Legal advice?

there is no civil code in China. The current general principles of the civil law

Chinese people * * * 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 on April 12, 1986)

Contents

Chapter I Basic Principles

Chapter II Citizens (Natural Persons)

Section I Capacity for Civil Rights and Capacity for Civil Conduct

Section II Guardianship

Section III Declaration of Missing and Death

Section IV Individual Rural contracted households

Section 5 Individual Partnership

Chapter III Legal Person

Section 1 General Provisions

Section 2 Enterprise Legal Person

Section 3 Organs, Institutions and social organizations as legal persons

Section IV Joint Venture

Chapter IV Civil Legal Acts and Agency

Section I Civil Legal Acts

Section II Agency

Chapter V Civil Rights

Section I Property Ownership and Property Rights Related to Property Ownership

Section II Creditor's Rights

Section III Intellectual Property Rights

Section IV Chapter VI Civil Liability

Section I General Provisions

Section II Civil Liability for Breach of Contract

Section III Civil Liability for Infringement

Section IV Ways to Bear Civil Liability

Chapter VII Limitation of Action

Chapter VIII Legal Application of Foreign-related Civil Relations

Chapter IX Supplementary Provisions

Chapter I Basic Principles

Article 1 In order to protect citizens. The legitimate civil rights and interests of legal persons, the correct adjustment of civil relations, to meet the needs of the development of socialist modernization, according to the Constitution and China's actual situation, summing up the practical experience of civil activities, this Law is formulated.

article 2 the Chinese people and the national law regulate the property relations and personal relations between citizens, legal persons and citizens and legal persons as equal subjects.

article 3 parties have equal status in civil activities.

article 4 civil activities shall follow the principles of voluntariness, fairness, compensation for equal value, honesty and credibility.

article 5 the lawful civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them.

article 6 civil activities must abide by the law. if there are no provisions in the law, national policies should be observed.

article 7 civil activities shall respect social morality, and shall not harm the interests of the public, disrupt the national economic plan or disturb the social and economic order.

article 8 civil activities within the territory of the people's Republic of China shall be governed by the laws of the people's Republic of China, unless otherwise provided by law.

the provisions of this law on citizens are applicable to foreigners and stateless persons within the territory of the People's Republic of China, unless otherwise provided by law.

chapter ii citizens (natural persons) section 1 capacity for civil rights and capacity for civil conduct

article 9 a citizen has capacity for civil rights from birth to death, enjoys civil rights and undertakes civil obligations according to law.

article 1 all citizens have equal capacity for civil rights.

Article 11 A citizen over the age of 18 is an adult with full capacity for civil conduct, and can independently engage in civil activities.

A citizen over the age of 16 but under the age of 18 whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct.

Article 12 A minor over the age of 1 is a person with limited capacity for civil conduct and may engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by his legal representative or with the consent of his legal representative.

A minor under the age of 1 is a person without capacity for civil conduct, and his legal representative acts as an agent for civil activities.

Article 13 A mental patient who can't identify his own behavior is a person without capacity for civil conduct, and his legal representative shall represent him in civil activities.

A mental patient who can't fully recognize his own behavior is a person with limited capacity for civil conduct and can engage in civil activities that are suitable for his mental health; Other civil activities shall be represented by his legal representative or with the consent of his legal representative.

Article 14 The guardian of a person without civil capacity or with limited civil capacity is his legal representative.

Article 15 A citizen takes his domicile as his domicile. If his habitual residence is inconsistent with his domicile, his habitual residence shall be regarded as his domicile.

Chapter II Citizens (Natural Persons) Section 2 Guardianship

Article 16 Parents of minors are guardians of minors.

If a minor's parents are dead or have no guardianship, one of the following persons who has guardianship shall be the guardian:

(1) grandparents;

(2) Brother and sister;

(3) other close relatives and friends are willing to assume the responsibility of guardianship, with the consent of the unit where the minor's parents work or the residents' committee or villagers' committee of the minor's domicile.

if there is any dispute about being a guardian, it shall be designated by the unit where the minor's parents belong or the residents' committee or villagers' committee in the minor's domicile among the near relatives. If a lawsuit is filed against the designation, the people's court shall make a ruling.

if there is no guardian as stipulated in the first and second paragraphs, the unit where the minor's parents belong or the residents' committee, villagers' committee or civil affairs department of the minor's domicile shall act as the guardian.

Article 17 A mental patient with no or limited capacity for civil conduct shall be the guardian of the following persons:

(1) spouse;

(2) parents;

(3) adult children;

(4) other close relatives;

(5) Other close relatives and friends are willing to assume the responsibility of guardianship, with the consent of the unit where the mentally ill person works or the residents' committee or villagers' committee of his domicile.

if there is any dispute about being a guardian, it shall be designated by the unit to which the mentally ill person belongs or the residents' committee or villagers' committee at the place of residence among the near relatives. If a lawsuit is filed against the designation, the people's court shall make a ruling.

if there is no guardian as stipulated in the first paragraph, the unit to which the mentally ill person belongs or the residents' committee, villagers' committee or civil affairs department in his domicile shall act as the guardian.

Article 18 A guardian shall perform his guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the ward's property except for the ward's interests.

the guardian's right to perform guardianship according to law is protected by law.

if a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the responsibility; If property losses are caused to the ward, compensation shall be made for the losses. The people's court may, on the application of the relevant personnel or units, revoke the qualifications of guardians.

Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conduct.

if a person is declared as a person with no or limited capacity for civil conduct by the people's court, the people's court may declare him as a person with limited capacity for civil conduct or a person with full capacity for civil conduct upon the application of himself or an interested party, according to his health recovery.

chapter ii citizens (natural persons) section 3 declaration of disappearance and death

article 2 if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare him as a missing person.

If the whereabouts are unknown during the war, the time of missing shall be counted from the end of the war.

Article 21 The property of a missing person shall be entrusted to his spouse, parents, adult children or other close relatives or friends. If the escrow is controversial, if there is no person specified above or if the person specified above is unable to do so, the people designated by the people's court shall do so.

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

article 22 if a person declared missing reappears or his whereabouts are known, the people's court shall cancel the declaration of his disappearance upon the application of himself or an interested party.

Article 23 If a citizen has any of the following circumstances, the interested party may apply to the people's court for a declaration of his death:

(1) If his whereabouts have been unknown for four years;

(2) Two years have elapsed since the date of the accident because the whereabouts of the accident are unknown.

If the whereabouts are unknown during the war, the time of missing shall be counted from the end of the war.

article 24 if a person who has been declared dead reappears or it is known that he is not dead, the people's court shall revoke the declaration of his death upon the application of himself or an interested party.

A civil juristic act performed by a person with civil capacity during the period of being declared dead is valid.

Article 25 A person whose death declaration has been revoked has the right to request the return of property. Citizens or organizations that have acquired his property in accordance with the law of inheritance shall return the original property; If the original does not exist, appropriate compensation shall be given.

chapter ii citizens (natural persons) section 4 individual industrial and commercial households and rural contracted households

article 26 citizens who engage in industrial and commercial operations within the scope permitted by law and are approved and registered according to law are individual industrial and commercial households. Individual industrial and commercial households can have a font size.

article 27 members of rural collective economic organizations who engage in commodity business in accordance with the provisions of the contract within the scope permitted by law are rural contracted business households.

article 28 the legitimate rights and interests of individual industrial and commercial households and rural contracted households shall be protected by law.

Article 29 The debts of individual industrial and commercial households and rural contracted households, if operated by individuals, shall be borne by personal property; Family business, with family property.

chapter ii citizens (natural persons) section 5 individual partnership

article 3 an individual partnership refers to two or more citizens who, according to an agreement, each provide funds, materials and technology, and work in partnership.

article 31 a partner shall conclude a written agreement on the amount of capital contribution, surplus distribution, debt commitment, admission, withdrawal and termination of the partnership.

article 32 the property invested by the partners shall be managed and used uniformly by the partners.

the property accumulated by the partnership is owned by the partner * * *.

article 33 an individual partnership may adopt a brand name, be approved and registered according to law, and engage in business within the approved and registered business scope.

Article 34 The business activities of an individual partnership shall be decided by the partners, who have the right to implement and supervise.

partners can nominate the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel.

article 35 the debts of a partnership shall be paid off by the partners with their own property according to the proportion of capital contribution or the agreement.

partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. A partner who repays the partnership debt in excess of his own share shall have the right to recover from other partners.

Chapter III Legal Person Section 1 General Provisions

Article 36 A legal person is an organization with capacity for civil rights and capacity for civil conduct, which independently enjoys civil rights and undertakes civil obligations according to law.

the legal person's capacity for civil rights and civil conduct comes into being when the legal person is established and disappears when the legal person is terminated.

Article 37 A legal person shall meet the following conditions:

(1) It is established according to law;

(2) having necessary property or funds;

(3) having its own name, organization and place;

(4) Being able to bear civil liability independently.

article 38 in accordance with the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person.

article 39 a legal person shall take the place where its main office is located as its domicile.

article 4 when a legal person terminates, it shall be liquidated according to law and stop its activities outside the scope of liquidation.

chapter iii legal person section 2 enterprise legal person

article 41 enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with state regulations, articles of association, organizations and places, can independently bear civil liabilities, and have been approved and registered by the competent authorities to obtain legal person status.

Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China have the qualifications of a legal person, and they have been approved and registered by the administrative department for industry and commerce in accordance with the law, and obtained the status of a legal person in China.

article 42 an enterprise as a legal person shall engage in business within the approved and registered business scope.

article 43 an enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members.

article 44 where an enterprise as a legal person is divided, merged or has other important changes, it shall register with the registration authority and make an announcement.

when an enterprise as a legal person is divided or merged, its rights and obligations shall be enjoyed and assumed by the changed legal person.

Article 45 An enterprise as a legal person is terminated for one of the following reasons:

(1) It is revoked according to law;

(2) dissolution;

(3) declaring bankruptcy according to law;

(4) Other reasons.

article 46 when an enterprise as a legal person terminates, it shall cancel its registration with the registration authority and make a public announcement.

article 47 when an enterprise as a legal person is dissolved, a liquidation organization shall be established for liquidation. Where an enterprise as a legal person is revoked or declared bankrupt, the competent authority or the people's court shall organize relevant authorities and personnel to set up a liquidation organization to carry out liquidation.

article 48 an enterprise owned by the whole people as a legal person shall bear civil liability with the property that the state has authorized it to operate and manage. A collectively-owned enterprise as a legal person shall bear civil liability with the property owned by the enterprise. Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises as legal persons shall bear civil liability with the property owned by the enterprises, except as otherwise provided by law.

Article 49 If an enterprise as a legal person is under any of the following circumstances, in addition to the legal person's liability, the legal representative may be given administrative sanctions and fines. If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) engaging in illegal business beyond the business scope approved and registered by the registration authority;

(2) concealing the truth from the registration authority or the tax authority or practicing fraud;

(3) withdrawing funds or hiding property to avoid debts;

(4) disposing of property without authorization after dissolution, cancellation or bankruptcy;

(5) Failing to apply for registration and announcement in time at the time of change or termination, thus causing heavy losses to the interested parties;

(6) engaging in other activities prohibited by law, which damages the interests of the state or the public.

Chapter III Legal Person Section 3 Organs, institutions and social organizations as legal persons

Article 5 Organs with independent funds shall