with law. Where laws and administrative regulations require branch offices to be registered, such provisions shall be followed.

The branch is engaged in civil activities in its own name, and the civil liabilities arising therefrom shall be borne by the legal person; it may also be borne first by the property managed by the branch.

Article 75 (1) In the civil activities performed by the founder as a legal person, the legal consequences shall be borne by the legal person; if the legal person is not established, the legal consequences shall be borne by the founder.

The third party has the right to request the legal person or the founder to bear the civil liability arising from the establishment of a legal person who engages in civil activities in its own name.

Section 2 For-profit legal person

Article 76: A legal person established for the purpose of obtaining profit and distributing it to shareholders and other investors shall be a for-profit legal person.

For-profit legal persons include limited liability companies, joint stock limited companies, and other corporate legal persons.

Article 77: A for-profit legal person is registered and established in accordance with the law.

Article 78 A for-profit legal person established in accordance with the law shall be issued a business license by a registration authority. The business license issuance date is the establishment date of the for-profit legal person.

Article 79: The establishment of a for-profit legal person shall establish the legal person's constitution in accordance with the law.

Article 80: A for-profit legal person shall have a power organization.

The authority shall exercise the powers of amending the legal person's constitution, electing or replacing members of the executive body, the supervisory authority, and other provisions of the legal person's constitution.

Article 81: A for-profit legal person shall have an enforcement agency.

The executive agency exercises the authority to convene a meeting of the authority, decides the business plan and investment plan of the legal person, determines the establishment of the internal management organization of the legal person, and other functions and powers stipulated in the legal person's constitution.

If the executive body is the board of directors or executive directors, the chairman, executive director or manager shall act as the legal representative in accordance with the provisions of the legal person's articles of association; if there is no board of directors or executive directors, the principal person in charge of the legal person's articles of association shall be its executive body and legal representative.

Article 82 If a for-profit legal person has a supervisory board or a supervisory agency, the supervisory agency shall exercise the functions of inspecting the financial affairs of the legal person, supervising the execution of members of the executive body and senior management personnel in performing the duties of the legal person, and other functions and powers stipulated in the constitution of the legal person.

Article 83 The investor of a for-profit legal person shall not abuse the rights of the investor to damage the interests of the legal person or other investors. Whoever abuses the rights of the investor to cause losses to the legal person or other investors shall bear civil liability in accordance with the law.

The investor of a for-profit legal person shall not abuse the independent status of the legal person and the limited liability of the investor to damage the interests of the creditors of the legal person. Whoever abuses the independent status of the legal person and the limited liability of the investor, evades the debt, and seriously damages the interests of the creditor of the legal person, shall bear joint and several liability for the legal person's debt.

Article 84 The controlling investor, de facto controller, directors, supervisors, and senior management of a for-profit legal person shall not use its affiliated relationship to damage the interests of the legal person. Anyone who causes damage to a legal person through the use of related relationships shall be liable for compensation.

Article 85 In the event that the power of a for-profit legal person or the executive agency makes a conference convening procedure, the voting method violates laws, administrative regulations, or the legal person's constitution, or the content of the resolution violates the legal person's constitution, the investor of the for-profit legal person may request the people's court to revoke the The resolution, but the civil legal relationship between the for-profit legal person and the good-faith counterpart under this resolution will not be affected.

Article 86: In engaging in business activities, a for-profit legal person shall abide by business ethics, maintain transaction security, accept supervision by the government and society, and assume social responsibility.

Section III Nonprofit Legal Person

Article 87: A legal person established for public benefit or other non-profit purposes and not distributing the profits obtained to the investor, the founder or the member shall be a non-profit legal person.

Non-profit legal persons include public institutions, social organizations, foundations, social service agencies, etc.

Article 88 Institutions that have the conditions for a legal person and that meet the needs of economic and social development and provide public welfare services shall be registered and established in accordance with the law to obtain the legal person status of the institution; from the date of establishment, they shall have Legal personality of public institutions.

Article 89 If a legal person of a public institution has a council, the council shall be its decision-making body, unless otherwise provided by law. The legal representative of a legal person of an institution shall be created in accordance with the provisions of laws, administrative regulations or the legal person's articles of association.

Article 90 A social group that meets the requirements of a legal person and is established based on the common wishes of members and for non-profit purposes such as the common good or the common interests of members shall be registered and established in accordance with law to obtain the status of a legal person of a social group; From the date, it has the status of a legal person in a social organization.

Article 91 (2) The establishment of a social group legal person shall formulate the legal person's constitution in accordance with the law.

A social group legal person shall have a power assembly such as a general meeting of members or a general meeting of members.

A social group legal person shall have an executive body such as a council. The person in charge such as the chairman or the chairman shall act as the legal representative in accordance with the provisions of the legal person's articles of association.

Article 92 (1 ) Foundations, social service agencies, etc. that have the conditions of a legal person and are set up with donated property for public welfare purposes are registered and established in accordance with the law to obtain the status of a legal person for donation.

Places for religious activities established in accordance with the law that meet the requirements of a legal person may apply for legal person registration and obtain the status of a legal person for donation. Where laws and administrative regulations have provisions on religious venues, such provisions shall be followed.

Article 93 (2) The establishment of a donation legal person shall formulate the legal person's constitution in accordance with the law.

The donor legal person shall have a decision-making body such as a council, a democratic management organization, and an executive body. The chairman and other responsible persons act as legal representatives in accordance with the provisions of the legal person's articles of association.

The donor legal person shall have a supervisory board such as a board of supervisors.

Article 94 (1) Donors have the right to inquire about the use and management of donated property and make comments and suggestions from donors, and donors shall respond promptly and truthfully.

If the decision-making body, executive body, or legal representative of the donor legal person makes a decision that violates laws, administrative regulations, or the legal person's constitution, or the content of the decision violates the legal person's constitution, the donor or other interested parties or the competent authority may request the people's court to revoke the decision. However, the civil legal relationship formed between the donor legal person and the good-faith counterparty in accordance with the decision will not be affected.

Article 95: When a non-profit legal entity established for the purpose of public welfare terminates, it shall not distribute the remaining property to the investor, founder or member. The remaining property shall be used for public welfare purposes in accordance with the provisions of the legal person's articles of association or the resolution of the authority; if it cannot be disposed of in accordance with the provisions of the legal person's articles of association or the resolution of the authority, it shall be transferred to a legal person with the same or similar purpose by the competent authority and announced to the public.

Section 4 Special Legal Person

Article 96: The legal persons of institutions, legal persons of rural collective economic organizations, legal persons of cooperative economic organizations in urban and rural areas, and legal persons of grassroots mass autonomous organizations specified in this section shall be special legal persons.

Article 97 : An institution with independent funding and a statutory institution that assumes administrative functions shall have the qualifications of an organ legal person from the date of establishment and may engage in civil activities required to perform its functions.

Article 98 If a legal person of a government organ is revoked, the legal person shall terminate, and its civil rights and obligations shall be enjoyed and assumed by the successor legal person; if there is no successor, it shall be enjoyed and assumed by the legal person of the authority that made the decision to cancel.

Article 99 (1) Rural collective economic organizations shall obtain legal personality in accordance with the law.

Where laws and administrative regulations impose regulations on rural collective economic organizations, such regulations shall be followed.

Article 100: Cooperative economic organizations in urban and rural areas shall obtain legal personality in accordance with law.

Where laws and administrative regulations have provisions on urban and rural cooperative economic organizations, such provisions shall be followed.

Article 101: Residents 'committees and villagers' committees have the qualifications of grass-roots mass autonomous organizations as legal persons and may engage in civil activities required to perform their functions.

If no village collective economic organization is established, the villagers' committee may perform the functions of the village collective economic organization on behalf of the law.

Chapter IV Unincorporated Organization

Article 102: Unincorporated organizations are organizations that do not have the status of legal persons, but are capable of engaging in civil activities in their own name according to law.

Unincorporated organizations include sole proprietorships, partnerships, and professional service organizations without legal personality.

Article 103: Unincorporated organizations shall be registered in accordance with the provisions of the law.

Where an unincorporated organization is established, laws and administrative regulations require approval by the relevant authorities in accordance with its provisions.

Article 104 If the property of an unincorporated organization is not sufficient to pay off its debts, its investor or founder shall assume unlimited liability. If the law provides otherwise, such provisions shall be followed.

Article 105: An unincorporated organization may determine that one or more persons are engaged in civil activities on behalf of the organization.

Article 106 An unincorporated organization shall be dissolved under any of the following circumstances:

(1) The expiration period stipulated in the articles of association expires or other reasons for dissolution appear in the articles of association;

(2) The investor or founder decides to dissolve;

(3) Other circumstances required by law.

Article 107: If an unincorporated organization is dissolved, it shall be liquidated according to law.

Article 108 In addition to the application of the provisions of this chapter, the organization of unincorporated persons shall refer to the relevant provisions of section III of this law.

Chapter V Civil Rights

Article 109: The natural freedom and personal dignity of a natural person shall be protected by law.

Article 110: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, and marriage autonomy.

Legal persons and unincorporated organizations enjoy the rights of name, reputation and honor.

Article 111 : Personal information of natural persons is protected by law. Any organization or individual who needs to obtain the personal information of others shall obtain and ensure the security of the information in accordance with law, shall not illegally collect, use, process, or transmit the personal information of others, and may not illegally buy, sell, or disclose the personal information of others.

Article 112: The personal rights of natural persons arising from marriage, family relations, etc. are protected by law.

Article 113: The property rights of civil subjects are equally protected by law.

Article 114: Civil subjects enjoy real rights according to law.

Real right is the right of the right holder to directly control and exclude specific things in accordance with law, including ownership, usufructuary rights and security rights.

Article 115 Articles include real and movable property. If the law stipulates that a right is the object of real right, it shall follow its provisions.

Article 116 The types and contents of property rights shall be prescribed by law.

Article 117: For the needs of the public interest, if real or movable property is expropriated or requisitioned in accordance with the authority and procedures prescribed by law, fair and reasonable compensation shall be given.

Article 118: Civil subjects enjoy creditor's rights in accordance with law.

A creditor's right is the right of a right holder to request a specific obligor to act or not to perform a certain act due to a contract, tort, unmanaged management, improper gains, and other provisions of the law.

Article 119 A contract established in accordance with law is legally binding on the parties.

Article 120: Where civil rights and interests are infringed, the infringed person has the right to request the infringer to bear tort liability.

Article 121: Those who have no statutory or agreed obligations and who manage to avoid the loss of the interests of others have the right to request the beneficiary to repay the necessary expenses incurred thereby.

Article 122: Because of the improper benefits obtained by others who have no legal basis, the person who has suffered a loss has the right to request that they return the improper benefits.

Article 123: Civil subjects enjoy intellectual property rights according to law.

Intellectual property rights are the exclusive rights enjoyed by right holders in accordance with the law with respect to the following subjects:

(1) works;

(2) inventions, utility models and designs;

(3) trademarks;

(4) geographical indications;

(5) trade secrets;

(6) layout design of integrated circuits;

(7) new plant varieties;

(8) other objects required by law.

Article 124: Natural persons shall enjoy the right of inheritance in accordance with law.

The legal private property of a natural person may be inherited according to law.

Article 125: Civil subjects enjoy equity and other investment rights in accordance with law.

Article 126: Civil subjects enjoy other civil rights and benefits as provided for by law.

Article 127: Where the law has provisions on the protection of data and network virtual property, such provisions shall be followed.

Article 128: Where laws have special provisions on the protection of civil rights of minors, the elderly, the disabled, women, consumers, etc., such provisions shall be followed.

Article 129: Civil rights may be acquired in accordance with civil legal acts, factual acts, events prescribed by law, or other methods prescribed by law.

Article 130: Civil subjects exercise their civil rights in accordance with their own wishes in accordance with the law without interference.

Article 131: When a civil subject exercises its rights, it shall perform its obligations as stipulated by law and agreed upon by the parties.

Article 132: Civil subjects shall not abuse civil rights to damage national interests, social public interests or the legitimate rights and interests of others.

Chapter VI Civil Legal Acts

Section I General Provisions

Article 133: A civil juristic act is an act in which a civil subject establishes, alters, or terminates a civil legal relationship through an expression of intention.

Article 134: A civil juristic act may be established on the basis of the expressions of intention of two or more parties, or may be established on the basis of a unilateral expression of intention.

If a legal person or an unincorporated organization makes a resolution in accordance with the deliberative methods and voting procedures stipulated in the law or the articles of association, the resolution is established.

Article 135: Civil legal acts may take the form of written, oral or other forms; if the law, administrative regulations or the parties agree to adopt a specific form, the specific form shall be adopted.

Article 136: Civil legal acts shall take effect when they are established, except as otherwise provided by law or otherwise agreed upon by the parties.

The actor may not alter or terminate the civil legal act without authorization in accordance with the law or without the consent of the other party.

Section 2 meaning expression

第一百三十七条 以对话方式作出的意思表示,相对人知道其内容时生效。

以非对话方式作出的意思表示,到达相对人时生效。以非对话方式作出的采用数据电文形式的意思表示,相对人指定特定系统接收数据电文的,该数据电文进入该特定系统时生效;未指定特定系统的,相对人知道或者应当知道该数据电文进入其系统时生效。当事人对采用数据电文形式的意思表示的生效时间另有约定的,按照其约定。

第一百三十八条 无相对人的意思表示,表示完成时生效。 If the law provides otherwise, such provisions shall be followed.

第一百三十九条皇冠篮球比分网 以公告方式作出的意思表示,公告发布时生效。

第一百四十条皇冠篮球比分网 行为人可以明示或者默示作出意思表示。

沉默只有在有法律规定、当事人约定或者符合当事人之间的交易习惯时,才可以视为意思表示。

第一百四十一条皇冠篮球比分网 行为人可以撤回意思表示。撤回意思表示的通知应当在意思表示到达相对人前或者与意思表示同时到达相对人。

第一百四十二条皇冠篮球比分网 有相对人的意思表示的解释,应当按照所使用的词句,结合相关条款、行为的性质和目的、习惯以及诚信原则,确定意思表示的含义。

无相对人的意思表示的解释,不能完全拘泥于所使用的词句,而应当结合相关条款、行为的性质和目的、习惯以及诚信原则,确定行为人的真实意思。

皇冠篮球比分网第三节民事法律行为的效力

第一百四十三条皇冠篮球比分网 具备下列条件的民事法律行为有效:

(一)行为人具有相应的民事行为能力;

(二)意思表示真实;

皇冠篮球比分网 (三)不违反法律、行政法规的强制性规定,不违背公序良俗。

第一百四十四条 无民事行为能力人实施的民事法律行为无效。

第一百四十五条 限制民事行为能力人实施的纯获利益的民事法律行为或者与其年龄、智力、精神健康状况相适应的民事法律行为有效;实施的其他民事法律行为经法定代理人同意或者追认后有效。

相对人可以催告法定代理人自收到通知之日起一个月内予以追认。 Failure to do so by the legal agent shall be deemed as refusal to ratify.民事法律行为被追认前,善意相对人有撤销的权利。 The withdrawal shall be made by means of notice.

第一百四十六条 行为人与相对人以虚假的意思表示实施的民事法律行为无效。

以虚假的意思表示隐藏的民事法律行为的效力,依照有关法律规定处理。

第一百四十七条 基于重大误解实施的民事法律行为,行为人有权请求人民法院或者仲裁机构予以撤销。

第一百四十八条皇冠篮球比分网 一方以欺诈手段,使对方在违背真实意思的情况下实施的民事法律行为,受欺诈方有权请求人民法院或者仲裁机构予以撤销。

第一百四十九条 第三人实施欺诈行为,使一方在违背真实意思的情况下实施的民事法律行为,对方知道或者应当知道该欺诈行为的,受欺诈方有权请求人民法院或者仲裁机构予以撤销。

第一百五十条皇冠篮球比分网 一方或者第三人以胁迫手段,使对方在违背真实意思的情况下实施的民事法律行为,受胁迫方有权请求人民法院或者仲裁机构予以撤销。

第一百五十一条 一方利用对方处于危困状态、缺乏判断能力等情形,致使民事法律行为成立时显失公平的,受损害方有权请求人民法院或者仲裁机构予以撤销。

第一百五十二条 有下列情形之一的,撤销权消灭:

皇冠篮球比分网 (一)当事人自知道或者应当知道撤销事由之日起一年内、重大误解的当事人自知道或者应当知道撤销事由之日起三个月内没有行使撤销权;

皇冠篮球比分网 (二)当事人受胁迫,自胁迫行为终止之日起一年内没有行使撤销权;

(三)当事人知道撤销事由后明确表示或者以自己的行为表明放弃撤销权。

当事人自民事法律行为发生之日起五年内没有行使撤销权的,撤销权消灭。

第一百五十三条 违反法律、行政法规的强制性规定的民事法律行为无效,但是该强制性规定不导致该民事法律行为无效的除外。

违背公序良俗的民事法律行为无效。

第一百五十四条 行为人与相对人恶意串通,损害他人合法权益的民事法律行为无效。

第一百五十五条 无效的或者被撤销的民事法律行为自始没有法律约束力。

第一百五十六条 民事法律行为部分无效,不影响其他部分效力的,其他部分仍然有效。

第一百五十七条 民事法律行为无效、被撤销或者确定不发生效力后,行为人因该行为取得的财产,应当予以返还;不能返还或者没有必要返还的,应当折价补偿。有过错的一方应当赔偿对方由此所受到的损失;各方都有过错的,应当各自承担相应的责任。 If the law provides otherwise, such provisions shall be followed.

第四节民事法律行为的附条件和附期限

第一百五十八条 民事法律行为可以附条件,但是按照其性质不得附条件的除外。附生效条件的民事法律行为,自条件成就时生效。附解除条件的民事法律行为,自条件成就时失效。

第一百五十九条 附条件的民事法律行为,当事人为自己的利益不正当地阻止条件成就的,视为条件已成就;不正当地促成条件成就的,视为条件不成就。

第一百六十条 民事法律行为可以附期限,但是按照其性质不得附期限的除外。附生效期限的民事法律行为,自期限届至时生效。附终止期限的民事法律行为,自期限届满时失效。

Chapter VII Agency

Section I General Provisions

第一百六十一条皇冠篮球比分网 民事主体可以通过代理人实施民事法律行为。

依照法律规定、当事人约定或者民事法律行为的性质,应当由本人亲自实施的民事法律行为,不得代理。

第一百六十二条皇冠篮球比分网 代理人在代理权限内,以被代理人名义实施的民事法律行为,对被代理人发生效力。

第一百六十三条 代理包括委托代理和法定代理。

委托代理人按照被代理人的委托行使代理权。法定代理人依照法律的规定行使代理权。

第一百六十四条 代理人不履行或者不完全履行职责,造成被代理人损害的,应当承担民事责任。

代理人和相对人恶意串通,损害被代理人合法权益的,代理人和相对人应当承担连带责任。

第二节委托代理

第一百六十五条皇冠篮球比分网 委托代理授权采用书面形式的,授权委托书应当载明代理人的姓名或者名称、代理事项、权限和期间,并由被代理人签名或者盖章。

第一百六十六条 数人为同一代理事项的代理人的,应当共同行使代理权,但是当事人另有约定的除外。

第一百六十七条 代理人知道或者应当知道代理事项违法仍然实施代理行为,或者被代理人知道或者应当知道代理人的代理行为违法未作反对表示的,被代理人和代理人应当承担连带责任。

第一百六十八条 代理人不得以被代理人的名义与自己实施民事法律行为,但是被代理人同意或者追认的除外。

皇冠篮球比分网代理人不得以被代理人的名义与自己同时代理的其他人实施民事法律行为,但是被代理的双方同意或者追认的除外。

第一百六十九条 代理人需要转委托第三人代理的,应当取得被代理人的同意或者追认。

皇冠篮球比分网转委托代理经被代理人同意或者追认的,被代理人可以就代理事务直接指示转委托的第三人,代理人仅就第三人的选任以及对第三人的指示承担责任。

转委托代理未经被代理人同意或者追认的,代理人应当对转委托的第三人的行为承担责任,但是在紧急情况下代理人为了维护被代理人的利益需要转委托第三人代理的除外。

第一百七十条 执行法人或者非法人组织工作任务的人员,就其职权范围内的事项,以法人或者非法人组织的名义实施民事法律行为,对法人或者非法人组织发生效力。

法人或者非法人组织对执行其工作任务的人员职权范围的限制,不得对抗善意相对人。

第一百七十一条皇冠篮球比分网 行为人没有代理权、超越代理权或者代理权终止后,仍然实施代理行为,未经被代理人追认的,对被代理人不发生效力。

相对人可以催告被代理人自收到通知之日起一个月内予以追认。 If the principal fails to make a statement, it shall be deemed as refusing confession.行为人实施的行为被追认前,善意相对人有撤销的权利。 The withdrawal shall be made by means of notice.

行为人实施的行为未被追认的,善意相对人有权请求行为人履行债务或者就其受到的损害请求行为人赔偿,但是赔偿的范围不得超过被代理人追认时相对人所能获得的利益。

相对人知道或者应当知道行为人无权代理的,相对人和行为人按照各自的过错承担责任。

第一百七十二条皇冠篮球比分网 行为人没有代理权、超越代理权或者代理权终止后,仍然实施代理行为,相对人有理由相信行为人有代理权的,代理行为有效。

第三节代理终止

第一百七十三条皇冠篮球比分网 有下列情形之一的,委托代理终止:

(一)代理期间届满或者代理事务完成;

(二)被代理人取消委托或者代理人辞去委托;

皇冠篮球比分网 (三)代理人丧失民事行为能力;

皇冠篮球比分网 (四)代理人或者被代理人死亡;

皇冠篮球比分网 (五)作为代理人或者被代理人的法人、非法人组织终止。

第一百七十四条 被代理人死亡后,有下列情形之一的,委托代理人实施的代理行为有效:

皇冠篮球比分网 (一)代理人不知道并且不应当知道被代理人死亡;

皇冠篮球比分网 (二)被代理人的继承人予以承认;

皇冠篮球比分网 (三)授权中明确代理权在代理事务完成时终止;

(四)被代理人死亡前已经实施,为了被代理人的继承人的利益继续代理。

皇冠篮球比分网作为被代理人的法人、非法人组织终止的,参照适用前款规定。

第一百七十五条皇冠篮球比分网 有下列情形之一的,法定代理终止:

皇冠篮球比分网 (一)被代理人取得或者恢复完全民事行为能力;

(二)代理人丧失民事行为能力;

(三)代理人或者被代理人死亡;

(四)法律规定的其他情形。

第八章民事责任

第一百七十六条 民事主体依照法律规定和当事人约定,履行民事义务,承担民事责任。

第一百七十七条皇冠篮球比分网 二人以上依法承担按份责任,能够确定责任大小的,各自承担相应的责任;难以确定责任大小的,平均承担责任。

第一百七十八条皇冠篮球比分网 二人以上依法承担连带责任的,权利人有权请求部分或者全部连带责任人承担责任。

皇冠篮球比分网连带责任人的责任份额根据各自责任大小确定;难以确定责任大小的,平均承担责任。实际承担责任超过自己责任份额的连带责任人,有权向其他连带责任人追偿。

连带责任,由法律规定或者当事人约定。

第一百七十九条皇冠篮球比分网 承担民事责任的方式主要有:

(一)停止侵害;

(二)排除妨碍;

(三)消除危险;

(四)返还财产;

(五)恢复原状;

(六)修理、重作、更换;

(七)继续履行;

(八)赔偿损失;

皇冠篮球比分网 (九)支付违约金;

皇冠篮球比分网 (十)消除影响、恢复名誉;

皇冠篮球比分网 (十一)赔礼道歉。

法律规定惩罚性赔偿的,依照其规定。

皇冠篮球比分网本条规定的承担民事责任的方式,可以单独适用,也可以合并适用。

第一百八十条 因不可抗力不能履行民事义务的,不承担民事责任。 If the law provides otherwise, such provisions shall be followed.

不可抗力是指不能预见、不能避免且不能克服的客观情况。

第一百八十一条皇冠篮球比分网 因正当防卫造成损害的,不承担民事责任。

正当防卫超过必要的限度,造成不应有的损害的,正当防卫人应当承担适当的民事责任。

第一百八十二条 因紧急避险造成损害的,由引起险情发生的人承担民事责任。

危险由自然原因引起的,紧急避险人不承担民事责任,可以给予适当补偿。

皇冠篮球比分网紧急避险采取措施不当或者超过必要的限度,造成不应有的损害的,紧急避险人应当承担适当的民事责任。

第一百八十三条 因保护他人民事权益使自己受到损害的,由侵权人承担民事责任,受益人可以给予适当补偿。没有侵权人、侵权人逃逸或者无力承担民事责任,受害人请求补偿的,受益人应当给予适当补偿。

第一百八十四条 因自愿实施紧急救助行为造成受助人损害的,救助人不承担民事责任。

第一百八十五条皇冠篮球比分网 侵害英雄烈士等的姓名、肖像、名誉、荣誉,损害社会公共利益的,应当承担民事责任。

第一百八十六条皇冠篮球比分网 因当事人一方的违约行为,损害对方人身权益、财产权益的,受损害方有权选择请求其承担违约责任或者侵权责任。

第一百八十七条 民事主体因同一行为应当承担民事责任、行政责任和刑事责任的,承担行政责任或者刑事责任不影响承担民事责任;民事主体的财产不足以支付的,优先用于承担民事责任。

第九章诉讼时效

第一百八十八条 向人民法院请求保护民事权利的诉讼时效期间为三年。 If the law provides otherwise, such provisions shall be followed.

诉讼时效期间自权利人知道或者应当知道权利受到损害以及义务人之日起计算。 If the law provides otherwise, such provisions shall be followed.皇冠篮球比分网但是自权利受到损害之日起超过二十年的,人民法院不予保护;有特殊情况的,人民法院可以根据权利人的申请决定延长。

第一百八十九条皇冠篮球比分网 当事人约定同一债务分期履行的,诉讼时效期间自最后一期履行期限届满之日起计算。

第一百九十条 无民事行为能力人或者限制民事行为能力人对其法定代理人的请求权的诉讼时效期间,自该法定代理终止之日起计算。

第一百九十一条 未成年人遭受性侵害的损害赔偿请求权的诉讼时效期间,自受害人年满十八周岁之日起计算。

第一百九十二条皇冠篮球比分网 诉讼时效期间届满的,义务人可以提出不履行义务的抗辩。

皇冠篮球比分网诉讼时效期间届满后,义务人同意履行的,不得以诉讼时效期间届满为由抗辩;义务人已自愿履行的,不得请求返还。

第一百九十三条 人民法院不得主动适用诉讼时效的规定。

第一百九十四条皇冠篮球比分网 在诉讼时效期间的最后六个月内,因下列障碍,不能行使请求权的,诉讼时效中止:

(一)不可抗力;

皇冠篮球比分网 (二)无民事行为能力人或者限制民事行为能力人没有法定代理人,或者法定代理人死亡、丧失民事行为能力、丧失代理权;

(三)继承开始后未确定继承人或者遗产管理人;

皇冠篮球比分网 (四)权利人被义务人或者其他人控制;

皇冠篮球比分网 (五)其他导致权利人不能行使请求权的障碍。

自中止时效的原因消除之日起满六个月,诉讼时效期间届满。

第一百九十五条 有下列情形之一的,诉讼时效中断,从中断、有关程序终结时起,诉讼时效期间重新计算:

(一)权利人向义务人提出履行请求;

(二)义务人同意履行义务;

(三)权利人提起诉讼或者申请仲裁;

(四)与提起诉讼或者申请仲裁具有同等效力的其他情形。

第一百九十六条 下列请求权不适用诉讼时效的规定:

皇冠篮球比分网 (一)请求停止侵害、排除妨碍、消除危险;

(二)不动产物权和登记的动产物权的权利人请求返还财产;

(三)请求支付抚养费、赡养费或者扶养费;

皇冠篮球比分网 (四)依法不适用诉讼时效的其他请求权。

第一百九十七条皇冠篮球比分网 诉讼时效的期间、计算方法以及中止、中断的事由由法律规定,当事人约定无效。

当事人对诉讼时效利益的预先放弃无效。

第一百九十八条 法律对仲裁时效有规定的,依照其规定;没有规定的,适用诉讼时效的规定。

第一百九十九条 法律规定或者当事人约定的撤销权、解除权等权利的存续期间,除法律另有规定外,自权利人知道或者应当知道权利产生之日起计算,不适用有关诉讼时效中止、中断和延长的规定。存续期间届满,撤销权、解除权等权利消灭。

第十章期间计算

第二百条 民法所称的期间按照公历年、月、日、小时计算。

第二百零一条 按照年、月、日计算期间的,开始的当日不计入,自下一日开始计算。

按照小时计算期间的,自法律规定或者当事人约定的时间开始计算。

第二百零二条 按照年、月计算期间的,到期月的对应日为期间的最后一日;没有对应日的,月末日为期间的最后一日。

第二百零三条 期间的最后一日是法定休假日的,以法定休假日结束的次日为期间的最后一日。

期间的最后一日的截止时间为二十四时;有业务时间的,停止业务活动的时间为截止时间。

第二百零四条 期间的计算方法依照本法的规定,但是法律另有规定或者当事人另有约定的除外。

Chapter XI Supplementary Provisions

第二百零五条 民法所称的“以上”“以下”“以内”“届满”,包括本数;所称的“不满”“超过”“以外”,不包括本数。

第二百零六条皇冠篮球比分网 本法自2017年10月1日起施行

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