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Civil Code of the People's Republic of China
Source: Xinhuanet Browse Font Size:Big Middle and Small June 02, 2020 08:28:13
Civil Code of the People's Republic of China
(Adopted at the Third Session of the Thirteenth National People's Congress on May 28, 2020)
table of Contents
Part I General Provisions
Chapter One Basic Regulations
Chapter 2 Natural People
Section 1 Capacity for civil rights and capacity for civil conduct
Section 2 Supervision
Section 3 Declaration of Missing and Declaration of Death
Section 4 Individual industrial and commercial households and rural contracted business households
Chapter III Legal Person
Section 1 General Provisions
Section 2 For-profit legal persons
Section 3 Non-profit legal persons
Section 4 Special Legal Person
Chapter IV Unincorporated Organization
Chapter V Civil Rights
Chapter VI Civil Legal Acts
Section 1 General Provisions
Section 2 Expression of Intention
Section 3 Effectiveness of Civil Legal Acts
Section 4 Attached Conditions and Time Limits for Civil Juristic Acts
Chapter VII Agent
Section 1 General Provisions
Section 2 Entrusted Agency
Section 3 Agency Termination
Chapter 8 Civil Liability
Chapter 9 Limitation of Actions
Chapter 10 Period Calculation

Part II Property Rights

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The first sub-part General
Chapter 1 General Provisions
Chapter II Establishment, Modification, Transfer and Elimination of Property Rights
Section 1 Real Estate Registration
Section 2 Movable Property Delivery
Section 3 Other Provisions
Chapter III Protection of Property Rights
All rights of the second division
Chapter IV General Provisions
Chapter V State Ownership, Collective Ownership, and Private Ownership
Chapter VI Differentiated Ownership of Buildings by Owners
Chapter 7 Neighbor Relationship
Chapter 8 Total
Chapter 9 Special Provisions on Acquisition of Ownership
The third sub-part usufructuary rights
Chapter X General Provisions
Chapter 11 Land Contract Management Right
Chapter XII Construction Land Use Right
Chapter XIII Homestead Use Right
Chapter 14 Right of Residence
Chapter XV Easement
The fourth sub-part: security rights
Chapter 16 General Provisions
Chapter XVII Mortgage Right
Section 1 General Mortgage Rights
Section 2 Maximum Mortgage Rights
Chapter XVIII Pledge
Section 1 Movable Property Pledge
Section 2 Pledge of Rights
Chapter XIX Lien
The fifth division
Chapter Twenty Occupy

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Part III Contract
The first sub-part General
Chapter 1 General Provisions
Chapter II Conclusion of the Contract
Chapter III Validity of Contract
Chapter IV Performance of Contract
Chapter V Contract Security
Chapter VI Modification and Assignment of Contract
Chapter VII Termination of Contract Rights and Obligations
Chapter 8 Liability for Breach of Contract
Part II Typical Contract
Chapter 9 Sales Contract
Chapter X Contracts for the Supply and Use of Electricity, Water, Gas, and Heat
Chapter 11 Gift Contract
Chapter XII Loan Contract
Chapter XIII Guarantee Contract
Section 1 General Provisions
Section 2 Guarantee Responsibility
Chapter 14 Lease Contract
Chapter XV Financial Lease Contract
Chapter 16 Factoring Contracts
Chapter XVII Contracts
Chapter 18 Construction Project Contract
Chapter XIX Contract of Carriage
Section 1 General Provisions
Section 2 Passenger Transport Contract
Section 3 Freight Contract
Section 4 Multimodal Transport Contract
Chapter 20 Technology Contract
Section 1 General Provisions
Section 2 Technology Development Contract
Section 3 Technology Transfer Contract and Technology Licensing Contract
Section 4 Technical Consulting Contract and Technical Service Contract

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Chapter 21 Custody Contract
Chapter 22 Warehousing Contract
Chapter 23 Entrustment Contract
Chapter 24 Property Service Contract
Chapter 25 Brokerage Contract
Chapter 26 Intermediary Contract
Chapter 27 Partnership Contract
Part III Standard Contract
Chapter 28 No Cause Management
Chapter 29 Unjust Enrichment

Part IV Personality Rights
Chapter 1 General Provisions
Chapter II The Right to Life, Body and Health
Chapter III Name Rights and Name Rights
Chapter 4 Xiao Xiangquan
Chapter V Right of Reputation and Honor
Chapter VI Privacy and Protection of Personal Information

Part 5 Marriage and Family
Chapter 1 General Provisions
Chapter 2 Getting Married
Chapter III Family Relations
Section 1 husband and wife relationship
Section 2 Parent-child relationship and other close relatives
Chapter 4 Divorce
Chapter 5 Adoption
Section 1 Establishment of an adoption relationship
Section 2 Effect of Adoption
Section 3 Dissolution of Adoption

Part VI Inheritance
Chapter 1 General Provisions

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Chapter II Legal Succession
Chapter III Testamentary Succession and Bequest
Chapter IV Disposal of the Inheritance

Part VII Liability for Tort
Chapter 1 General Provisions
Chapter II Compensation for Damages
Chapter III Special Provisions on the Subject of Responsibility
Chapter IV Product Liability
Chapter V Liability for Motor Vehicle Traffic Accidents
Chapter VI Liability for Medical Damage
Chapter VII Liability for Environmental Pollution and Ecological Damage
Chapter 8 High Risk Liability
Chapter 9 Liability for Damage to Feeding Animals
Chapter X Liability for Damage to Buildings and Objects

By-laws

Part I General Provisions
Chapter One Basic Regulations
Article 1 In order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, and 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 that are equal subjects.
Article 3 The personal rights, property rights and other lawful rights and interests of civil subjects are protected by law, and no organization or individual may infringe.
Article 4 All civil entities shall have equal legal status in civil activities.
Article 5 Civil entities engaged in civil activities shall follow the principle of voluntariness and establish, modify, and terminate civil legal relations according to their own will.
Article 6 Civil entities engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 7 Civil entities engaged in civil activities shall follow the principle of good faith, uphold honesty, and abide by their promises.
Article 8 Civil entities engaged in civil activities must not violate the law or violate public order and good customs.
Article 9 Civil entities engaged in civil activities shall be conducive to resource conservation and protection of the ecological environment.
Article 10: The handling of civil disputes shall be conducted in accordance with the law; where there are no provisions in the law, custom may be applied, but public order and good customs shall not be violated.
Article 11 Where other laws have special provisions on civil relations, follow those provisions.
Article 12 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. If the law provides otherwise, follow those provisions.

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Chapter 2 Natural People
Section 1 Capacity for civil rights and capacity for civil conduct
Article 13: From birth to death, natural persons have the capacity for civil rights, enjoy civil rights and assume civil obligations in accordance with the law.
Article 14 All natural persons shall have equal capacity for civil rights.
Article 15 The time of birth and death of a natural person shall be based on the time recorded in the birth certificate and death certificate; if there isTono birth certificate or death certificate
The time of household registration or other valid identity registration records shall prevail. If there is other evidence sufficient to overturn the above recorded time, the time proved by the evidence shall prevail.
Article 16 Where protection of the fetus’ interests such as inheritance of inheritance and acceptance of gifts is involved, the fetus shall be deemed to
of,have capacity for civil rights. However, the fetus is dead when it is delivered
Its capacity for civil rights does not exist from the beginning.
Article 17 Natural persons over the age of 18 are adults. A natural person under the age of eighteen is a minor.
Article 18 Adults are persons with full capacity for civil conduct and can independently perform civil juristic acts.
Minors over the age of 16 who use their own labor income as their main source of income shall be regarded as persons with full capacity for civil conduct.
Article 19: Minors over eight years of age are persons with limited capacity for civil conduct, and the execution of civil juristic acts shall be represented by their legal representatives or by their legally-designated representatives.
The agent agrees and ratifies; however, it can independently carry out civil juristic acts that are purely profitable or civil juristic acts suitable for their age and intelligence.
Article 20: Minors under the age of eight are incapable of civil conduct, and their legally-designated representatives shall perform civil juristic acts on their behalf.
Article 21: Adults who cannot identify their own actions are incapable of civil conduct, and their legally-designated representatives will perform civil juristic acts on their behalf.
Where minors over the age of eight cannot recognize their own behavior, the provisions of the preceding paragraph shall apply.
Article 22. Adults who cannot fully identify their actions are persons with limited capacity for civil conduct, and the execution of civil juristic acts shall be represented by their legal representatives or
With the consent and ratification of their legal representative; however, they can independently carry out civil legal acts that are purely profitable or are
Civil
compatible with their intelligence and mental health
Legal act.
Article 23 The guardian of a person without or with limited capacity for civil conduct shall be his legal representative.
Article 24: Adults who cannot recognize or cannot fully recognize their own behavior, their interested parties or related organizations, may apply to the people’s court for recognition.
The adult is designated as a person with no capacity for civil conduct or a person with limited capacity for civil conduct.
If the people’s court determines that they are incapable of civil conduct or persons with limited civil conduct, upon application by themselves, interested parties or relevant organizations, the People’s Law
The court may determine that the adult has returned to a person with limited capacity for civil conduct or a person with full capacity for civil conduct based on the recovery of his intelligence and mental health.
The relevant organizations stipulated in this article include: residents’ committees, villagers’ committees, schools, medical institutions, women’s federations,
old
disabled persons’ federations, and legally established
Young people’s organizations, civil affairs departments, etc.
Article 25 The domicile of a natural person registered in household registration or other valid identity registration is the domicile; if the habitual domicile is inconsistent with the domicile, the habitual domicile shall be regarded as the domicile.
For residence.

Section 2 Supervision
Article 26 Parents have the obligation to raise, educate and protect their minor children.
Adult children have the obligation to support, assist and protect their parents.
Article 27 Parents are the guardians of minor children.
If the minor’s parents are dead or have no guardianship capacity, the following persons with guardianship capacity shall serve as guardians in order:
(1) Grandparents and maternal grandparents;
(2) Brother and sister;
(3) Other individuals or organizations that are willing to act as guardians, but they must be approved by the residents’ committee, village committee or civil affairs department of the minor’s domicile.
meaning.

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Article 28 For adults without or with limited capacity for civil conduct, the following persons with guardianship capacity shall serve as guardians in order:
(1) Spouse;
(2) Parents and children;
(3) Other close relatives;
(4) Other individuals or organizations that are willing to serve as guardians, but they must be approved by the residents’ committee, village committee or civil affairs department where the ward is domiciled.
meaning.
Article 29 Where the parents of the ward serve as guardians, the guardian may be appointed through a will.
Article 30: Persons with guardianship qualifications in accordance with the law may determine the guardian by agreement. The agreement confirms that the guardian should respect the true will of the ward.
Article 31 If there is a dispute over the determination of the guardian, the guardian shall be appointed by the residents committee, village committee or civil affairs department of the place where the ward is domiciled.
If the parties concerned are not satisfied with the appointment, they can apply to the people's court for the appointment of guardians; the parties concerned can also directly apply to the people's court for the appointment of guardians.
Residents’ committees, villagers’ committees, civil affairs departments or people’s courts shall respect the true will of the ward, and in accordance with the principle of most benefiting the ward
The guardian shall be designated among those who are legally qualified for guardianship.
Before appointing a guardian in accordance with the first paragraph of this article, if the person’s personal rights, property rights, and other legal rights are in a state of unprotected
The residents' committee, village committee, relevant organizations stipulated by law, or civil affairs department of the guardian's place of residence shall act as temporary guardians.
After the guardian is appointed, it shall not be changed without authorization; if the guardian is changed without authorization, the responsibility of the appointed guardian shall not be exempted.
Article 32. If there is no person with guardianship qualifications in accordance with the law, the guardian shall be the civil affairs department, or it may be a ward who is qualified to perform guardianship duties.
The residents' committee and villagers' committee of the place of residence shall serve.
Article 33: Adults with full capacity for civil conduct may negotiate in advance with their close relatives and other individuals or organizations willing to serve as guardians.
Determine your own guardian in writing, and when you lose or partially lose your capacity for civil conduct, the guardian shall perform guardianship duties.
Article 34 The duty of the guardian is to perform civil legal acts on behalf of the ward, and to protect the ward’s personal rights, property rights and other legal
Rights and so on.
The rights of guardians from performing guardianship duties in accordance with the law are protected by law.
Guardians who fail to perform their guardianship duties or infringe upon the lawful rights and interests of the ward shall bear legal responsibility.
If the guardian is temporarily unable to perform guardianship duties due to emergencies or other emergencies, and the life of the guardian is unattended, the guardian’s residence
The local residents committee, village committee or civil affairs department shall arrange necessary temporary living care measures for the ward.
Article 35 The guardian shall perform guardianship duties in accordance with the principle that is most beneficial to the ward. The guardian shall not be punished except to protect the interests of the ward
Divide the property of the ward.
Guardians of minors perform guardianship duties, and when making decisions related to the interests of the ward, they should respect the age and intellectual status of the ward.
Relying on the true wishes of the ward.
When performing guardianship duties, guardians of adults shall respect the true wishes of the ward to the greatest extent, guarantee and assist the
A civil legal act appropriate to God’s health status. The guardian shall not interfere with matters that the ward has the ability to handle independently.
Article 36: Where a guardian has one of the following circumstances, the people’s court shall revoke the guardian’s qualifications and arrange necessary procedures based on the application of the individual or organization concerned.
Temporary guardianship measures, and appoint guardians in accordance with the law in accordance with the principle that is most beneficial to the ward:
(1) Carrying out acts that seriously damage the physical and mental health of the ward;
(2) Neglecting to perform guardianship duties, or failing to perform guardianship duties and refusing to delegate part or all of guardianship duties to others, causing the ward to be in danger
Sleepy state
(3) Carrying out other acts that seriously infringe the legal rights and interests of the ward.
The relevant individuals and organizations stipulated in this article include: other persons who are legally qualified for guardianship, residents’ committees,
United village committees, schools, medical institutions, women’s
Associations, Disabled Persons’ Federation, Minor Protection Organizations, organizations for the elderly established in accordance with the law, civil affairs departments, etc.

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If the individuals and organizations other than the civil affairs department mentioned in the preceding paragraph fail to apply to the people’s court for revocation of guardianship in a timely manner, the civil affairs department shall apply to the people’s court.
please.
Article 37 After the parents, children, spouses, etc. who bear the maintenance, alimony, and maintenance of the ward in accordance with the law, their guardianship qualifications are revoked by the people’s court,
Should continue to perform the burden of obligations.
Article 38 After the ward’s parents or children are revoked by the people’s court as guardians, they do indeed repent, except when committing an intentional crime against the ward.
On the basis of their application, the people’s court can restore the guardian’s qualifications as appropriate under the premise of respecting the true wishes
guardian
of the ward. The people’s court designated
The guardianship relationship with the ward ends at the same time.
Article 39 In any of the following circumstances, the guardianship relationship is terminated:
(1) The ward obtains or restores full capacity for civil conduct;
(2) The guardian loses the ability of guardianship;
(3) The ward or guardian dies;
(4) Other circumstances where the people's court determines that the guardianship relationship has ended.
After the termination of the guardianship relationship, if the ward still needs guardianship, the guardian shall be determined separately in accordance with the law.

Section 3 Declaration of Missing and Declaration of Death
Article 40 If the whereabouts of a natural person is unknown for two years, the 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 shall be counted from the day when he loses the news. If the whereabouts are unknown during the war, the time when the whereabouts are unknown since the end of the war
Calculated from the date on which the whereabouts are unknown or as determined by the relevant authorities.
Article 42 The property of a missing person shall be in the custody of his spouse, adult children, parents or other persons who are willing to act as the custodian of the property.
Where there is a dispute over custody, and there is no person as specified in the preceding paragraph, or the person specified in the preceding paragraph is incapable of custody, the custody of the person shall be appointed by the people's court.
Article 43 The property custodian shall properly manage the property of the missing person and protect his property rights and interests.
Taxes, debts and other expenses owed by the missing person shall be paid by the property custodian from the missing person’s property.
The property custodian shall be liable for compensation if the property custodian causes damage to the missing person’s property due to intentional or gross negligence.
Article 44 If the property custodian fails to perform the escrow duties, infringes upon the property rights of the missing person or loses the ability to escrow, the interested party of the missing person may
Apply to the people's court to change the property custodian.
If the property custodian has justified reasons, it may apply to the people's court to change the property custodian.
Where 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 property custody situation.
Article 45: If a missing person reappears, upon application by himself or by an interested person, the people's court shall revoke the declaration of the missing person.
If the missing person reappears, he has the right to request the property custodian to hand over the relevant property in a timely manner and report the property custody situation.
Article 46 Where a natural person has any of the following circumstances, the interested person may apply to the people's court to declare the death of the natural person:
(1) The whereabouts are unknown for four years;
(2) Due to an accident, his whereabouts have been unknown for two years.
If the whereabouts of the natural person is unknown due to an accident, and the relevant authorities have proved that the natural person cannot survive, the application for declaration of death is not subject to the two-year time limit.
Article 47 For the same natural person, some interested parties apply for declaration of death, and some interested parties apply for declaration of disappearance. The declaration conforms to the provisions of this law.
If the conditions for death are met, the people's court shall declare death.
Article 48 For a person who is declared dead, the day when the people’s court’s decision to declare death is deemed to be the date of his death; the death is declared due to an accidental event’s missing whereabouts
In case of death, the date of the accident shall be regarded as the date of his death.

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Article 49: Where a natural person is declared dead but has not died, it shall not affect the validity of the civil juristic act carried out by the natural person during the period when the natural person is declared dead.
Article 50 If the person declared dead reappears, the people's court shall revoke the declaration of death upon the application of the person or the interested person.
Article 51 The marital relationship of a person who is declared dead shall be eliminated from the date of declaration of death. If the declaration of death is revoked, the marriage relationship shall be revoked.
Recover on its own from the date of However, unless his spouse remarries or declares in writing to the marriage registration agency that he is unwilling to resume.
Article 52. During the period when a person is declared dead, and his children are adopted by others in accordance with the law, after the death declaration is revoked, he shall not be
People agree that the adoption is invalid.
Article 53 The person whose death declaration has been revoked has the right to request the return of the property from the civil entity that obtained its property in accordance with Title VI of this Law;
Give proper compensation.
If an interested party conceals the true situation and causes another person to be declared dead and obtains its property, in addition to returning the property, it shall also bear the loss caused thereby.
Take responsibility for compensation.

Section 4 Individual industrial and commercial households and rural contracted business households
Article 54 A natural person engaged in industrial and commercial operations shall be an individual industrial and commercial household after being registered in accordance with the law. Individual industrial and commercial households can have a shop name.
Article 55: Members of rural collective economic organizations who obtain the right to contract management of rural land in accordance with the law and engage in household contract management shall be contracted for rural management
Household.
Article 56 The debts of self-employed industrial and commercial households shall be borne by personal property if they are operated by an individual;
Yijia if they are operated by a family, they shall be borne by family property; if they are indistinguishable,
Court property commitments.
The debts of rural contractual households shall be borne by the property of the rural households engaged in the contractual management of rural land;
The property commitment.

Chapter III Legal Person
Section 1 General Provisions
Article 57 A legal person is 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.
Article 58 A legal person shall be established in accordance with the law.
A legal person shall have its own name, organizational structure, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with laws and administrative regulations.
set.
The establishment of a legal person shall be subject to the approval of relevant agencies as required by laws and administrative regulations.
Article 59 The capacity for civil rights and capacity for civil conduct of a legal person shall be created when the legal person is established and shall be eliminated when the legal person is terminated.
Article 60 A legal person shall independently bear civil liability with all its property.
Article 61 In accordance with the provisions of the law or the articles of association of a legal person, the person in charge of civil activities on behalf of a legal person shall be the legal representative of the legal person.
The legal consequences of civil activities undertaken 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 legal person's authority to restrict the legal representative's power of representation shall not be opposed to a bona fide counterpart.
Article 62 If 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 seek compensation from the legal representative who is at fault in accordance with the law or the legal person's articles of association.
Article 63 The domicile of a legal person is the place where its main office is located. Where legal person registration is required in accordance with the law, the location of the main office shall be registered as
residence.
Article 64 If the registered items change during the existence of a legal person, it shall apply to the registration authority for change registration according to law.
Article 65 If the actual situation of a legal person is inconsistent with the registered matters, it shall not confront its bona fide counterpart.

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Article 66 The registration authority shall promptly publicize the relevant information on the registration of legal persons in accordance with the law.
Article 67 In the event of a merger of legal persons, their rights and obligations shall be enjoyed and assumed by the merged legal person.
In the case of a division of a legal person, the rights and obligations of the legal person after the division shall enjoy joint claims and bear joint debts, unless the creditor and the debtor have agreed otherwise.
Article 68 If there is one of the following reasons and the liquidation and deregistration are completed in accordance with the law, the legal person shall be terminated:
(1) Dissolution of legal persons;
(2) The legal person is declared bankrupt;
(3) Other reasons stipulated by law.
If the legal person terminates, the laws and administrative regulations require the approval of relevant agencies, in accordance with their provisions.
Article 69 In any of the following circumstances, a legal person shall be dissolved:
(1) The existence period stipulated in the legal person's articles of association expires or other reasons for dissolution stipulated in the legal person's articles of association appear;
(2) The legal person's authority decides to dissolve;
(3) Dissolution is required due to the merger or division of legal persons;
(4) The legal person has its business license or registration certificate revoked in accordance with the law, and is ordered to close down or be revoked;
(5) Other circumstances stipulated by law.
Article 70 Where a legal person is dissolved, except in the case of merger or division, the liquidation obligor shall form a liquidation team to conduct liquidation in a timely manner.
The directors, directors and other executive bodies or members of decision-making bodies of legal persons are the liquidation obligors. Where laws and administrative regulations provide otherwise, follow those provisions.
If the liquidation obligor fails to perform its liquidation obligations in a timely manner and causes damages, it shall bear civil liability; the competent authority or interested parties may apply to the people’s court for instructions
Relevant personnel shall be appointed to form a liquidation team for liquidation.
Article 71 The liquidation procedures and the powers of the liquidation team of legal persons shall be in accordance with the provisions of the relevant laws; if there are no provisions, the relevant provisions of the applicable company law shall be referred to.
Article 72 During the period of liquidation, the legal person shall exist, but shall not engage in activities unrelated to the liquidation.
The remaining property after the liquidation of a legal person shall be dealt with in accordance with the provisions of the legal person's articles of association or the resolution of the legal person's authority. If the law provides otherwise, follow those provisions.
When the liquidation is completed and the cancellation of the legal person registration is completed, the legal person shall be terminated; if the legal person registration is not required in accordance with the law, the legal person shall be terminated when the liquidation is completed.
Article 73: Where a legal person is declared bankrupt, the legal person shall terminate when it undergoes bankruptcy liquidation in accordance with the law and completes the deregistration of the legal person.
Article 74 A legal person may establish branches in accordance with the law. Where laws and administrative regulations stipulate that branch offices should be registered, follow those regulations.
A branch engages in civil activities in its own name, and the civil liability arising from it shall be borne by the legal person; it may also be borne by the property managed by the branch first.
If it is borne, it shall be borne by the legal person.
Article 75 The legal consequences of the civil activities undertaken by the founder to establish a legal person shall be borne by the legal person; if aInherit
legal person is not established, the legal consequences shall be borne by the founder
If there are two or more founders, they shall enjoy joint claims and bear joint debts.
The third party has the right to choose to request the legal person or the founder to bear the civil liabilities arising from the establishment of a legal person to engage in civil activities in his own name.

Section 2 For-profit legal persons
Article 76 A legal person established for the purpose of obtaining profit and distributing it to shareholders and other investors is 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 shall be registered and established in accordance with the law.

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Article 78 A for-profit legal person established in accordance with the law shall be issued a business license for a for-profit legal person by the registration authority. The date of issuance of the business license is the date of establishment of the for-profit legal person
period.
Article 79 To establish a for-profit legal person, a legal person charter shall be formulated in accordance with the law.
Article 80 A for-profit legal person shall establish an authority.
The authority exercises to amend the legal person's charter, elect or replace the members of the executive body, the supervisory body, and other functions and powers specified in the legal person's charter.
Article 81 A for-profit legal person shall establish an enforcement agency.
The executive agency exercises the power to convene a meeting of the agency to determine the business plan and investment plan of the legal person, determine the establishment of the legal person's internal management organization, and the legal person charter
Other powers as required.
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 legal person’s articles of association; there is no board of directors
Or for executive directors, the main person in charge specified in the legal person’s articles of association shall be its executive agency and legal representative.
Article 82 Where a for-profit legal person has a board of supervisors or supervisors and other supervisory institutions, the supervisory institution shall exercise the supervision of the legal person’s finances, and supervise the members of the executive body,
The behavior of senior management personnel to perform the duties of a legal person, and other functions and powers stipulated in the legal person’s charter.
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; abuse the rights of the investor to cause the legal person
Or if other investors lose, they 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 legal person’s creditors; abuse the independent status of the legal person and the investor
Limited liability, evasion of debts, which seriously damages the interests of legal person creditors, shall be jointly and severally liable for the legal person’s debts.
Article 84: The controlling investors, actual controllers, directors, supervisors, and senior managers of a for-profit legal person shall not use their relationship
Profit
to damage the legal person
Benefits; if the use of the association relationship causes losses to a legal person, it shall be liable for compensation.
Article 85: For-profit legal person’s authority and executive body make resolutions for meeting convening procedures and voting methods that violate laws, administrative regulations, and legal person’s articles of association
, Or if the content of the resolution violates the articles of association of the legal person, the investor of the for-profit legal person may request the people's court to revoke the resolution. However, the for-profit legal person is in good faith in accordance with the resolution.
The civil legal relationship formed by the person will not be affected.
Article 86 A for-profit legal person engaged in business activities shall abide by business ethics, maintain transaction safety, accept supervision byRen.
the government and society, and assume social responsibilities.

Section 3 Non-profit legal persons
Article 87 A legal person that is established for public welfare or other non-profit purposes and does not distribute the profits obtained to investors, founders or members shall be non-profit
Lifa people.
Non-profit legal persons include public institutions, social organizations, foundations, and social service organizations.
Article 88 A public institution established with the qualifications of a legal person to meet the needs of economic and social development and provide
thingpublic welfare services shall be registered and established in accordance with the law and obtain
Business unit legal person status; if legal person registration is not required in accordance with the law, it shall have the status of a business unit legal person from the date of establishment.
Article 89 Where a public institution legal person establishes a board of directors, the board of directors shall be its decision-making body, unless otherwise provided by law. The legal representative of an institution legal person
Produced in accordance with the provisions of laws, administrative regulations or legal person’s articles of association.
Article 90: A social organization established for non-profit purposes such as public welfare or the common interests of members based on the common will of members with the qualifications as a legal person shall
The legal registration is established to obtain the legal person status of a social organization; if the legal person registration is not required in accordance with the law, it shall have the legal person status of a social organization from the date of establishment.
Article 91: To establish a social organization as a legal person, a legal person charter shall be formulated in accordance with the law.
The legal person of a social organization shall set up a body of power such as a member assembly or a member representative assembly.
The legal person of a social organization shall establish an executive body such as a council. The chairman or the chairman and other responsible persons shall act as the legal representative in accordance with the provisions of the legal person's articles of association.
Article 92. Foundations, social service organizations, etc. that have the qualifications for a legal person and are established to donate property for public
help welfare purposes shall be registered and established in accordance with the law and receive donations.
Legal personality.
Where religious activity venues established in accordance with the law meet the requirements of a legal person, they may apply for legal person registration
field
and obtain the status of a donation legal person. Laws and administrative regulations on religious activities
All regulations shall be in accordance with their regulations.

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Article 93 To establish a donation legal person, a legal person charter shall be formulated in accordance with the law.
The donating legal person shall establish a council, a democratic management organization and other decision-making institutions, as well as an executive institution. The chairman and other persons in charge shall act as the statutory
Representative.
The donated legal person shall establish a supervisory board such as a board of supervisors.
Article 94 Donors have the right to inquire about the use and management of the donated property from the donating legal person, and to put forward opinions and suggestions. The donating legal person shall be timely and if
Real answer.
The decision-making agency, executive agency, or legal representative of the donated legal person violates the law, administrative regulations, or the legal person’s charter, or the content of the decision violates
In the case of an anti-corporate charter, the donor or other interested parties or the competent authority may request the people's court to revoke the decision. However, the donating legal person is opposed to good faith according to the decision
The civil legal relationship formed by people is not affected.
Article 95 When a non-profit legal person established for the purpose of public welfare terminates, it shall not distribute the remaining property to the investor, founder or member. Residual property should
It is 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 handled in accordance with the provisions of the legal person’s articles of association or the resolution of the authority, the supervisor
The agency presiding is transferred to a legal person with the same or similar purpose and an announcement is made to the public.

Section 4 Special Legal Person
Article 96 The legal persons of the organs, rural collective economic organizations, urban and rural cooperative economic organizations, and grassroots mass autonomous organizations specified in this section
A legal person is a special legal person.
Article 97. Independently funded organs and statutory bodies undertaking administrative functions shall have the qualifications of organ legal persons from the date of establishment and may engage in the performance of their duties.
Can meet the required civil activities.
Article 98 If an agency legal person is revoked, the legal person terminates, and its civil rights and obligations shall be enjoyed and assumed by thelaw
successor agency legal person; there is no successor agency
Persons, enjoyed and borne by the agency legal person that made the revocation decision.
Article 99 Rural collective economic organizations obtain legal person status in accordance with the law.
Where laws and administrative regulations have provisions on rural collective economic organizations, follow those provisions.
Article 100 Cooperative economic organizations in urban and rural areas shall obtain legal person status in accordance with the law.
Where laws and administrative regulations have provisions on cooperative economic organizations in urban and rural areas, follow those provisions.
Article 101 Residents’ committees and villagers’ committees have the legal personality of basic-level mass autonomous organizations, and can engage in civil activities required to perform their functions.
move.
If a village collective economic organization has not been established, the village committee may act on behalf of the village collective economic organization in accordance with the law.

Chapter IV Unincorporated Organization
Article 102 An unincorporated organization is an organization that does not have the status of a legal person but can engage in civil activities in its own name in accordance with the law.
Unincorporated organizations include sole proprietorships, partnerships, professional service organizations without legal personality, etc.
Article 103 Unincorporated organizations shall register in accordance with the provisions of the law.
The establishment of an unincorporated organization shall be subject to the approval of relevant agencies as required by laws and administrative regulations.
Article 104 If the property of an unincorporated organization is insufficient to pay off its debts, its investor or founder shall bear unlimited liability. If the law provides otherwise, in accordance with
Its provisions.
Article 105 An unincorporated organization may determine one or more persons to engage in civil activities on behalf of the organization.
Article 106 In any of the following circumstances, an unincorporated organization shall be dissolved:
(1) The period of existence stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association appear;
(2) The investor or founder decides to dissolve;

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(3) Other circumstances stipulated by law.
Article 107 Where an unincorporated organization is dissolved, it shall be liquidated according to law.
Article 108 In addition to the provisions of this chapter, unincorporated organizations shall refer to the relevant provisions of Chapter 3, Section 1 of this title.

Chapter V Civil Rights
Article 109 The personal freedom and personal dignity of natural persons shall be protected by law.
Article 110 Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy, and autonomy in marriage
And other rights.
Legal persons and unincorporated organizations have the right to name, reputation and honor.
Article 111 The personal information of natural persons shall be protected by law. Any organization or individual who needs to obtain the personal information of others shall obtain and
To ensure information security, you must not illegally collect, use, process, or transmit the personal information of others, and you must not illegally buy or sell, provide, or disclose the personal information of others.
Article 112 The personal rights of natural persons arising from marriage and family relations are protected by law.
Article 113 The property rights of civil entities shall be equally protected by law.
Article 114: Civil entities enjoy property rights in accordance with the law.
Real right is the right holder’s direct control and exclusive right to a specific property in accordance with the law, including ownership, usufructuary rights and security real rights.
Article 115 Property includes real property and movable property. Where the law provides that rights are the object of property rights, 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, those who expropriate or requisition real or movable property in accordance with the powers and procedures prescribed by law shall be granted public interest.
Fair and reasonable compensation.
Article 118 Civil entities enjoy creditor's rights in accordance with the law.
The creditor’s right is due to contract, tort, unreasonable management, unjust enrichment, and other provisions of the law. The right holder requests a specific obligation to do or not to do a certain behavior.
s right.
Article 119: Contracts established in accordance with the law are 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 the tort liability.
Article 121 Those who do not have statutory or agreed obligations and manage to avoid loss of others’ interests shall have the right to request the beneficiary to repay the
Necessary expenses incurred.
Article 122 The person who suffers the loss has the right to request the return of the improper benefits because the others have no legal basis and obtain improper benefits.
Article 123 Civil entities enjoy intellectual property rights in accordance with the law.
Intellectual property rights are the exclusive rights enjoyed by right holders with respect to the following objects in accordance with the law:
(1) Works;
(2) Inventions, utility models, and appearance designs;
(3) Trademarks;
(4) Geographical indications;
(5) Commercial secrets;
(6) Integrated circuit layout design;
(7) New plant varieties;

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(8) Other objects stipulated by law.
Article 124 Natural persons enjoy the right of inheritance in accordance with the law.
The legal private property of natural persons may be inherited in accordance with the law.
Article 125 Civil entities enjoy equity and other investment rights in accordance with the law.
Article 126: Civil entities enjoy other civil rights and benefits provided by law.
Article 127 Where the law has provisions on the protection of data and network virtual property, follow those provisions.
Article 128: Where the law has special provisions for the protection of civil rights of minors, the elderly, the disabled, women, consumers, etc., those
set. provisions shall be followed.
Article 129 Civil rights may be obtained based on civil juristic acts, factual acts, events provided for by law, or other methods provided for by law.
Article 130: Civil entities shall exercise their civil rights in accordance with their own wishes without interference.
Article 131 When a civil subject exercises its rights, it shall perform the obligations stipulated by law and agreed upon by the parties.
Article 132: Civil entities shall not abuse their civil rights to harm the national interest, social public interest, or the lawful rights and interests of others.

Chapter VI Civil Legal Acts
Section 1 General Provisions
Article 133 A civil juristic act is an act in which a civil subject establishes, changes, or terminates a civil legal relationship through an expression of will.
Article 134 A civil juristic act may be established based on the unanimous expression of the will of two or more parties, or it may be established on the basis of the expression of a unilateral intention.
If a legal person or an unincorporated organization makes a resolution in accordance with the discussion methods and voting procedures prescribed by the law or its articles of association, the resolution shall be established.
Article 135 Civil juristic acts may be in written, oral, or other forms; laws, administrative regulations or parties’ agreement
If a specific form is adopted, the specific form shall be adopted.

set

Article 136 Civil juristic acts shall take effect upon establishment, unless otherwise provided by law or agreed by the parties.
The perpetrator shall not change or terminate the civil juristic act without the consent of the law or without the consent of the other party.

Section 2 Expression of Intention
Article 137 The expression of intention made through dialogue shall take effect when the counterpart knows the content.
The expression of intent made in a non-dialogue manner will take effect when it reaches the counterparty. A non-dialogue way of expressing meaning in the form of data messages, relative to people’s
If a specific system is designated to receive a data message, the data message will take effect when it enters the specific system; if a specific system is Data
not designated,
cable
the relative person knows or should know the
The text takes effect when it enters its system. If the parties have otherwise agreed on the effective time of the expression of intent in the form of data messages, such agreement shall be followed.
Article 138 There is no expression of the intent of the counterpart, and the expression shall take effect upon completion. If the law provides otherwise, follow those provisions.
Article 139 The expression of intent made in the form of an announcement shall take effect when the announcement is issued.
Article 140 The perpetrator may express or imply an expression of intention.
Silence can be regarded as an expression of intent only when there are legal provisions, agreements between the parties, or in accordance with the trading habits between the parties.
Article 141 The perpetrator may withdraw the expression of intention. The notice to withdraw the expression of intent shall be before the expression of intent reaches the counterpart
Reach the opposite person at the same time.
Article 142 The interpretation of the intention expressed by the counterpart should be based on the words and sentences used in conjunction with the
used
relevant clauses, the nature and purpose of the act, and the practice.
And the principle of good faith to determine the meaning of the meaning.

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The interpretation without the meaning of the counterpart should not be completely constrained by the words and sentences used, but should be combined with the relevant clauses, the nature and purpose of the act, the habits and
The principle of good faith determines the true meaning of the perpetrator.

Section 3 Effectiveness of Civil Legal Acts
Article 143: Civil juristic acts that meet the following conditions are valid:
(1) The perpetrator has the corresponding capacity for civil conduct;
(2) The intention is true;
(3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144 The civil juristic act performed by a person without civil capacity is invalid.
Article 145 Civil juristic acts performed by persons with limited capacity for civil conduct that are purely profitable or suitable for their age, intelligence, or mental health
The corresponding civil juristic acts are valid; other civil juristic acts carried out are effective after the legal representative agrees or ratifies.
The counterparty may urge the legal agent to ratify it within 30 days from the date of receipt of the notice. If the legal representative fails to make a statement, it shall be deemed as a refusal to ratify. Civil
Before the legal act is ratified, the bona fide counterpart has the right to revoke it. The withdrawal shall be made by means of notice.
Article 146 The civil juristic acts performed by the perpetrator and the counterparty with false intentions are invalid.
The validity of a civil juristic act that conceals a false meaning shall be handled in accordance with the relevant laws and regulations.
Article 147 For civil juristic acts carried out based on major misunderstandings, the perpetrator has the right to request the people's court or arbitration institution to revoke it.
Article 148 Where a party uses fraudulent means to cause the other party to perform a civil legal act contrary to its true intentions, the fraudulent party has the right to request the people
The court or arbitration institution shall revoke it.
Article 149 The third party commits a fraudulent act so that the other party knows or should a civil juristic act committed against the true intentions of the other party.
If the fraud is known, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 150 If one party or a third party uses coercive means to cause the other party to perform civil legal acts contrary to the true intentions, the coerced party has the right
Request the people's court or arbitration institution to revoke it.
Article 151: If one party takes advantage of the other party’s distress, lack of judgment, etc., resulting in a civil juristic act that was clearly unfair when it was established, the damage
The injured party has the right to request the people's court or arbitration institution to revoke it.
Article 152 In any of the following circumstances, the right of cancellation shall be extinguished:
(1) Within one year from the date when the party knew or should have known the reason for the revocation, and the party who had a major misunderstanding knew or should have known the reason for the revocation within one year
Failure to exercise the right of cancellation within 90 days;
(2) The party concerned has been coerced and has not exercised the right of revocation within one year from the date of termination of the coercive act;
(3) After the parties know the reasons for the revocation, they clearly express or express their own actions to waive the right of revocation.
If the party fails to exercise the right of revocation within five years from the date of the civil juristic act, the right of revocation shall be extinguished.
Article 153 Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, this mandatory provision does not lead to the civil law
Except for invalid behavior.
Civil juristic acts that violate public order and good customs are invalid.
Article 154: Civil juristic acts that harm the lawful rights and interests of others by malicious collusion between the perpetrator and the counterpart are invalid.
Article 155 Civil juristic acts that are invalid or revoked have no legal binding force from the beginning.
Article 156 Where a civil juristic act is partially invalid and does not affect the effectiveness of other parts, the other parts are still valid.
Article 157 After a civil juristic act is invalid, revoked, or determined to have no effect, the property acquired by the perpetrator as a result of the act shall be returned
; If it is impossible or unnecessary to return, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered therefrom; if all parties are at fault, they shall
Each bears corresponding responsibilities. If the law provides otherwise, follow those provisions.

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Section 4 Attached Conditions and Time Limits for Civil Juristic Acts
Article 158 Civil juristic acts may be subject to conditions, except for those that cannot be subject to conditions based on their nature. Civil juristic acts subject to effective conditions, self
It takes effect when the condition is fulfilled. Civil juristic acts with dissolution conditions shall become invalid when the conditions are fulfilled.
Article 159 In a conditional civil juristic act, if the parties improperly prevent the condition from being fulfilled for their own benefit, it shall be deemed
Do notthat the condition has been fulfilled;
If the conditions are properly promoted, it is deemed that the conditions are not fulfilled.
Article 160 Civil juristic acts may be accompanied by a time limit, except for those that cannot be accompanied by a time limit due to their nature. Civil juristic acts with an effective period, voluntarily
The time limit will take effect. Civil juristic acts with a time limit for termination shall become invalid upon the expiration of the time limit.

Chapter VII Agent
Section 1 General Provisions
Article 161 Civil entities may perform civil juristic acts through agents.
In accordance with the law, agreement by the parties, or the nature of the civil juristic act, a civil juristic act that should be performed by the person himself shall not be represented.
Article 162 The civil juristic acts performed by the agent in the name of the principal within the power of agency shall have effect on the principal.
Article 163 Agency includes entrusted agency and statutory agency.
The entrusted agent shall exercise the power of agency in accordance with the entrustment of the principal. The legal agent shall exercise the power of agency in accordance with the provisions of the law.
Article 164 Where an agent fails to perform or does not fully perform his duties, causing damage to the principal, he shall bear civil liability.
Where the agent and the counterparty collude maliciously to damage the legal rights and interests of the principal, the agent and the counterparty shall bear joint and several liability.

Section 2 Entrusted Agency
Article 165 Where the authorization of an entrusted agency is in written form, the letter of authorization shall specify the name of the agent, the agency matters, the authority and
The time limit shall be signed or sealed by the principal.
Article 166 Where several persons are agents of the same agency matter, they shall jointly exercise the agency power, unless the parties agree otherwise.
Article 167 The agent knows or should know that the agency matter is illegal and still performs the agency act, or the agent knows or should know the agency
If the agent’s act of acting is illegal without expressing opposition, the principal and the agent shall bear joint and several liability.
Article 168 An agent shall not perform civil juristic acts with himself in the name of the principal, unless the principal agrees or ratifies it.
The agent shall not perform civil juristic acts in the name of the principal with other persons he represents at the same time, but unless the two parties agree or ratify
outer.
Article 169 Where an agent needs to entrust a third party to act as an agent, it shall obtain the consent or ratification of the principal.
If the delegated agency is approved or ratified by the principal, the principal may directly instruct the delegated third party regarding the agency affairs, and the agent only deals with the third party’s
Selection and responsibility for the instructions of the third party.
If the delegated agency does not have the consent or ratification of the principal, the agent shall be liable for the actions of the delegated third party; however, in an emergency
Except where the manager needs to entrust a third-party agent in order to protect the interests of the principal.
Article 170 Persons who perform the tasks of a legal person or unincorporated organization shall, in the name of the legal person or unincorporated organization, in matters within the scope of their powers
Civil juristic acts carried out shall have effect on legal persons or unincorporated organizations.
Legal persons or unincorporated organizations restrict the scope of powers of personnel performing their work tasks, and must not oppose their counterparts in good faith.
Article 171 If the actor does not have the agency power, exceeds the agency power, or after the agency power is terminated, he still performs agency acts without being ratified by the agent,
It has no effect on the principal.

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The counterparty may urge the principal to ratify within 30 days from the date of receipt of the notice. If the principal fails to make a statement, it shall be deemed as a refusal to ratify. Acting person
The bona fide counterpart has the right to rescind the behavior before it is ratified. The withdrawal shall be made by means of notice.
If the act performed by the perpetrator has not been ratified, the bona fide counterpart has the right to request the perpetrator to perform debts or to request compensation from the perpetrator for the damage suffered. but,
The scope of compensation shall not exceed the benefits that the counterparty can obtain when the principal ratifies it.
If the counterparty knows or should know that the perpetrator is not authorized to act as an agent, the counterparty and the perpetrator shall be liable in accordance with their respective faults.
Article 172 If the actor does not have the agency power, surpasses the agency power, or after the agency power is terminated, he still performs agency behavior, and the counterparty has reason to believe the behavior
Where a person has the power of agency, the act of agency shall be effective.

Section 3 Agency Termination
Article 173 The entrusted agency shall be terminated under any of the following circumstances:
(1) The agency period expires or the agency affairs are completed;
(2) The principal cancels the entrustment or the agent resigns from the entrustment;
(3) The agent loses capacity for civil conduct;
(4) The agent or the principal dies;
(5) The legal person or unincorporated organization acting as the agent or the principal is terminated.
Article 174 After the death of the principal, the agency act carried out by the entrusted agent shall be effective in any of the following circumstances:
(1) The agent does not know and should not know that the principal has died;
(2) The heir of the principal shall recognize it;
(3) It is stated in the authorization that the agency right shall terminate when the agency transaction is completed;
(4) It has been implemented before the principal's death, and the agency continues for the benefit of the principal's heirs.
If the legal person or unincorporated organization that is the principal is terminated, the provisions of the preceding paragraph shall apply by reference.
Article 175 In any of the following circumstances, the legal agency shall terminate:
(1) The principal acquires or restores full capacity for civil conduct;
(2) The agent loses capacity for civil conduct;
(3) The agent or the principal dies;
(4) Other circumstances stipulated by law.

Chapter 8 Civil Liability
Article 176 Civil entities shall perform civil obligations and bear civil liabilities in accordance with the provisions of the law or in accordance with the agreement of the parties.
Article 177 Two or more persons shall bear the responsibility according to the law, and if the degree of responsibility can be determined, each shallofbear the corresponding responsibility; it is difficult to determine the degree of responsibility
, The average responsibility.
Article 178 Where two or more persons are jointly and severally liable in accordance with the law, the obligee shall have the right to request some or all of the jointly liable persons to bear the responsibility.
The share of responsibility of the joint and several persons shall be determined according to their respective responsibilities; if it is difficult to determine the responsibilities, they shall assume the responsibilities evenly. Actual responsibility exceeds one's own responsibility
The share of the joint and several liable persons shall have the right to recover compensation from other joint and several liable persons.
Joint liability shall be stipulated by law or agreed upon by the parties.
Article 179 The main methods of assuming civil liability are:

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(1) Stop the infringement;
(2) Eliminate obstacles;
(3) Eliminate danger;
(4) Returning property;
(5) Restoration;
(6) Repair, remake and replace;
(7) Continue to perform;
(8) Compensation for losses;
(9) Payment of liquidated damages;
(10) Eliminate the impact and restore reputation;
(11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of assuming civil liability provided in this article may be applied individually or in combination.
Article 180 If civil obligations cannot be performed due to force majeure, civil liabilities shall not be assumed. If the law provides otherwise, follow those provisions.
Force majeure is an objective situation that cannot be foreseen, avoided, and cannot be overcome.
Article 181 No civil liability shall be borne for damage caused by legitimate defense.
If the legitimate defense exceeds the necessary limit and causes undue damage, the legitimate defense person shall bear appropriate civil liability.
Article 182 If damage is caused by emergency avoidance of danger, the person who caused the danger shall bear civil liability.
If the danger is caused by natural causes, the emergency avoider shall not bear civil liability and may be given appropriate compensation.
If the emergency avoidance measures are improperly taken or exceed the necessary limit, causing undue damage, the emergency avoidance person shall bear appropriate civil liability.
Article 183: If one is harmed by protecting the civil rights and interests of others, the tortfeasor shall bear civil liability, and the beneficiary may provide appropriate compensation. No
If the infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 184 In the event of damage to the recipient due to voluntary emergency rescue, the rescuer shall not bear civil liability.
Article 185 Whoever infringes on the names, portraits, reputation, or honor of heroes and martyrs, or harms the public interests of the society, shall bear civil liability.
Article 186 Where a party’s breach of contract damages the other’s personal rights and property rights, the injured party has the right to choose to request it to bear the breach of contract.
Liability or tort liability.
Article 187: Where a civil entity should bear civil, administrative, and criminal liability for the same act, the administrative liability or criminal liability shall not be assumed.
Affect the assumption of civil liability; if the property of the civil subject is not enough to pay, it shall be used first to bear civil liability.

Chapter 9 Limitation of Actions
Article 188 The limitation period for requesting protection of civil rights from the people's court is three years. If the law provides otherwise, follow those provisions.
The limitation period for litigation shall be calculated from the date when the right holder knew or should have known the damage to the right and the obligor. If the law provides otherwise, follow those provisions. but
Yes, the people’s court will not protect the rights for more than 20 years from the date of damage. In special circumstances, the people’s court may decide to extend the rights based on the right holder’s application.
long.
Article 189 If the parties agree to perform the same debt in installments, the statute of limitations period shall be calculated from the date when the last period of performance expires.

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Article 190 The statute of limitations for a person with no capacity for civil conduct or a person with limited capacity for civil conduct for the right of claim against his legal representative shall start from the statutory period.
Calculated from the date of termination of the agency.
Article 191 The statute of limitations for the right to claim damages for sexual assaults suffered by minors shall be calculated from the day when the victim reaches 18 years of age.
Article 192 Upon the expiration of the statute of limitations, the obligor may raise a defense of non-performance of the obligation.
After the expiration of the statute of limitations, if the obligor agrees to perform, he shall not use the expiration of the statute of limitations as a reason for defense; if the obligor has performed voluntarily, he shall not request
Return.
Article 193: People's courts shall not actively apply the provisions on the statute of limitations.
Article 194 In the last six months of the limitation period, if the right of claim cannot be exercised due to the following obstacles, the limitation period shall be suspended:
(1) Force majeure;
(2) A person with no capacity for civil conduct or a person with limited capacity for civil conduct does not have a legal representative, or the legal representative dies, loses civil capacity, or loses
Agency
(3) The successor or the administrator of the estate has not been determined after the start of the inheritance;
(4) The right holder is controlled by the obligor or other persons;
(5) Other obstacles that prevent the right holder from exercising the right of claim.
Six months from the date when the reasons for the suspension of the statute of limitations are eliminated, the statute of limitations period expires.
Article 195 In any of the following circumstances, the statute of limitations shall be suspended, and the statute of limitations shall be recalculated from the time of suspension and termination of relevant procedures:
(1) The right holder submits a request for performance to the obligor;
(2) The obligor agrees to perform the obligation;
(3) The right holder initiates a lawsuit or applies for arbitration;
(4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.
Article 196 The statute of limitations does not apply to the following claims:
(1) Request to stop the infringement, remove the obstruction, and eliminate the danger;
(2) The owners of real property rights and registered movable property rights request the return of property;
(3) Requesting payment of maintenance, alimony or maintenance;
(4) Other claim rights that do not apply the statute of limitations in accordance with the law.
Article 197 The period, calculation method, and reasons for suspension or interruption of the statute of limitations shall be stipulated by law, and the agreement of the parties shall be invalid.
The party's advance waiver of the statute of limitations benefits is invalid.
Article 198 Where the law has provisions on the statute of limitations for arbitration, those provisions shall be followed; if there are no provisions, the provisions on the statute of limitations shall apply.
Article 199 Except as otherwise provided by law, the duration of the rights of revocation, termination and other rights stipulated by law or agreed by the parties shall be known to the right holder.
It should be calculated from the date on which the rights arose or should be known, and the provisions on the suspension, interruption and extension of
Ex-rights
the statute
etc.of limitations do not apply. At the expiration of the period of existence, the right of revocation and settlement
The right is extinguished.

Chapter 10 Period Calculation
Article 200 The period mentioned in the civil law is calculated in accordance with the Gregorian calendar year, month, day, and hour.
Article 201 If the period is calculated based on the year, month, and day, the day it starts is not counted, and the calculation starts on the next day.
If the period is calculated in hours, it shall be calculated from the time stipulated by law or agreed by the parties.

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Article 202 If the period is calculated by year and month, the corresponding day of the due month shall be the last day of the period; if there is no corresponding date, the end of the month shall be the last day of the period.
One day.
Article 203 If the last day of the period is a legal holiday, the day following the end of the legal holiday shall be the last day of the period.
The cut-off time on the last day of the period is 24:00; if there is business time, the time to stop business activities is the cut-off time.
Article 204 The calculation method of the period shall be in accordance with the provisions of this law, unless otherwise provided by law or agreed by the parties.

Part II Property Rights
The first sub-part General
Chapter 1 General Provisions
Article 205 This chapter adjusts the civil relationship arising from the ownership and utilization of the property.
Article 206 The state insists on and perfects the public ownership as the main body, the common development of multiple ownership economies, the distribution according to work as the main body, and the coexistence of multiple distribution methods.
The basic socialist economic system such as the socialist market economic system.
The state consolidates and develops the public sector of the economy and encourages, supports and guides the development of the non-public sector of the economy.
The country implements a socialist market economy and guarantees the equal legal status and development rights of all market players.
Article 207 The property rights of the state, collectives, and individuals and the property rights of other rights holders are equally protected by law, and no organization or individual may infringe.
Article 208 The establishment, modification, transfer and extinction of real estate rights shall be registered in accordance with the law. The establishment
according
andtotransfer of movable property rights shall
Delivered in accordance with the law.

Chapter II Establishment, Modification, Transfer and Elimination of Property Rights
Section 1 Real Estate Registration
Article 209 The establishment, modification, transfer, and extermination of real estate rights shall become effective after being registered in accordance
legal
with the law; without registration, they shall not be effective, but
Unless otherwise specified.
Natural resources owned by the state in accordance with the law may not be registered for ownership.
Article 210 The registration of real property shall be handled by the registration agency in the place where the real property is located.
The state implements a unified registration system for real estate. The scope of unified registration, registration agencies and registration methods shall be prescribed by laws and administrative regulations.
Article 211 When applying for registration, the parties concerned shall provide proof of ownership and necessary materials such as the real estate boundary address and area according to different registration items.
Article 212 The registration agency shall perform the following duties:
(1) Check the ownership certificate and other necessary materials provided by the applicant;
(2) Inquiring the applicant about relevant registration matters;
(3) To register relevant matters truthfully and in time;
(4) Other duties stipulated by laws and administrative regulations.
Where further proof is required for the relevant information of the real estate for which registration is applied for, the registration agency may request the applicant to supplement the materials and check it on the spot when necessary.
Article 213 The registration agency shall not conduct the following acts:
(1) Require evaluation of real estate;

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(2) Repeat registration in the name of annual inspection, etc.;
(3) Other behaviors beyond the scope of registration duties.
Article 214 The establishment, modification, transfer and extinction of real estate rights shall be registered in accordance with the provisions of thehair
law, from the time it is recorded in the real estate register
Effectiveness.
Article 215 Contracts concerning the establishment, modification, transfer, and elimination of real property rights between the parties shall, unless otherwise stipulated by law or the parties are otherwise
Unless otherwise agreed, it shall take effect when the contract is established; if the property right registration is not completed, the validity of the contract will not be affected.
Article 216 The real estate register is the basis for the ownership and content of property rights.
The real estate register is managed by the registration agency.
Article 217 The real property ownership certificate is the proof that the right holder enjoys the real property right. The real property rights belong to the matters recorded in the certificate and should be related to the real property
The register is consistent; if the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Article 218 Right holders and interested parties may apply to inquire about and copy real estate registration materials, which shall be provided by the registration agency.
Article 219 Interested parties shall not disclose or illegally use the real property registration materials of the right holder.
Article 220 If the right holder or interested party believes that the items recorded in the real estate register are wrong, they may apply for correction of registration. Real estate register record
If the right holder agrees to make corrections in writing or there is evidence to prove that the registration is really wrong, the registration agency shall make corrections.
If the right holder recorded in the real estate register does not agree to the correction, the interested party may apply for opposition registration. The registration agency shall register the objection, and the applicant shall object
If a lawsuit is not filed within 15 days from the date of registration, the objection registration shall become invalid. If the objection registration is improper
Damages
and causes damage to the right holder, the right holder can request the applicant
Compensation.
Article 221 When the parties sign an agreement for the purchase and sale of houses or other agreements on real property rights, in order to ensure the realization of real rights in the future, the agreement may be
To apply for advance notice registration with the registration agency. After advance-announcement registration, the disposition of the real property without the consent of the obligee of advance-announcement registration shall not have the effect of property rights.
After advance-announcement registration, if the creditor’s rights are extinguished or if the registration is not applied for within 90 days from the date of real estate registration, the advance-announcement registration shall become invalid.
Article 222 If the parties provide false materials to apply for registration and cause damages to others, they shall be liable for compensation.
If a registration error causes damages to others, the registration agency shall be liable for compensation. After making the compensation, the registration agency may recover the compensation from the person who caused the registration error.
Article 223 The real estate registration fee shall be charged on a piece-by-piece basis, and shall not be charged in proportion to the area, volume or price of the real estate.

Section 2 Movable Property Delivery
Article 224 The establishment and transfer of the rights to the movable property shall become effective upon delivery, unless otherwise provided by law.
Article 225 The establishment, alteration, transfer, and extermination of property rights of ships, aircraft, motor vehicles, etc., without registration, may not confront bona fide third parties.
Article 226 If the movable property rights are already in possession of the movable property before the establishment and transfer, the property rights shall become effective when the civil juristic act takes effect.
Article 227 Before the establishment and transfer of the movable property right, if a third party possesses the movable property, the person obligated to deliver it may request the third party to return it through the transfer.
The right of the original is delivered in lieu of delivery.
Article 228 When the movable property rights are transferred, if the parties agree that the transferor shall continue to occupy the movable property, the property rights shall become effective when the agreement becomes effective.

Section 3 Other Provisions
Article 229 The establishment, modification, transfer or transfer of property rights due to legal documents issued by the people’s courts, arbitration institutions, or expropriation decisions of the people’s government, etc.
If it is eliminated, it shall become effective when the legal document or expropriation decision takes effect.
Article 230 Where property rights are acquired by inheritance, they shall take effect from the beginning of the inheritance.
Article 231 Where property rights are established or eliminated as a result of legal construction or demolition of houses and other factual acts, it shall become effective when the factual act is achieved.

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Article 232 Disposal of the real property rights enjoyed in accordance with the provisions of this section, if registration is required in accordance with the law, without registration, no effect of property rights will occur.
force.

Chapter III Protection of Property Rights
Article 233 Where property rights are infringed, the right holder may resolve it through settlement, mediation, arbitration, litigation, etc.
Article 234 Where a dispute arises due to the ownership and content of the property rights, the interested parties may request confirmation of the rights.
Article 235 Where there is no right to possess real property or movable property, the right holder may request the return of the original property.
Article 236 Where the property right is impeded or may be obstructed, the right holder may request the removal of the obstruction or the elimination of the danger.
Article 237 Where real property or movable property is damaged, the right holder may request repairs, remakes, replacements, or restoration in accordance with the law.
Article 238 Where an infringement of property rights causes damage to the obligee, the obligee may request damages according to law, or may request other civil liabilities
Ren.
Article 239 The property rights protection methods provided in this chapter may be applied separately or combined according to the circumstances of the infringement of the rights.

Part II Ownership
Chapter IV General Provisions
Article 240 The owner of his real or movable property shall have the right to possess, use, benefit from, and dispose of his real or movable property in accordance with the law.
Article 241 The owner has the right to establish usufructuary rights and security real rights in his real or movable properties. Usufructuary right holder, security right holder
The exercise of rights must not damage the rights and interests of the owner.
Article 242 The law stipulates that real and movable properties are exclusively owned by the state, and no organization or individual can acquire ownership.
Article 243 For the sake of public interest, collectively-owned land and organizations and individual houses may be expropriated in accordance with the powers and procedures prescribed by law.
Housing and other real estate.
For expropriation of collectively-owned land, land compensation fees, resettlement subsidies, and rural villagers’ houses, other ground attachments and young crops shall be paid in full and in accordance with the law.
It also arranges social security fees for land-expropriated farmers, guarantees the livelihood of land-expropriated farmers, and safeguards their legal rights and interests.
Expropriation organizations, individuals’ houses and other real estate shall be compensated for expropriation in accordance with the law to protect the legitimate rights and interests of the expropriated;
The living conditions of the expropriated persons should be guaranteed.
No organization or individual may embezzle, misappropriate, privately divide, detain, or delay in collecting compensation fees and other fees.
Article 244 The state implements special protection of cultivated land, strictly restricts the conversion of agricultural land to construction land, and controls the total amount of construction land. Must not violate laws and regulations
Expropriation of collectively-owned land according to the prescribed authority and procedures.
Article 245 For emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, the real estate or property of organizations or individuals may be requisitioned in accordance with the authority and procedures prescribed by law.
Movable property. After the expropriated real property or movable property is used, it shall be returned to the expropriated person. The real or movable property of an organization or individual is expropriated or damaged after expropriation,
If it is lost, it shall be compensated.

Chapter V State Ownership, Collective Ownership, and Private Ownership
Article 246: Property owned by the state as prescribed by law is owned by the state, that is, owned by the whole people.
State-owned property shall be exercised by the State Council on behalf of the state. If the law provides otherwise, follow those provisions.
Article 247 Mineral deposits, water currents, and sea areas belong to the state.
Article 248 Non-resident islands are owned by the state, and the State Council exercises the ownership of non-resident islands on behalf of the state.

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Article 249 Land in cities belongs to the state. The law stipulates that land in rural areas and suburban areas owned by the state belongs to the state.
Article 250 Natural resources such as forests, mountains, grasslands, unreclaimed land, and tidal flats are owned by the state, except for those that are collectively owned by law.
Article 251 Wild animal and plant resources that are state-owned by law are owned by the state.
Article 252 Radio spectrum resources belong to the state.
Article 253 Cultural relics that are state-owned by law are owned by the state.
Article 254 National defense assets belong to the state.
Infrastructure such as railways, highways, power facilities, telecommunications facilities, and oil and gas pipelines are owned by the state in accordance with the law and belong to the state.
Article 255: State organs shall enjoy possession, use, and disposal of the real and movable properties directly controlled by them in accordance with the law and the relevant provisions of the State Council.
s right.
Article 256 The state-run public institutions shall enjoy the possession, use, and ownership in accordance with the law and the State Council’s real and movable properties under their direct control.
The right to stipulate profits and dispositions.
Article 257 For state-funded enterprises, the State Council and local people’s governments shall perform the functions of investor on behalf of the state in accordance with laws and administrative regulations.
Responsibilities, enjoy the rights of investors.
Article 258 State-owned property is protected by law, and any organization or individual is prohibited from occupying, looting, privately dividing, detaining, or destroying.
Article 259 Institutions and their staff that perform the duties of management and supervision of state-owned property shall strengthen the management
promote
and supervision of state-owned property in accordance with the law.
To maintain and increase the value of state-owned property to prevent loss of state-owned property; abuse of power, negligence of duty, and cause loss of state-owned property, shall bear legal responsibility in accordance with the law.
Violation of state-owned property management regulations, low-price transfers, collusion in private divisions, unauthorized guarantees, or other processes
squarein the process of enterprise restructuring, mergers and divisions, and related transactions.
Those who cause loss of state-owned property in a manner shall bear legal responsibility in accordance with the law.
Article 260 The collectively-owned real and movable properties include:
(1) Land and forests, mountains, grasslands, wastelands and beaches that are collectively owned by law;
(2) Collectively-owned buildings, production facilities, and farmland water conservancy facilities;
(3) Educational, scientific, cultural, health, and sports facilities owned by the collective;
(4) Other real and movable properties owned by the collective.
Article 261 The real and movable properties owned by the farmers collectively belong to the collectively owned by the members of the collective.
The following matters shall be decided by members of this collective in accordance with legal procedures:
(1) Land contracting plan and the contracting of land to organizations or individuals other than the collective;
(2) Adjustment of contracted land among individual land contractual management right holders;
(3) Methods for the use and distribution of land compensation fees and other expenses;
(4) Matters such as changes in the ownership of collectively funded enterprises;
(5) Other matters stipulated by law.
Article 262 The ownership of collectively-owned land, forests, mountains, grasslands, wastelands, beaches, etc. shall be exercised in accordance with the following provisions:
(1) If it is collectively owned by village farmers, the village collective economic organization or village committee shall exercise the ownership on behalf of the collective in accordance with the law;
(2) If they are collectively owned by two or more farmers in the village, the collective economic organization or villager group in the village shall exercise the ownership on behalf of the collective in accordance with the law;
(3) If it is collectively owned by township farmers, the collective economic organization of the township shall exercise the ownership on behalf of the collective.
Article 263 The real and movable properties owned by urban collectives shall be possessed, used, benefited and enjoyed by the collective in accordance
Place with the provisions of laws and administrative regulations.
The right to divide.

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Article 264 Rural collective economic organizations, villagers’ committees, and villagers’ groups shall report to this
Collective members announce the status of collective property. Collective members have the right to consult and copy relevant materials.
Article 265 Collectively owned property is protected by law, and any organization or individual is prohibited from embezzling, looting, privately dividing, or destroying.
Where decisions made by rural collective economic organizations, villagers’ committees, or their responsible persons infringe upon the lawful rights and interests of collective members, the infringed collective members may request
The people's court revoked it.
Article 266 Private individuals shall have ownership of their legal income, houses, daily necessities, production tools, raw materials and other real and movable properties.
Article 267: Private legal property is protected by law, and any organization or individual is prohibited from embezzling, looting, or destroying it.
Article 268 The state, collectives and private individuals may, in accordance with the law, contribute capital to establish limited liability companies, joint stock limited companies or other enterprises. State, collective and
If privately-owned real or movable property is invested in an enterprise, the investor shall enjoy the asset income, major decision-making, and the selection of operating managers in accordance with the agreement or the proportion of investment
Wait for rights and fulfill obligations.
Article 269 A for-profit legal person shall have the right to possess, use, benefit from, and dispose of its real and movable properties in accordance with laws, administrative regulations, and articles of association.
Legal persons other than for-profit legal persons shall apply the provisions of relevant laws, administrative regulations and articles of association to their rights to real and movable properties.
Article 270 The real property and movable property legally owned by social organization legal persons and donation legal persons shall be protected by law.

Chapter VI Differentiated Ownership of Buildings by Owners
Article 271 The owner shall have the ownership of the exclusive parts of the building, such as the residence and business premises, and the common parts other than the exclusive part.
The right to have and co-manage.
Article 272 The owner shall have the right to possess, use, profit and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the building
Safe and must not harm the legitimate rights and interests of other owners.
Article 273 The proprietor shall enjoy rights and assume obligations for the common parts other than the exclusive part of the building; he shall not fail to perform his obligations on the grounds of waiving his rights.
Service.
When the owner transfers the residences and business premises in the building, the rights of joint ownership and joint management enjoyed by the owners shall be transferred at the same time.
Article 274 The roads within the building divisions belong to the owners, except for those belonging to urban public roads. The green space in the building area belongs to the industry
It is jointly owned by the owner, except for those belonging to urban public green spaces or those expressly belonging to individuals. Other public places, public facilities and real estate service houses in the building zone belong to
Shared by the owners.
Article 275 The ownership of parking spaces and garages planned to be used for parking cars within the building zone shall be sold, gifted or leased by the parties concerned.
Agreed.
Occupying a road or other space shared by the owners for parking spaces for cars shall belong to the owners.
Article 276 In the building zone, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.
Article 277 Owners may establish an owners’ assembly to elect an owners’ committee. The specific conditions and procedures for the establishment
According
of the owners’
to
assembly and the owners’ committee shall be in accordance with
The provisions of laws and regulations.
The relevant departments of the local people's government and the residents committee shall provide guidance and assistance in the establishment of the owners' assembly and the election of the owners' committee.
Article 278 The following matters shall be jointly decided by the owners:
(1) Formulate and modify the rules of procedure of the owners' meeting;
(2) Formulating and revising management regulations;
(3) Election of the owners' committee or replacement of members of the owners' committee;
(4) Selection and dismissal of real estate service enterprises or other managers;
(5) Use the maintenance funds of the building and its auxiliary facilities;
(6) Raising funds for the maintenance of buildings and their ancillary facilities;

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(7) Reconstruction and reconstruction of buildings and their ancillary facilities;
(8) Changing the purpose of the common part or using the common part to engage in business activities;
(9) Other major matters related to joint ownership and joint management rights.
When the owners jointly decide matters, the owners whose exclusive part accounts for more than two-thirds of the area and whose number accounts for more than two-thirds shall participate in the voting. Decide
The matters stipulated in items 6 to 8 of the preceding paragraph shall be determined by the owners who have participated in the voting for more than three-quarters of the area of ​the exclusive part and the owners who have participated in the voting by more than three-quarters.
The Lord agrees. Decisions on other matters mentioned in the preceding paragraph shall be approved by the owners who have participated in the voting for more than half of the area of ​the exclusive part and the owners who have participated in the voting by more than half.
Article 279 Owners shall not violate laws, regulations and management regulations by changing their residences into houses for business purposes. The owner changes the residence for business use
In addition to complying with laws, regulations and management protocols, the owner of the house shall obtain the unanimous consent of interested owners.
Article 280 The decisions of the owners' assembly or the owners' committee shall be legally binding on the owners.
If a decision made by the owners’ assembly or the owners’ committee infringes on the lawful rights and interests of the owners, the infringed owner may request the people’s court to revoke it.
Article 281 The maintenance funds of the building and its auxiliary facilities shall belong to the owners. It can be used in elevators, roofs, exteriors, and is jointly decided by the owners.
Repair, update, and transformation of common parts such as walls and barrier-free facilities. The raising and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.
If it is necessary to repair the building and its ancillary facilities in an emergency, the owners’ meeting or the owners’ committee may apply for the use of the building and its ancillary facilities according to law.
Maintenance funds.
Article 282 The income generated by the construction unit, real estate service enterprise or other manager using the owner’s common part shall be deducted after deduction of reasonable costs.
Later, it belongs to the owners.
Article 283: Where there is an agreement on matters such as the apportionment of costs and income distribution of the building and its ancillary facilities,
Do not the agreement shall be followed; there is no agreement or agreement
To be clear, it shall be determined according to the proportion of the area occupied by the owner's exclusive part.
Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management of the building and its auxiliary facilities by a real estate service enterprise or other manager.
The owner has the right to replace the real estate service enterprise or other manager hired by the construction unit in accordance with the law.
Article 285 The real estate service enterprise or other manager shall manage the property service contract in accordance with the provisions of the third part of this law on the basis of the owner’s entrustment.
The buildings and their ancillary facilities within the building zone shall be subject to the supervision of the owners, and promptly respond to the owners’ inquiries about the property services.
Real estate service enterprises or other managers shall implement emergency response measures and other management measures implemented by the government in accordance with the law, and actively cooperate with relevant work.
Article 286 The proprietor shall abide by the laws, regulations and management regulations, and the relevant actions shall comply with the requirements
Correctfor resource conservation and protection of the ecological environment.
When real estate service enterprises or other managers implement emergency response measures and other management measures implemented by the government according to law, the owners shall cooperate in accordance with the law.
The owners’ assembly or the owners’ committee shall arbitrarily discard garbage, discharge pollutants or noise, raise animals in violation of regulations,
pay build illegally, occupy passages, and refuse
Property fees and other acts that damage the lawful rights and interests of others, have the right to request the perpetrator to stop the infringement, remove
Risk, recovery
the obstruction, and eliminate the danger in accordance with laws, regulations and management regulations.
Restoration certificate and compensation for losses.
If the owner or other actors refuse to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department
It should be dealt with in accordance with the law.
Article 287 The owner has the right to request the construction unit, real estate service enterprise or other managers and other owners to infringe their own lawful rights and interests.
Ask him to bear civil liability.

Chapter 7 Neighbor Relationship
Article 288 Adjacent right holders of real estate shall correctly deal with neighbours in accordance with the principles of favorable production, convenient living, solidarity and mutual assistance, and fairness and reasonableness.
relationship.
Article 289 Where laws and regulations have provisions on the handling of neighboring relations, follow those provisions; if there are no provisions
used.
in laws and regulations, they may follow local customs.
Article 290 The right holder of real property shall provide necessary convenience for adjacent right holders with water and drainage.
The use of natural flowing water shall be reasonably distributed among adjacent right holders of real estate. For the discharge of natural flowing water, the natural flow direction should be respected.
Article 291 The right holder of real estate shall provide necessary convenience to the neighboring right holders who must use their land due to traffic, etc.

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Article 292 The right holder of real property must use the neighboring property for constructing, repairing buildings and laying wires, cables, water pipes, heating and gas pipelines, etc.
In the case of land or buildings, the owners of the land or buildings shall provide necessary conveniences.
Article 293 The construction of buildings shall not violate the relevant national engineering construction standards, and shall not hinder the ventilation, lighting and sunshine of adjacent buildings.
Article 294 Right holders of real estate shall not dispose of solid wastes, discharge air pollutants, water pollutants, soil pollutants, and noise in violation
sound,of national regulations.
Harmful substances such as light radiation and electromagnetic radiation.
Article 295 The right holder of real property shall not jeopardize the safety of adjacent real property by excavating land, constructing buildings, laying pipelines and installing equipment, etc.
Article 296 Where a real estate right holder uses adjacent real estate for water, drainage, passage, pipeline laying, etc., he shall try his best to avoidmove
dealing with the adjacent real estate.
The property right holder caused damage.

Chapter 8 Total
Article 297 Real estate or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and joint co-ownership.
Article 298 A joint co-owner shall have the ownership of a shared real property or movable property in accordance with its share.
Article 299 A joint co-owner shall have joint ownership of the real or movable property in common.
Article 300 The co-owners shall manage the real property or movable property jointly in accordance with the agreement; if there is no agreement or the agreement is not clear, each co-owner has the right to manage and
obligation.
Article 301 Disposal of shared real property or movable property and major repairs, alteration of nature or use of the shared real property or movable property shall be
When agreed by the share-based co-owners or all the joint co-owners who account for more than two-thirds of the share, unless otherwise agreed between the co-owners.
Article 302 If there is an agreement on the management fees and other burdens of the co-owner of the joint property, the agreement shall be followed;
, if there is no agreement or the agreement is not clear
The co-owners shall bear the burden according to their share, and the joint co-owners shall bear the burden together.
Article 303: Where the co-owners agree not to divide the common real property or movable property in order to maintain the joint relationship, they shall follow the agreement, but the co-owners have important considerations.
If there is a major reason for division, the division may be requested; if there is no agreement or the agreement is not clear, the co-owners in shares may
Some
request
base division at any time.
When the foundation is lost or there is a major reason for division, the division can be requested. If the division causes damage to other co-owners, compensation shall be made.
Article 304 The co-owners may negotiate and determine the method of division. If no agreement is reached, the shared real estate or movable property can be divided and the price will not be reduced due to the division
If it is valued, the physical object shall be divided; if it is difficult to divide or the value will be reduced due to the division, the price obtained by discount or auction or sale shall be divided.
If the real property or movable property obtained by the co-owner's division is defective, the other co-owners shall share the loss.
Article 305 A joint co-owner may transfer the real property or movable property shares he enjoys in common. Other co-owners enjoy priority purchase under the same conditions
The right to buy.
Article 306 Where a co-owner transfers the shared real estate or movable property shares he enjoys in a share, he shall promptly notify the other co-owners of the transfer conditions. its
The other co-owners shall exercise the right of first refusal within a reasonable period of time.
If two or more other co-owners claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase proportions; if the negotiation fails, they shall be based on their respective shares at the time of transfer.
Proportionally exercise the right of first refusal.
Article 307: In terms of external relations, the co-owners shall enjoy joint claims and assume joint debts for the creditor’s rights and debts arising from joint real or movable properties.
However, unless the law provides otherwise or a third party knows that the co-owner does not have a joint creditor's right and debt relationship; in the internal relationship of the co-owner, unless the co-owner agrees otherwise,
Co-owners in shares enjoy creditor's rights and assume debts according to their shares, and co-owners share creditor's rights and assume debts. Repayment of debts more than one's own share of the basis
Co-owners have the right to claim compensation from other co-owners.
Article 308: If the co-owners do not agree on the shared real or movable property as joint ownership or joint co-ownership, or the agreement is not clear, except for the co-owners
Those who have family relations, etc., are considered to be co-owned by shares.
Article 309 If there is no agreement or the agreement is not clear about the share of the real property or movable property shared by the co-owners in share, it shall be determined in accordance with the amount of capital contribution;
If the amount of capital contribution cannot be determined, it shall be deemed to enjoy equal amounts.
Article 310 Where two or more organizations and individuals share usufructuary rights and security real rights, the relevant provisions of this chapter shall be referred to and applied.

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Chapter 9 Special Provisions on Acquisition of Ownership
Article 311 Where a person without the right to dispose of transfers real property or movable property to the transferee, the owner shall have the right
under
to recover it; unless otherwise provided by law, it shall comply with the
In the following circumstances, the transferee acquires the ownership of the real property or movable property:
(1) The transferee was in good faith when the real property or movable property was transferred;
(2) Transfer at a reasonable price;
(3) The transferred real property or movable property that should be registered in accordance with the law has been registered, and the transferee that does not require registration has been delivered to the transferee.
Where the transferee obtains the ownership of the real property or movable property in accordance with the provisions of the preceding paragraph, the original owner shall have the right to request damages from the person without the right of disposition.
Where the parties obtain other property rights in good faith, the provisions of the preceding two paragraphs shall be referred to and applied.
Article 312 The owner or other obligee has the right to recover the lost property. If the lost property is occupied by others through transfer, the right holder has the right to nowhere
The decentralized party requests damages, or requests the transferee to return the original property within two years from the date when the transfereeSell
knew
​or or should have known the transferee;
Where the lost property is purchased from a business operator with business qualifications, the right holder shall pay the expenses paid by the transferee when requesting the return of the restored property. The right holder pays the transferee
After paying the fees, they have the right to claim compensation from the person without the right of disposition.
Article 313 After the bona fide transferee obtains the movable property, the original rights in the movable property shall be extinguished. However, the bona fide transferee knows or should know at the time of the transfer
Except for that right.
Article 314 If the lost property is found, it shall be returned to the obligee. The finder shall promptly notify the right holder to receive it, or send it to the public security and other relevant departments.
Article 315 If the relevant department receives the lost property and knows the right holder, it shall promptly notify the right holder to collect it; ifReport.
it does not know, it shall promptly announce the acquisition notice.
Article 316 Before the finder sends the lost property to the relevant department, the relevant department shall properly keep the lost property before the lost property is collected. Deliberately or
If a person’s gross negligence causes damage to or loss of the lost property, he shall bear civil liability.
Article 317 When collecting the lost property, the right holder shall pay the finder or relevant departments the necessary expenses for keeping the lost property and other expenses.
Where the right holder offers a reward for finding the lost property, he shall perform his obligations as promised when receiving the lost property.
Where the finder has infringed upon the lost property, he has no right to request the expenses incurred by the safekeeping of the lost property, nor does he have the right to request the obligee to perform his obligations as promised.
Article 318 Lost objects shall belong to the state if they are unclaimed within one year from the date of the announcement of the discovery.
Article 319 Where drifting objects, buried objects or hidden objects are found, refer to the relevant regulations governing the application of lost objects. If the law provides otherwise, in accordance with
Follow its rules.
Article 320 If the main property is transferred, the subordinate property shall be transferred with the main property, unless otherwise agreed by the parties.
Article 321 Natural fruits shall be obtained by the owner; if there are both the owner and the owner of the usufructuary, it shall be obtained by theHave
owner of the usufructuary. Parties
If agreed, follow the agreement.
If the parties have agreed upon the statutory fruits, they shall be obtained in accordance with the agreement; if there is no agreement or the agreement is not clear, they shall be obtained in accordance with trading practices.
Article 322: Where there is an agreement, the ownership of the objects resulting from processing, adjunct, or mixing shall be in accordance withaccording
the agreement;
to
if there is no agreement or the agreement is not clear,
Legal provisions; if there are no provisions in the law, it shall be determined in accordance with the principle of giving full play to the effectiveness ofCertainty
the property and protecting the parties who are not at fault. Due to the fault of one of the parties or
If the attribution caused damage to the other party, compensation or compensation shall be given.

The third sub-part usufructuary rights
Chapter X General Provisions
Article 323 The owner of usufructuary rights shall have the right to possess, use, and benefit from the real or movable properties owned by others in accordance with the law.
Article 324 For the natural resources owned by the state or owned by the state for collective use and collectively owned by law, organizations and individuals may legally
To possess, use and benefit.
Article 325 The state implements a system of paid use of natural resources, except as otherwise provided by law.

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Article 326 The usufructuary right holder shall, in exercising his rights, abide by the provisions of the law concerning the protection and rational development and utilization of resources, and the protection of the ecological environment. all
The right holder shall not interfere with the exercise of the right by the usufructuary right holder.
Article 327 Where the usufructuary right is extinguished or affected the exercise of the usufructuary right due to the expropriation or expropriation of real or movable property, the usufructuary right holder has the right to follow
According to the provisions of Article 243 and Article 245 of this law, corresponding compensation will be obtained.
Article 328 The right to use sea areas obtained in accordance with the law shall be protected by law.
Article 329 The rights to prospecting, mining, water-drawing, and the use of waters and tidal flats obtained in accordance with the law to engage in aquaculture and fishing shall be protected by law.

Chapter 11 Land Contract Management Right
Article 330 Rural collective economic organizations implement a two-tier management system based on household contract management and a combination of unified and decentralized operations.
Farmland, forest land, grassland and other land used for agriculture that are collectively owned by farmers and the state is owned by farmers collectively are subject to a land contract management system in accordance with the law
degree.
Article 331: The holder of the right to land contractual management shall have the right to possess, use and benefit from the cultivated land, forestright
land, grassland, etc., that it has contracted for management in accordance with the law.
Engaged in agricultural production such as plantation, forestry, and animal husbandry.
Article 332 The term of contract for cultivated land is 30 years. The contract period for grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years.
At the expiration of the contract period specified in the preceding paragraph, the land contractual management right holder shall continue the contract in accordance with the laws and regulations on rural land contracting.
Article 333 The land contractual management right shall be established when the land contractual management right contract becomes effective.
The registration agency shall issue certificates such as land contractual management right certificates, forest right certificates, etc., to the land contractual management right holders, and register them to confirm the land contractual management rights.
Article 334 The holder of the right to land contractual management shall have the right to exchange or transfer the right of contracted management of land in accordance with the provisions of the law. Without approval according to law, the undertaking shall not be
The land is contracted for non-agricultural construction.
Article 335 Where the right to land contractual management is exchanged or transferred, the parties concerned may apply to the registration agencythree
for registration; without registration, they shall not oppose the bona fide
people.
Article 336 The issuer shall not adjust the contracted land during the contract period.
In special circumstances such as severe damage to the contracted land due to natural disasters, it is necessary to appropriately adjust the contracted arable land and grassland, it shall be handled in accordance with the laws and regulations on rural land contracting.
Rationale.
Article 337 During the contract period, the developer shall not take back the contracted land. If the law provides otherwise, follow those provisions.
Article 338 Where the contracted land is expropriated, the owner of the land contractual management right shall have the right to obtain corresponding compensation in accordance with the provisions of Article 243 of this Law.
Article 339 The holder of the right to land contractual management may independently decide to transfer the land management right to others by leasing, buying shares or other methods in accordance with the law.
Article 340 The owner of land management rights shall have the right to occupy rural land within the time limit stipulated in the contract, independently carry out agricultural production and operation, and obtain profits.
Article 341 Land management rights with a circulation period of more than five years shall be established when the circulation contract becomes effective. The parties can apply to the registration agency for land
Camp right registration; without registration, it is not allowed to confront bona fide third parties.
Article 342 Where rural land is contracted through bidding, auction, public consultation, etc., and the ownership certificate is obtained through registration according to law, the
Rent, buy shares, mortgage or other ways to transfer land management rights.
Article 343 Where the state-owned agricultural land is contracted for management, the relevant provisions of this title shall apply by reference.

Chapter XII Construction Land Use Right
Article 344 The holder of the right to use construction land has the right to possess, use, and benefit from land owned by the state in accordance with the law, and has the right to use the land for construction and construction.
Buildings, structures and ancillary facilities.
Article 345 The right to use construction land may be established on the surface, on the ground or underground.

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Article 346 The establishment of the right to use construction land shall meet the requirements of resource conservation and protection of the ecological environment, and shall comply with laws and administrative regulations regarding land use.
The provisions on use shall not damage the usufructuary rights that have been established.
Article 347: The right to use construction land may be established by means of transfer or allocation.
For industrial, commercial, tourism, entertainment, commercial housing and other business-use land, as well as those who have two or more intentional land users on the same land, bid invitations, auctions, etc. shall be adopted.
Transfer by way of open auction.
Strictly restrict the establishment of construction land use rights through allocation.
Article 348 Where the right to use construction land is established through the transfer of bidding, auction, agreement, etc., the parties shall conclude the construction land use right in written form.
Land use right assignment contract.
The construction land use right assignment contract generally includes the following clauses:
(1) The name and domicile of the party concerned;
(2) Land boundary, area, etc.;
(3) The space occupied by buildings, structures and their auxiliary facilities;
(4) Land use and planning conditions;
(5) The term of the right to use construction land;
(6) Fees such as transfer fees and their payment methods;
(7) The method of resolving disputes.
Article 349 Anyone who establishes the right to use construction land shall apply to the registration agency for the registration of the right to use construction land. Since the registration of the right to use construction land
set up. The registration agency shall issue a certificate of ownership to the holder of the right to use construction land.
Article 350 The holder of the right to use construction land shall use the land rationally and shall not change the use of the land;
Approved by the administrative department.

turn off

Article 351 The owner of the right to use construction land shall pay the transfer fee and other expenses in accordance with the law and the contract.
Article 352 The ownership of buildings, structures and ancillary facilities constructed by the holder of the right to use construction land belongs to the holder of the right to use construction land, but there are
Except for evidence to the contrary.
Article 353 The owner of the right to use construction land has the right to transfer, exchange, contribute capital, donate or mortgage the right to use construction land, but the law has other regulations.
Except for the set.
Article 354 Where the right to use construction land is transferred, exchanged, contributed, donated or mortgaged, the parties shall conclude the corresponding contract in written form.
with. The term of use shall be agreed by the parties, but shall not exceed the remaining term of the right to use construction land.
Article 355 Where the right to use construction land is transferred, exchanged, contributed or donated, an application for change registration shall be filed with the registration agency.
Article 356 Where the right to use construction land is transferred, exchanged, contributed or donated, the buildings, structures and auxiliary facilities attached to the land
Punish together.
Article 357 Where a building, structure and its ancillary facilities are transferred, exchanged, contributed or donated, the building, structure and its ancillary facilities shall occupy
The right to use construction land within the scope of use shall be dealt with at the same time.
Article 358 Before the expiration of the right to use construction land, if the land needs to be recovered in advance due to the public interest, it shall be in accordance with Article 243 of this Law.
According to the regulations, the houses on the land and other real estate shall be compensated, and the corresponding transfer fees shall be refunded.
Article 359 When the term of the right to use residential construction land expires, it shall be automatically renewed. The payment or reduction or of
exemption of renewal fees shall be in accordance with laws and administrative regulations
Regulations apply.
The renewal of the right to use non-residential construction land after the expiry of the term shall be handled in accordance with the law. The ownership of the houses and other real estate on the land is agreed upon
, In accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations.
Article 360 ​If the right to use construction land is extinguished, the transferor shall go through the cancellation registration in a timely manner. The registration agency shall withdraw the ownership certificate.
Article 361 Where collectively-owned land is used as construction land, it shall be handled in accordance with the laws and regulations on land management.

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Chapter XIII Homestead Use Right
Article 362 The owner of the right to use housing sites shall have the right to possess and use collectively-owned land in accordance with the law, and shall have the right to use the land to construct houses in accordance with the law.
And its ancillary facilities.
Article 363 The acquisition, exercise and transfer of the right to use house sites shall be governed by land management laws and relevant national regulations.
Article 364 If the house site is lost due to natural disasters or other reasons, the right to use the house site shall be eliminated. Villagers who have lost their homesteads should be redistributed according to law
Homestead.
Article 365 Where the registered homestead use right is transferred or eliminated, the registration of change or cancellation of registration shall be handled in a timely manner.

Chapter 14 Right of Residence
Article 366 The holder of the right of abode shall have the right to possess and use the usufructuary rights of other people’s houses in accordance with the provisions of the contract, so as to meet the needs of living and living.
want.
Article 367 To establish the right of residence, the parties shall conclude a right of residence contract in written form.
The residency contract generally includes the following clauses:
(1) The name and domicile of the party concerned;
(2) The location of the residence;
(3) Living conditions and requirements;
(4) Duration of the right of residence;
(5) The method of resolving disputes.
Article 368 The right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, it shall apply to the registration agency for registration of the right of residence.
Remember. The right of residence is established at the time of registration.
Article 369 The right of residence shall not be transferred or inherited. The residence with the right of residence may not be rented out, unless otherwise agreed by the parties.
Article 370 When the term of the right of residence expires or the holder of the right of residence dies, the right of residence shall be extinguished. If the right of residence is extinguished, the cancellation of registration shall be handled in a timely manner.
Article 371 Where the right of residence is established in the form of a will, the relevant provisions of this chapter shall be referred to and applied.

Chapter XV Easement
Article 372 The easement holder has the right to use the real estate of others in accordance with the contract to improve the efficiency of his own real estate.
The real property of others mentioned in the preceding paragraph is the servitude, and the real property of oneself is the servitude.
Article 373 To establish an easement, the parties shall conclude an easement contract in written form.
Easement contracts generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) The location of the service area and the required service area;
(3) Purpose and method of utilization;
(4) The term of easement;
(5) Fees and payment methods;

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(6) Methods of resolving disputes.
Article 374 The easement is established when the easement contract becomes effective. If the parties request registration, they can apply to the registration
Board agency for easement registration;
Remember, you must not fight against a third party in good faith.
Article 375 The right holder of the easement shall, in accordance with the contract, allow the easement owner to use his real property, and shall not interfere with the easement owner's exercise of his rights.
Article 376 The easement holder shall use the servitude in accordance with the purpose and method of use agreed in the contract, and minimize the restrictions on the rights of the servitude.
system.
Article 377 The period of easement rights shall be agreed upon by the parties; however, it shall not exceed the remaining usufructuary rights such as land contractual management rights and construction land use rights.
the term.
Article 378 Where the landowner enjoys or bears easement rights, the land contractual management right, the right to use house sites and other usufructuary rights shall be established.
At that time, the usufructuary right holder continues to enjoy or bear the easement that has been established.
Article 379 Where usufructuary rights such as land contractual management rights, construction land use rights, and homestead use rights have been established on the land, no usufructuary rights have been established.
The owner agrees that the land owner shall not establish easements.
Article 380 Easements shall not be transferred individually. If land contractual management rights, construction land use rights, etc. are transferred, the easements are transferred together, but the contract is different.
Except as agreed.
Article 381 The easement shall not be mortgaged separately. Where land management rights, construction land use rights, etc. are mortgaged, the easement shall be transferred at the same time when the mortgage is realized.
yield.
Article 382 When the required land and the land contracted management right on the required land and the right to use construction land are transferred, the part of the transfer involves the easement
, The transferee also enjoys easements.
Article 383 When the service land and the land contractual management right on the service land, the right to use construction land and other parts are transferred, the part of the transfer involves the easement
, The easement is legally binding on the assignee.
Article 384 Where the easement holder has any of the following circumstances, the easement holder has the right to terminate the easement contract and the easement shall be extinguished:
(1) Abusing easement rights in violation of legal provisions or contractual agreements;
(2) For paid use of the service land, the payment has not been paid after the expiration of the agreed payment period after two reminders within a reasonable time limit.
Article 385 Where the registered easement is altered, transferred or eliminated, the alteration registration or cancellation registration shall be handled in a timely manner.

The fourth sub-part: security rights
Chapter 16 General Provisions
Article 386 The holder of the real right of the security shall enjoy the benefits in accordance with the law in the event that the debtor fails to perform the due debt or when the parties agree to realize the real right of the security.
Guaranteed property has the priority to be compensated, except as otherwise provided by law.
Article 387 In order to guarantee the realization of the creditor’s rights in civil activities such as lending, buying and selling, creditors may require guarantees in accordance with this law and other laws.
The provisions establish security real rights.
Where a third party provides a guarantee to the creditor for the debtor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantees.
Article 388 To establish a real right for security, a security contract shall be concluded in accordance with the provisions of this law and other laws. The guarantee contract includes mortgage contract, pledge
Tonghe other contracts with guarantee function. The guarantee contract is the subordinate contract of the main creditor's right and debt contract. If the principal creditor’s right and debt contract is invalid, the guarantee contract is invalid, but the law
Unless otherwise specified.
After the guarantee contract is confirmed to be invalid, if the debtor, guarantor, or creditor is at fault, they shall each bear corresponding civil liabilities based on their faults.
Article 389 The scope of the security of the security property right includes the principal creditor’s rights and its interest, liquidated damages, damages, safekeeping of the secured property and realization of the security property rights
cost of. The parties have agreed otherwise, in accordance with its agreement.

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Article 390 During the guarantee period, if the secured property is damaged, lost, or expropriated, the owner of the secured property may pay for the insurance money, compensation or compensation received.
Gold etc. shall be paid first. If the time limit for performance of the secured creditor's rights has not expired, the insurance money, compensation money or compensation money may also be deposited.
Article 391 If a third party provides a guarantee, and without its written consent, the creditor allows the debtor to transfer all or part of the debt, the guarantor shall no longer undertake
Take the corresponding guarantee responsibility.
Article 392 Where the secured creditor’s rights are secured by both the property and the person, the debtor fails to perform the due debt or the actual contractual agreement between the parties occurs.
In the case of existing secured real rights, the creditor shall realize the creditor’s rights in accordance with the agreement; if there is no agreement or the
Oneagreement
should is not clear, and the debtor provides the security of the property, the creditor’s rights
First realize the creditor's rights with respect to the security of the property; if a third party provides the security of the property, the creditor can realize
responsibility.
the creditor's rights with the security of the property or request the guarantor to undertake the guarantee
After the third party providing the guarantee bears the responsibility of the guarantee, it shall have the right to recover from the debtor.
Article 393 In any of the following circumstances, the security real right shall be extinguished:
(1) The main creditor's rights are extinguished;
(2) Realization of real rights for security;
(3) The creditor waives the security real right;
(4) Other circumstances in which the law provides for the extinction of real rights for security.

Chapter XVII Mortgage Right
Section 1 General Mortgage Rights
Article 394 In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor shall not
The creditor shall have the right to receive priority in repayment of the property in the event of the fulfillment of the due debt or the realization of the mortgage right as agreed by the parties.
The debtor or the third party mentioned in the preceding paragraph shall be the mortgagor, the creditor shall be the mortgagee, and the property provided as security shall be the mortgaged property.
Article 395 The following properties that the debtor or third party has the right to dispose of may be mortgaged:
(1) Buildings and other land attachments;
(2) The right to use construction land;
(3) The right to use sea areas;
(4) Production equipment, raw materials, semi-finished products, and products;
(5) Buildings, ships and aircrafts under construction;
(6) Means of transportation;
(7) Other properties that are not forbidden by laws and administrative regulations to be mortgaged.
The mortgagor may mortgage the properties listed in the preceding paragraph together.
Article 396: Enterprises, individual industrial and commercial households, and agricultural production operators may use existing and future production equipment, raw materials, semi-finished products, and products.
Mortgage, if the debtor fails to perform the due debt or the parties agree to realize the mortgage right, the creditor has the right to receive priority in respect of the movable property when the mortgaged property is determined.
Compensation.
Article 397 Where a building is mortgaged, the right to use construction land within the scope of the building's occupation shall be mortgaged together. Mortgage with the right to use construction land,
The buildings on the land are mortgaged together.
If the mortgagor fails to mortgage together according to the provisions of the preceding paragraph, the unmortgaged property shall be deemed to be mortgaged together.
Article 398 The construction land use rights of township and village enterprises shall not be mortgaged separately. Mortgage of buildings such as factory buildings of township and village enterprises, the occupation
The right to use construction land within the scope is mortgaged together.
Article 399 The following properties shall not be mortgaged:
(1) Land ownership;

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(2) The right to use collectively-owned land such as homesteads, self-retained land, self-retained mountains, etc., except for those that can be mortgaged as required by law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for public welfare purposes such as schools, kindergartens, and medical institutions;
(4) Property whose ownership or use right is unclear or disputed;
(5) Property that has been sealed up, seized, or supervised in accordance with the law;
(6) Other properties that cannot be mortgaged as required by laws and administrative regulations.
Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form.
Mortgage contracts generally include the following clauses:
(1) The type and amount of the secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name and quantity of the mortgaged property, etc.;
(4) The scope of the guarantee.
Article 401 Before the expiry of the debt performance period, the mortgagee agrees with the mortgagor that the mortgaged property shall belong to the creditor when the debtor fails to perform the due debt.
If the mortgaged property is not paid, the mortgaged property can only be paid first.
Article 402 The property specified in paragraph 1 to paragraph 3 of Article 395 of this law or the building under construction specified in paragraph 5 of this law
Those who are pledged shall go through the mortgage registration. Mortgage rights are established at the time of registration.
Article 403 Where movable property is mortgaged, the right of mortgage shall be established when the mortgage contract becomes effective; it shall not be against bona fide third parties without registration.
Article 404 Mortgage of movable property shall not be against a buyer who has paid a reasonable price and obtained the mortgaged property in normal business activities.
Article 405 Before the mortgage right is established, if the mortgaged property has been leased out and the possession is transferred, the original lease relationship shall not be affected by the mortgage right.
Article 406 During the mortgage period, the mortgagor may transfer the mortgaged property. The parties have agreed otherwise, in accordance with
right
its agreement. If the mortgaged property is transferred, mortgage
Not affected.
If the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request a set-off
The pledger shall pay the debt or deposit the proceeds from the transfer to the mortgagee in advance. The portion of the transferred price exceeding the amount of the creditor's rights belongs to the mortgagor, and the shortfall is caused by
The debtor pays off.
Article 407 The mortgage right shall not be separated from the creditor's rights and transferred separately or used as a guarantee for other creditor's rights. Where the creditor’s rights are transferred, the mortgage right to secure the creditor’s rights is one
And transfer, except as otherwise provided by law or otherwise agreed by the parties.
Article 408 If the mortgagor’s behavior is sufficient to reduce the value of the mortgaged property, the mortgagee shall have the right to request the mortgagor to stop its behavior; the value of the mortgaged property shall be reduced.
If there are few, the mortgagee has the right to request the restoration of the value of the mortgaged property, or provide a guarantee corresponding to the reduced value. The mortgagor does not restore the value of the mortgaged property, nor
Where a guarantee is provided, the mortgagee has the right to request the debtor to pay off the debt in advance.
Article 409 The mortgagee may waive the mortgage right or the order of the mortgage right. The mortgagee and the mortgagor can agree to change the order of the mortgage
The amount of the secured creditor's rights, etc. However, the modification of the mortgage right shall not have an adverse effect on the other mortgagee without the written consent of the other mortgagee.
If the debtor sets up a mortgage with his own property, and the mortgagee waives the mortgage right, the order of the mortgage right or changes the mortgage right, other guarantors shall lose the mortgage to the mortgagee.
The guarantee liability is exempted within the scope of the loss of priority compensation rights, except that other guarantors promise to still provide guarantees.
Article 410: If the debtor fails to perform the due debt or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to
The mortgaged property is discounted or the price obtained from the auction or sale of the mortgaged property shall be paid first. If the agreement harms the interests of other creditors, other creditors may request the person
The Civil Court revoked the agreement.
If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.
If the mortgaged property is discounted or sold, the market price shall be referred to.
Article 411 Where a mortgage is established in accordance with Article 396 of this Law, the mortgaged property shall be determined when one of the following situations occurs:
(1) The debt performance period has expired and the creditor's rights have not been realized;

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(2) The mortgagor is declared bankrupt or dissolved;
(3) Circumstances for realizing the mortgage right agreed by the parties;
(4) Other circumstances that seriously affect the realization of the creditor's rights.
Article 412: The debtor’s failure to perform the due debt or the realization of the mortgage rights agreed by the parties causes the mortgaged property to be relied upon by the people’s court.
In case of legal seizure, from the date of seizure, the mortgagee has the right to receive the natural or legal fruits of the mortgaged property, but the mortgagee has not notified that the legal fruits should be paid off.
Except for interest obligors.
The fruits specified in the preceding paragraph shall first be used to offset the cost of collecting the fruits.
Article 413 After the mortgaged property is discounted or auctioned or sold, the portion of the price exceeding the amount of the creditor's rights shall be owned by the mortgagor, and the shortfall shall be owned by the debtor
pay off.
Article 414 Where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be paid off in accordance with the following provisions:
(1) If the mortgage right has been registered, the order of repayment shall be determined according to the time of registration;
(2) The mortgage rights that have been registered shall be compensated before those that have not been registered;
(3) If the mortgage right is not registered, it shall be paid off in proportion to the creditor's rights.
For other registrable security real rights, the order of repayment shall refer to the provisions of the preceding paragraph.
Article 415 Where the same property has both a mortgage and a pledge, the price obtained from the auction or sale of the property shall be in accordance with the time of registration and delivery.
After determining the order of repayment.
Article 416 The main creditor's right guaranteed by a chattel mortgage is the price of the mortgaged property. If the mortgage registration is processed within ten days after the delivery of the subject matter, the mortgagee shall have priority
The other guaranty holders of the mortgaged property buyer shall be compensated, except for the lien holder.
Article 417 After the right to use construction land is mortgaged, new buildings on the land are not mortgaged property. The right to use the construction land is mortgaged
In the case of the right, the newly-added buildings on the land and the right to use construction land shall be disposed of together. However, the mortgagee
Receive
does
first
not have the right to give priority to the price of the new building.
Compensation.
Article 418 Where the right to use collectively-owned land is mortgaged according to law, after the mortgage is realized, the nature of land ownership may not be changed without legal procedures.
Quality and land use.
Article 419 The mortgagee shall exercise the mortgage right during the statute of limitations of the main creditor's right; if it is not exercised, the people's court shall not protect it.

Section 2 Maximum Mortgage Rights
Article 420 For the performance of a secured debt, if the debtor or a third party provides secured property for the creditor’s rights that will occur continuously within a certain period of time, the debtor
In the event of failure to perform the due debt or the realization of the mortgage right as agreed upon by the parties, the mortgagee shall have the right to receive priority payment for the secured property within the limit of the maximum creditor's right.
The creditor's rights that existed before the establishment of the maximum mortgage can be transferred to the scope of the creditor's rights guaranteed by the maximum mortgage with the consent of the parties.
Article 421 Before the creditor's rights secured by the maximum mortgage are determined, if part of the creditor's rights is transferred, the mortgage of the maximum amount shall not be transferred, but the parties have agreed otherwise
Except for.
Article 422 Before the creditor’s rights secured by the maximum mortgage are determined, the mortgagee and the mortgagor may change the period and scope of the creditor’s rights through an agreement.
And the maximum amount of debt. However, the content of the change shall not adversely affect other mortgagee.
Article 423 In any of the following circumstances, the mortgagee’s creditor’s rights are determined:
(1) The agreed period for determining the creditor's rights expires;
(2) There is no agreement on the period for the determination of the creditor's rights or the agreement is not clear, and the mortgagee or mortgagor requests the determination after two years from the date of establishment of the mortgage of the maximum amount
Creditor's rights
(3) New claims are unlikely to occur;
(4) The mortgagee knows or should know that the mortgaged property has been sealed up or seized;

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(5) The debtor or mortgagor is declared bankrupt or dissolved;
(6) Other circumstances stipulated by law for the determination of creditor's rights.
Article 424 In addition to the provisions of this section, the relevant provisions of Section 1 of this chapter shall apply to the mortgage of maximum amount.

Chapter XVIII Pledge
Section 1 Movable Property Pledge
Article 425 In order to guarantee the performance of the debt, if the debtor or a third party pledges its dynamic output to the creditor for possession, the debtor fails to perform the due debt or
In the event of the realization of the pledge right as agreed by the parties, the creditor has the right to receive priority compensation for the movable property.
The debtor or third party specified in the preceding paragraph shall be the pledger, the creditor shall be the pledgee, and the delivered movable property shall be the pledged property.
Article 426 The transfer of movable properties prohibited by laws and administrative regulations shall not be pledged.
Article 427 To establish a pledge, the parties shall conclude a pledge contract in written form.
The pledge contract generally includes the following clauses:
(1) The type and amount of the secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name, quantity, etc. of the pledged property;
(4) The scope of the guarantee;
(5) The time and method of delivery of the pledged property.
Article 428 Before the expiry of the debt performance period, the pledgee shall agree with the pledger that the pledged property shall belong to the creditor when the debtor fails to perform the due debt.
If the pledged property is subject to compensation, the pledged property can only be paid first in accordance with the law.
Article 429 The pledge right is established when the pledger delivers the pledged property.
Article 430 The pledgee shall have the right to collect the fruits of the pledged property, unless otherwise agreed in the contract.
The fruits specified in the preceding paragraph shall first be used to offset the cost of collecting the fruits.
Article 431 Where the pledgee uses or disposes of the pledged property without the consent of the pledger during the existence of the pledge, which
Dangcheng
causes damages to the pledger, it shall
Take responsibility for compensation.
Article 432 The pledgee has the obligation to properly keep the pledged property; if the pledged property is damaged or lost due to improper storage, it shall be liable for compensation
Ren.
If the pledgee’s actions may cause damage to or loss of the pledged property, the pledger may request the pledgee to deposit the pledged property, or request to pay off the debt in advance and return it.
Return the pledged property.
Article 433 If the pledged property may be damaged or its value may be significantly reduced due to reasons that are not attributable to the pledgee, the pledge is sufficient to endanger the rights of the pledgee.
The right holder has the right to request the pledger to provide corresponding guarantee; if the pledger does not provide it, the pledgee can auction or sellSell
the pledged
​off
property, and agrees with the pledger to auction,
The proceeds are paid off debts or deposited in advance.
Article 434 Where the pledgee transfers the pledge without the consent of the pledger during the existence of the pledge, which causes damage or loss of the pledged property, it shall be liable for compensation.
Ren.
Article 435 The pledgee may waive the pledge. If the debtor pledges his own property, and the pledgee waives the pledge, other guarantors will lose the pledge
The guarantee liability is exempted within the scope of the loss of priority compensation rights, except that other guarantors promise to still provide guarantees.
Article 436 Where the debtor performs the debt or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property.
If the debtor fails to perform the due debt or the parties have agreed to realize the pledge, the pledgee may negotiate with the pledger to convert the pledged property, or it may
The price obtained from the auction or sale of the pledged property shall be paid first.

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Where the pledged property is discounted or sold, the market price shall be referred to.
Article 437 The pledger may request the pledgee to exercise the pledge in a timely manner after the expiration of the debt performance period; if the pledgee does not exercise it, the pledger may request
The people's court auctions or sells the pledged property.
The pledgor requests the pledgee to exercise the pledge in a timely manner, and if the pledgee is negligent in exercising the rights and causes damage to the pledgor, the pledgee shall be liable for compensation.
Article 438 After the pledged property is discounted or auctioned or sold, the portion of the value exceeding the amount of the creditor's rights shall be owned by the pledger, and the shortfall shall be owned by the debtor
pay off.
Article 439: The pledger and the pledgee may establish a maximum pledge by agreement.
In addition to the relevant provisions of this section, the maximum pledge shall refer to the relevant provisions of Chapter 17 Section 2 of this book.

Section 2 Pledge of Rights
Article 440 The following rights that the debtor or third party has the right to dispose of may be pledged:
(1) Money orders, promissory notes, cheques;
(2) Bonds and deposit receipts;
(3) Warehouse receipts and bills of lading;
(4) Fund shares and equity that can be transferred;
(5) Property rights in intellectual property rights such as registered trademark exclusive rights, patent rights, copyrights, etc. that can be transferred;
(6) Existing and future accounts receivable;
(7) Other property rights that can be pledged in accordance with laws and administrative regulations.
Article 441 Where a bill of exchange, promissory note, cheque, bond, deposit receipt, warehouse receipt, or bill of lading is pledged, the pledge shall
;No be established when the certificate of rights is delivered to the pledgee.
If there is a certificate of right, the right of pledge shall be established at the time of registration of pledge. If the law provides otherwise, follow those provisions.
Article 442 Where the cashing date or the delivery date of the bill of exchange, promissory note, check, bond, deposit receipt, warehouse receipt, Pledge
or bill of lading precedes the maturity of the principal creditor’s rights,
The person may cash or take delivery of the goods, and agree with the pledgor to pay off the debt or deposit the cashed price or the goods withdrawn in advance.
Article 443 Where fund shares or equity are pledged, the pledge shall be established when the pledge is registered.
After the fund shares and equity are pledged, they shall not be transferred, unless the pledger and the pledgee agree through consultation. The price obtained by the pledger from the transfer of fund shares and equity
, The debt shall be paid off or deposited with the pledgee in advance.
Article 444 Where the property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc. are pledged, the pledge shall be established at the time of registration of the pledge.
Stand.
After the property rights in the intellectual property rights have been pledged, the pledgor shall not transfer or permit others to use them, unless the pledgor and the pledgee agree through consultation. Pledgor transfer
The price obtained from letting or permitting others to use the property rights in the pledged intellectual property rights shall be paid off or deposited with the pledgee in advance.
Article 445 Where the accounts receivable are pledged, the right of pledge shall be established when the pledge is registered.
After the account receivable is pledged, it shall not be transferred, unless the pledgor and the pledgee agree through negotiation. The price obtained from the transfer of accounts receivable by the pledger shall be transferred to the pledge
The person pays off debts or deposits in advance.
Article 446 In addition to the provisions of this section, the pledge of rights shall also be subject to the relevant provisions of Section 1 of this chapter.

Chapter XIX Lien
Article 447 If the debtor fails to perform the due debt, the creditor may lien the debtor’s movable property that has been legally occupied, and has the right to receive priority in respect of the movable property.
Compensation.
The creditor mentioned in the preceding paragraph is the lien holder, and the movable property in possession is the lien property.

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Article 448 The movable property lien by the creditor shall belong to the same legal relationship as the creditor's right, except for the lien between enterprises.
Article 449 Movable property that is not allowed to be retained by law or agreed upon by the parties shall not be retained.
Article 450 If the retained property is divisible, the value of the retained property shall be equivalent to the amount of the debt.
Article 451 The lien holder has the obligation to properly keep the lien property; if the lien property is damaged or lost due to improper storage, it shall be liable for compensation
responsibility.
Article 452 The lien holder has the right to collect the fruits of the lien property.

The fruits specified in the preceding paragraph shall first be used to offset the cost of collecting the fruits.
Article 453 The lien holder and the debtor shall agree on the time limit for the performance of the debt after the lien on the property; if there is no agreement or the agreement is not clear, the lien holder
The debtor shall be given a period of more than 60 days to perform the debt, except for movable property that is not easy to keep, such as fresh and perishable. If the debtor fails to perform within the time limit, the lien holder may
The debtor agrees to discount the lien property, and may also receive priority in repayment for the price obtained from the auction or sale of the lien property.
Where the lien property is discounted or sold, the market price shall be referred to.
Article 454 The debtor may request the lien holder to exercise the lien after the expiration of the debt performance period; if the lien holder fails to exercise the lien, the debtor may request
Ask the people's court to auction or sell the lien property.
Article 455 After the lien property is discounted or auctioned or sold, the portion of the value exceeding the amount of the creditor's rights shall belong to the debtor, and the insufficient portion shall be owned by the debtor
pay off.
Article 456 Where a mortgage or pledge has been established on the same movable property, and the movable property is subject to lien, the holder of the lien shall be paid first.
Article 457 If the lien holder loses possession of the property under the lien or the lien holder accepts another guarantee provided by the debtor, the lien shall be extinguished.

The fifth division
Chapter Twenty Occupy
Article 458 Possession based on contractual relationship, etc., the use of real property or movable property, income, liability for breach of contract,; Together
etc., shall be in accordance with the contract
If there is no agreement or the agreement is not clear, follow the relevant laws and regulations.
Article 459 Where the possessor uses the real or movable property in his possession and causes damage to the real or movable property, the malicious possessor shall bear the burden.
Liability.
Article 460 Where the real property or movable property is occupied by the possessor, the right holder may request the return of the original property
people
and its fruits; however, it shall pay for the bona fide possession
Necessary expenses for the maintenance of the real property or movable property.
Article 461 Where the possessed real property or movable property is damaged or lost, and the owner of the real property or movable property requests compensation, the possessor shall destroy the
The insurance money, compensation money, or compensation money obtained for damage or loss shall be returned to the right holder; if the right holder’s
Compensation
damage has
fornot
damage
been adequately compensated, the malicious possessor shall also
Lost.
Article 462 If the real property or movable property in possession is infringed upon, the possessor shall have the right to request the restoration of the
please
original property; the possessor shall have the right to impede possession
Seek to eliminate the obstruction or eliminate the danger; if damage is caused by the occupation or obstruction, the possessor shall have the right to request compensation for damages in accordance with the law.
If the possessor's right to request the restoration of the original property is not exercised within one year from the date of the occupation, the right to request shall be extinguished.

Part III Contract
The first sub-part General
Chapter 1 General Provisions
Article 463: This book adjusts the civil relationship arising from the contract.

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Article 464 A contract is an agreement between civil entities to establish, modify, and terminate civil legal relations.
Agreements concerning marriage, adoption, guardianship, and other identity relationships shall be governed by the legal provisions related to the identity
use relationship; if there are no provisions, reference may be made according to their nature.
This part of the regulations.
Article 465 Contracts established in accordance with the law shall be protected by law.
Contracts established in accordance with the law are only legally binding on the parties, unless otherwise provided by law.
Article 466 If the parties have disputes over the understanding of the terms of the contract, they shall determine the terms of the dispute in accordance with the provisions of the first paragraph of Article 142 of this law.
Meaning.
If the text of the contract is concluded in two or more languages ​and the agreement has the same effect, the words and sentences used in each text are presumed to have the same meaning. Used in each text
If the words and sentences are inconsistent, the interpretation shall be based on the relevant clauses, nature, purpose and principle of good faith in the contract.
Article 467 For contracts that are not expressly stipulated in this law or other laws, the provisions of the general rules of this book shall apply, and the application of this book or other laws may be referred to.
The law most closely resembles the provisions of a contract.
Sino-foreign joint venture contracts, Sino-foreign cooperative venture contracts, Sino-foreign cooperative exploration and development contracts for natural resources executed in the territory of the People's Republic of China,
The laws of the People's Republic of China apply.
Article 468: For creditor’s rights and debts not arising from a contract, the laws and regulations on the creditor’s rights and debts shall apply; if there
through
are no provisions, this chapter shall apply.
The relevant provisions of the rules, except for those that cannot be applied due to their nature.

Chapter II Conclusion of the Contract
Article 469 The parties may conclude a contract in written, oral or other forms.
Written forms are contracts, letters, telegrams, telexes, faxes, etc. that can tangibly express the content contained.
The content contained can be tangibly expressed by means of electronic data exchange, e-mail, etc., and the data messages that can be retrieved at any time are regarded as written forms.
Article 470 The content of the contract shall be agreed upon by the parties and generally includes the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) Quantity;
(4) Quality;
(5) Price or remuneration;
(6) The time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods of resolving disputes.
The parties may conclude contracts with reference to the model texts of various types of contracts.
Article 471 The parties may enter into a contract by adopting an offer, a promise or other methods.
Article 472 An offer is an expression of intent to enter into a contract with another person, and the expression of intent shall meet the following conditions:
(1) The content is specifically determined;
(2) It is indicated that the offeror is bound by the offeror's promise.
Article 473 An invitation to an offer is an expression of the hope that others will make an offer to oneself. Auction announcement, bidding announcement, prospectus, bond raising office
Laws, fund prospectus, commercial advertisements and publicity, sent price lists, etc. are invitations for the offer.
Commercial advertisements and publicity content that meet the conditions of the offer constitute an offer.

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Article 474 The time when the offer becomes effective shall be governed by the provisions of Article 137 of this law.
Article 475 The offer may be withdrawn. The withdrawal of the offer shall be governed by the provisions of Article 141 of this Law.
Article 476 An offer may be revoked, except in one of the following circumstances:
(1) The offeror confirms the term of acceptance or other forms to expressly indicate that the offer is irrevocable;
(2) The offeree has reason to believe that the offer is irrevocable and has made reasonable preparations for the performance of the contract.
Article 477 If the intention to withdraw an offer is made through dialogue, the content of the intention shall be the acceptance before the offeree makes a promise.
Known by the offeror; if the intention to withdraw the offer means that it is made in a non-dialogue, it should reach the offeree before the offeree makes a promise.
Article 478 The offer shall be invalidated in any of the following circumstances:
(1) The offer is rejected;
(2) The offer is revoked according to law;
(3) The promise period expires and the offeree has not made a promise;
(4) The offeree makes substantive changes to the content of the offer.
Article 479 A promise is an expression of the offeree’s consent to the offer.
Article 480 A promise shall be made by way of notice; however, unless it is shown that the promise can be made through conduct according to trading habits or the offer.
Article 481 The acceptance shall reach the offeror within the time limit determined by the offer.
If the offer does not determine the time limit for acceptance, the acceptance shall arrive in accordance with the following provisions:
(1) Where the offer is made through dialogue, an undertaking shall be made immediately;
(2) Where the offer is made in a non-dialogue, the promise shall arrive within a reasonable time limit.
Article 482 Where the offer is made by letter or telegram, the term of acceptance shall start from the date specified in the letter or the date the telegram is handed over for dispatch. Letter not contained
If the date is clear, calculation starts from the postmark date of posting the letter. If the offer is made by means of fast communication such as telephone, fax, e-mail, etc., the commitment period is from the offer to
The calculation starts when the offeree is reached.
Article 483 The contract is established when the undertaking becomes effective, unless the law or the parties agree otherwise.
Article 484 The effective time of an undertaking made by notice shall be governed by the provisions of Article 137 of this Law.
If the undertaking does not require notification, it will take effect when the undertaking is made in accordance with the transaction custom or the requirements of the offer.
Article 485 Commitments may be withdrawn. Article 141 of this law shall apply to the withdrawal of an undertaking.
Article 486: If the offeree issues an acceptance beyond the acceptance period, or issues an acceptance within the acceptance period, the offer cannot be reached in time under normal circumstances.
Human, it is a new offer; however, unless the offeror promptly informs the offeree that the acceptance is valid.
Article 487: The offeree issues an undertaking within the undertaking period and can reach the offeror in time under normal circumstances, but the undertaking is caused by other reasons
If the acceptance time limit is exceeded when it reaches the offeror, the acceptance shall be valid unless the offeror promptly informs the offeree that it will not accept the acceptance because the acceptance exceeds the time limit.
Article 488 The content of the promise shall be consistent with the content of the offer. If the offeree makes a substantial change to the content of the offer, it is a new offer. related
Changes in contract subject matter, quantity, quality, price or remuneration, performance period, performance location and method, breach of contract
About
liability
content
and dispute resolution methods are necessary
Substantial changes.
Article 489: Where an insubstantial change to the content of the offer is promised, unless the offeror expresses its objection in a timely manner or the offer indicates that it has promised not to make an insubstantial change to the offer
Except for any changes to the content, the commitment is valid, and the content of the contract is subject to the content of the commitment.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal, or follow their fingerprints.
chapter
In signature, cover
Or, before the fingerprint, one of the parties has performed the main obligations, and the contract is established when the other party accepts it.
According to laws, administrative regulations, or agreed by the parties, the contract should be concluded in writing. The parties have not adopted the written form but one party has fulfilled the main obligations.
The contract is established when the other party accepts it.

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Article 491 Where a party enters into a contract in the form of letters, data messages, etc. and requires the signing of a confirmation letter, the contract shall be established when the confirmation letter is signed.
If the product or service information released by one party through the Internet or other information networks meets the conditions of the offer, the other party selects the product or service and submits the order.
The contract is established when the order is successful, unless otherwise agreed by the parties.
Article 492 The place where the undertaking takes effect is the place where the contract is established.
If a contract is concluded in the form of a data message, the recipient’s main place of business shall be the place where the contract was established; if there is no main place of business, his domicile shall be the place where the contract was established.
point. The parties have agreed otherwise, in accordance with its agreement.
Article 493 Where the parties conclude a contract in the form of a contract, the place where the final signature, seal, or fingerprint is the place of establishment of the contract, but
Unless otherwise agreed by the parties.
Article 494: Where the state issues state orders or mandatory tasks based on rescue and disaster relief, epidemic prevention and control, or other needs, the relevant civil entities
Contracts shall be concluded in accordance with the rights and obligations stipulated by relevant laws and administrative regulations.
The parties who are obliged to issue an offer in accordance with the provisions of laws and administrative regulations shall issue a reasonable offer in a timely manner.
A party who is obliged to make a commitment in accordance with the provisions of laws and administrative regulations shall not refuse the other party's reasonable request to conclude a contract.
Article 495 The subscription book, order book, reservation book, etc., which the parties agree to conclude a contract within a certain time limit in the future constitute an appointment contract.
If one of the parties fails to perform the contractual obligations stipulated in the appointment contract, the other party may request it to bear the liability for breach of the appointment contract.
Article 496 Standard clauses are clauses that are drawn up in advance by the parties for repeated use and have not been negotiated with the other party when the contract is concluded.
Where standard terms are used to conclude a contract, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and adopt a reasonable approach.
It prompts the other party to pay attention to clauses that have a major interest in the other party, such as exempting or reducing its responsibilities, and explain the clauses in accordance with the other party’s requirements. Provide format bar
If the party to the paragraph fails to perform its obligation of prompting or explaining, causing the other party to fail to pay attention to or understand the terms that have a major interest in it, the other party may claim that the terms are not
Become the content of the contract.
Article 497 In any of the following circumstances, this standard clause is invalid:
(1) Possess the invalid circumstances as provided for in Chapter 6, Section 3 of Title One of this Law and Article 506 of this Law;
(2) The party providing the standard clauses unreasonably exempts or reduces its responsibilities, aggravates the other party's liability, and restricts the other party's main rights;
(3) The party providing the standard terms excludes the main rights of the other party.
Article 498: Where there is a dispute over the understanding of the standard terms, the interpretation shall be based on the usual understanding. If there are two or more interpretations on the standard clauses, they shall
When an explanation is made that is not conducive to the party providing the standard terms. If the standard terms and non-standard terms are inconsistent, the non-standard terms shall be adopted.
Article 499: Where the person offering a reward publicly declares to pay remuneration to the person who completes a specific act, the person who completes the act may request the payment.
Article 500 In the process of concluding a contract, the parties involved in any of the following circumstances that cause losses to the other party shall be liable for compensation:
(1) Entering into a contract under the guise of negotiating maliciously;
(2) Deliberately conceal important facts related to the conclusion of the contract or provide false information;
(3) Other acts that violate the principle of good faith.
Article 501 The trade secrets or other information that should be kept secret that the parties have learned during the process of concluding the contract shall not be disclosed, regardless of whether the contract is established or not.
Or use it improperly; if the trade secret or information is leaked or used improperly, causing losses to the other party, it shall be liable for compensation.

Chapter III Validity of Contract
Article 502 A contract established in accordance with the law shall take effect from the time it is established, unless the law provides otherwise or the parties agree otherwise.
In accordance with the provisions of laws and administrative regulations, if the contract should undergo approval and other procedures, follow thosering
provisions. Failure to go through the approval and other formalities affects the effective of the contract.
The clauses in the contract to perform obligations such as reporting for approval and the validity of related clauses. If the party who should go through the procedures for approval has not fulfilled its obligations, the other party may request it to accept
Take responsibility for breach of this obligation.
In accordance with the provisions of laws and administrative regulations, the procedures of the preceding paragraph shall apply to the changes, assignments, and cancellations of contracts that require approval and other procedures.

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Article 503: Where an unauthorized agent concludes a contract in the name of the principal, and the principal has already started to perform the contract obligations or accepted the performance of the counterparty,
Treated as ratification of the contract.
Article 504 A contract concluded by the legal representative of a legal person or the person in charge of an unincorporated organization beyond its authority, unless the counterparty knows or should be aware of the contract.
Beyond the authority, the representative’s behavior is valid, and the contract concluded is effective for legal persons or unincorporated organizations.
Article 505 The validity of the contract concluded by the parties beyond the scope of business shall be determined in accordance with the relevant provisions of Chapter 6, Section 3 of Part One of this Law and the relevant provisions of this Part.
It must not be confirmed that the contract is invalid only by exceeding the scope of business.
Article 506 The following exemption clauses in the contract are invalid:
(1) Causing personal damage to the other party;
(2) The other party's property losses are caused by deliberate or gross negligence.
Article 507 If the contract does not become effective, invalid, cancelled or terminated, it does not affect the validity of the dispute resolution clause in the contract.
Article 508 If this Part does not provide for the validity of contracts, the relevant provisions of Chapter VI of Part I of this Law shall apply.

Chapter IV Performance of Contract
Article 509 The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform the obligations of notification, assistance, and confidentiality in accordance with the nature, purpose and trading habits of the contract.
In the process of performing the contract, the parties should avoid wasting resources, polluting the environment and destroying the ecology.
Article 510 After the contract takes effect, if the parties do not agree on the quality, price or remuneration, or the place of performance, or the agreement is not clear, they may agree.
Supplement is discussed; if a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant clauses of the contract or trading practices.
Article 511 Where the parties have not clearly agreed on the content of the contract and cannot be determined according to the provisions of the preceding article, the following provisions shall apply:
(1) If the quality requirements are not clear, they shall be implemented in accordance with mandatory national standards; if there are no mandatory
Recommendation
national standards, they shall be implemented in accordance with recommended national standards;
National standards shall be implemented in accordance with industry standards; if there are no national standards or industry standards, they shall be implemented in accordance with normal standards or specific standards that meet the purpose of the contract.
(2) If the price or remuneration is not clear, it shall be performed according to the market price of the place of performance at the time the contract is concluded; where the government fixed price or government guided price should be implemented according to law,
Perform in accordance with the regulations.
(3) The place of performance is not clear. If the payment is made, the performance shall be performed at the location of the recipient of the currency;
of, if the real property is delivered, the performance shall be performed at the location of the real property; other standards
Perform at the location of the party performing the obligation.
(4) If the performance period is not clear, the debtor can perform the performance at any time, and the creditor can also request performance at any time, but the other party should be given the necessary preparation time.
(5) If the method of performance is not clear, it shall be performed in a manner that is conducive to the realization of the contract purpose.
(6) If the burden of performance expenses is unclear, the party performing the obligation shall bear the obligation; the performance expenses increased due to the creditor’s reasons shall be borne by the creditor.
Article 512 If the subject matter of an electronic contract concluded through an information network such as the Internet is the delivery of goods by express logistics, the consignee
The sign-for time is the delivery time. If the subject of the electronic contract is to provide services, the time specified in the generated electronic voucher or physical voucher shall be the service time;
If the aforementioned vouchers do not specify the time or the stated time is inconsistent with the actual service time, the actual service time shall prevail.
When the subject matter of the electronic contract is delivered by online transmission, and the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified
Time is the delivery time.
If the parties to an electronic contract have otherwise agreed on the method and time for delivering goods or providing services, such agreement shall be followed.
Article 513 Where government pricing or government-guided prices are implemented, when the government price is adjusted within the delivery period specified in the contract, the price at the time of delivery shall be used.
valuation. If the delivery of the subject matter is overdue, the original price shall be applied when the price rises; the new price shall be applied when
Late
thepayment
price falls. Overdue extraction of the subject matter or
If the price increases, the new price shall be applied; when the price falls, the original price shall be applied.
Article 514 For debts with payment of money as the content, unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to use the actual
The legal currency of the place of performance.

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Article 515 Where there are multiple subject matters and the debtor only needs to perform one of them, the debtor shall have the right to choose; however, if the law provides otherwise, the parties shall
Except for agreements or other trading habits.
If the party who has the right to choose does not make a choice within the agreed time limit or the expiry of the performance time limit, and fails to choose within a reasonable time limit after a reminder, the right to choose is transferred to
other side.
Article 516 When the parties exercise their right of choice, they shall notify the other party in time, and when the notification reaches the other party,
Yesthe subject matter shall be determined. The target cannot be changed after it is confirmed, but
Except with the consent of the other party.
In the event that the optional subject matter cannot be fulfilled, the party with the right to choose shall not choose the unfulfillable subject matter, but the unfulfillable situation is determined by the
Except for those caused by the party.
Article 517 If there are two or more creditors, the subject matter can be divided, and if each of them enjoys the creditor's rights according to theirSubject
shares, it is a creditor's right by share; if there are two or more debtors,
Dividable, and if the debts are borne by each share, it is a share-based debt.
If it is difficult to determine the share of the creditor by share or the debtor by share, it shall be deemed that the shares are the same.
Article 518 Where there are two or more creditors, and some or all of the creditors can request the debtor to perform the debt, it is a joint claim; thefor
debtor
If there are two or more people, and the creditor can request part or all of the debtor to perform all the debts, it is a joint debt.
Joint claims or joint debts shall be stipulated by law or agreed upon by the parties.
Article 519 Where it is difficult to determine the shares of joint debtors, they shall be deemed to be the same.
A joint debtor who actually assumes more than his own share of debt shall have the right to recover the excess part within the scope of the unfulfilled share of other joint debtors, and shall
The rights of the creditor shall be enjoyed on the spot, but the interests of the creditor shall not be harmed. The defense of other joint debtors against the creditor may be claimed against the debtor.
If the joint debtor being recovered cannot perform its share, the other joint debtors shall share the share proportionally within the corresponding scope.
Article 520 Where part of the joint debtors perform, offset the debt or deposit the subject matter, the debts of other debtors to the creditor shall be wiped out within the corresponding scope.
; The debtor can claim compensation from other debtors in accordance with the provisions of the preceding article.
If the debts of part of the joint and several debtors are forgiven by the creditors, within the scope of the shares that the joint debtors should bear, other debtors shall dissolve the debts of the creditors.
Extinct.
If the debts of part of the joint debtor and the creditor’s rights belong to the same person, after deducting the debtor’s share, the creditor’s claim to other debtors
The creditor's rights continue to exist.
If the creditor's payment to some of the joint debtors is delayed, it shall be effective against other joint debtors.
Article 521 Where it is difficult to determine the shares among the joint creditors, they shall be deemed to be the same.
The joint creditors who have actually received the creditor's rights shall repay the creditors in proportion to the other joint creditors.
For joint claims, refer to the relevant provisions of this chapter for joint and several debts.
Article 522 The parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance does not comply with the agreement
In case of breach of contract, the creditor shall be liable for breach of contract.
The law stipulates or the parties agree that a third party may directly request the debtor to perform debts to him. The third party has not explicitly refused within a reasonable time limit, and the debtor has not
If the third party’s performance of the debt or the performance of the debt does not meet the agreement, the third party may request the debtor to bear To
the the
liability
third for breach of contract; the debtor’s defense against the creditor may be
People advocate.
Article 523 If the parties agree that a third party shall perform the debt to the creditor, if the third party fails to perform the debt or the performance of the debt does not meet the agreement, the debtor
Should be liable for breach of contract to the creditor.
Article 524 If the debtor fails to perform the debt, and the third party has a legitimate interest in the performance of the debt, the third party has theYes
right to perform the debt on behalf of the creditor; but
Except where the debt can only be performed by the debtor according to the nature of the debt, as agreed by the parties or in accordance with the law.
After the creditor accepts the performance of the third party, the creditor's right to the debtor is transferred to the third party, unless the debtor and the third party have agreed otherwise.
Article 525 Where the parties owe debts to each other and there is no order of performance, they shall perform the obligations at the same time. One party has the right to refuse its performance request before the other party performs
begging. One party has the right to refuse its corresponding performance request when the other party's performance of the debt does not comply with the agreement.

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Article 526 If the parties are liable for each other's debts, there is an order of performance, and the party who should perform the debt first has the right to refuse the performance.
request. If the party to perform first does not comply with the agreement, the party to perform later has the right to reject its corresponding request for performance.
Article 527 The party who should perform the debt first may suspend the performance if there is conclusive evidence to prove that the other party has one of the following circumstances:
(1) Business conditions are seriously deteriorating;
(2) Transferring property and evacuating funds to avoid debts;
(3) Loss of business reputation;
(4) Other circumstances in which the debt performance is lost or may be lost.
If the party suspends performance without conclusive evidence, it shall be liable for breach of contract.
Article 528 Where the party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party.
in If the other party provides an appropriate guarantee, the performance shall be resumed.
After the performance is suspended, if the other party fails to restore the performance and fails to provide appropriate guarantees within a reasonable period of time, it shall be deemed to have indicated by its own behavior that it has not performed the main debt, and the performance has been suspended
One party can terminate the contract and can request the other party to bear responsibility for breach of contract.
Article 529 Where the creditor’s division, merger, or change of domicile fails to notify the debtor, which makes it difficult to perform the debt, the debtor may suspend the performance of the debt.
OK or deposit the subject matter.
Article 530 The creditor may refuse the debtor to perform the debt in advance, except that the early performance does not harm the interests of the creditor.
The debtor shall pay the additional expenses for the creditor due to the debtor's early performance of the debt.
Article 531 The creditor may refuse the debtor to partially perform the debt, except that the partial performance does not harm the interests of the creditor.
Part of the debtor's performance of the debt adds to the creditor's expenses, which shall be borne by the debtor.
Article 532 After the contract takes effect, the parties shall not fail to perform due to changes in their names, names, or changes in legal representatives, responsible persons, or undertakings.
Contractual obligations.
Article 533 After the establishment of the contract, the basic conditions of the contract have undergone major changes that were not foreseeable by the parties at the time the contract was concluded and are not a commercial risk.
If the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party can renegotiate with the other party; if the negotiation fails within a reasonable period of time,
The parties may request the people's court or arbitration institution to change or terminate the contract.
The people's court or arbitration institution shall, in light of the actual situation of the case, modify or terminate the contract in accordance with the principle of fairness.
Article 534 Where a party uses a contract to carry out acts that endanger national or social public interests, market supervision and management and other relevant administrative supervisors
The department is responsible for supervision and handling in accordance with the provisions of laws and administrative regulations.

Chapter V Contract Security
Article 535 If the debtor’s failure to exercise its creditor’s rights or the subordinate rights related to the creditor’s rights affects the realization of the creditor’s due creditor’s rights, the creditor may
To apply to the people’s court to exercise the debtor’s rights to the counterparty in his own name, except where the right is exclusive to the debtor.
The scope of the exercise of subrogation rights is limited to the creditors' due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.
The counterparty’s defense against the debtor may be claimed against the creditor.
Article 536 Prior to the expiration of the creditor’s rights, the debtor’s creditor’s rights or the statute of limitations period for the existence of subordinate rights related to the creditor’s rights will soon expire or
If the debtor fails to declare the bankruptcy creditor’s rights in a timely manner, which affects the realization of the creditor’s creditor’s rights, the creditor may subrogate the debtor’s counterparty to request the debtor’s performance and
The property manager declares or performs other necessary actions.
Article 537 If the people’s court determines that the right of subrogation is established, the counterparty of the debtor shall perform the obligations to the creditor. After the creditor accepts the performance, the creditor shall
The corresponding rights and obligations between the debtor, the debtor and the counterparty terminate. The debtor’s claims on the counterparty or the subordinate rights related to the claim are taken to preserve and enforce
If measures are taken, or the debtor goes bankrupt, it shall be dealt with in accordance with the provisions of relevant laws.
Article 538 The debtor disposes of property rights freely by waiving its creditor’s rights, waiving its creditor’s security, or transferring property without compensation, or maliciously extending its rights and interests.
If the performance period of the due creditor's rights affects the realization of the creditor's creditor's rights, the creditor may request the people's court to cancel the debtor's behavior.

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Article 549: The debtor transfers property at an obviously unreasonable low price, accepts the property of another person at an obviously unreasonable high price, or raises debts of another person.
For guarantees that affect the realization of the creditor’s claims, and the counterparty of the debtor knows or should be aware of the situation, the creditor may request the people’s court to revoke the debtor’s actions.
for.
Article 540 The scope of exercise of the right of cancellation is limited to the creditor's rights. The necessary expenses for the creditor to exercise the right of cancellation shall be borne by the debtor.
Article 541 The right of revocation shall be exercised within one year from the date when the creditor knew or should have known the reason for the revocation. Five from the date of the debtor’s behavior
If the right of revocation is not exercised during the year, the right of revocation shall be extinguished.
Article 542 Where the debtor’s act of affecting the realization of the creditor’s creditor’s rights is revoked, it shall not be legally binding from the beginning.

Chapter VI Modification and Assignment of Contract
Article 543 The parties may change the contract if they reach a consensus through consultation.
Article 544 If the parties have not clearly agreed on the content of the contract change, it is presumed that it has not been changed.
Article 545 The creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:
(1) According to the nature of the creditor's rights, it cannot be transferred;
(2) The transfer is not allowed in accordance with the agreement of the parties;
(3) The transfer is not allowed in accordance with the law.
If the parties agree that non-monetary claims shall not be transferred, they shall not confront bona fide third parties. If the parties agree that the monetary creditor's rights shall not be transferred, they shall not confront a third party.
Article 546 If the creditor assigns the creditor's rights without notifying the debtor, the assignment shall have no effect on the debtor.
The notice of the assignment of creditor's rights shall not be revoked, except with the consent of the assignee.
Article 547 Where the creditor transfers the creditor's rights, the assignee shall obtain the ancillary rights related to the creditor's rights, except where the ancillary rights belong exclusively to the creditor.
The acquisition of the subordinate right by the transferee shall not be affected by the failure to go through the transfer registration procedures or the untransferred possession of the subordinate right.
Article 548 After the debtor receives the notice of the assignment of the creditor’s rights, the debtor’s defense against the assignor may be claimed against the assignee.
Article 549 In any of the following circumstances, the debtor may claim offset against the assignee:
(1) When the debtor receives the notice of the transfer of the creditor's rights, the debtor has the creditor's rights to the transferor, and the debtor's creditor's rights expire before the transferred creditor's rights or at the same time;
(2) The debtor's creditor's rights and the assigned creditor's rights are generated based on the same contract.
Article 550 The performance costs increased due to the assignment of creditor's rights shall be borne by the assignor.
Article 551 Where the debtor transfers all or part of the debt to a third party, it shall obtain the consent of the creditor.
The debtor or a third party may urge the creditor to give consent within a reasonable time limit, and if the creditor fails to express, it shall be deemed to disagree.
Article 552 The third party and the debtor agree to join the debt and notify the creditor, or the third party expresses its willingness to join the debt to the creditor, and the creditor has not
If it expressly refuses within a reasonable time limit, the creditor may request the third party to assume joint and several debts with the debtor within the scope of the debt that it is willing to bear.
Article 553 Where the debtor transfers the debt, the new debtor may claim the original debtor’s defense against the creditor;
, The new debtor may not claim offset against the creditor.
Article 554 Where the debtor transfers the debt, the new debtor shall assume the subsidiary debt related to the principal debt, but the subsidiary debt shall be exclusively owned by the original debtor.
Except for the body.
Article 555 With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.
Article 556 Where the rights and obligations of the contract are transferred together, the relevant provisions on the transfer of creditor's rights and debts shall apply.

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Chapter VII Termination of Contract Rights and Obligations
Article 557 The creditor’s rights and debts shall be terminated under any of the following circumstances:
(1) The debt has been fulfilled;
(2) The debts are offset by each other;
(3) The debtor deposits the subject matter in accordance with the law;
(4) The creditor cancels the debt;
(5) The creditor's rights and debts belong to the same person;
(6) Other circumstances stipulated by law or agreed upon by the parties to terminate.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
Article 558 After the termination of the creditor’s rights and debts, the parties shall follow the principles of good faith, and perform notifications, Wait
assistance, confidentiality, and return of old objects in accordance with trading habits.
obligation.
Article 559 When the creditor's rights and debts are terminated, the subordinate rights of the creditor's rights shall be extinguished at the same time, unless otherwise provided by law or agreed by the parties.
Article 560 If the debtor owes several debts to the same creditor of the same type, and the debtor’s payment is not sufficient to pay off all the debts, except for the parties concerned
Unless there is an agreement, the debtor shall specify the debt to be performed when it is paid off.
If the debtor does not make a designation, it shall give priority to the performance of the debts that have matured; if several debts are all due, the priority shall be given to the lack of guarantee or the least guarantee to the creditor
Debts; if there are no guarantees or the guarantees are equal, the debtor shall be given priority to perform the heavier debt; if the debt is the same, the; Upon
debt shall
expiration
be performed in the order of maturity
If they are the same, they shall be fulfilled in accordance with the debt ratio.
Article 561 The debtor shall pay interest and expenses related to the realization of the creditor’s rights in addition to the performance of the principal debt, and the payment is not sufficient to pay off all the debts,
Unless otherwise agreed by the parties, the performance shall be performed in the following order:
(1) Related expenses for realizing the creditor's rights;
(2) Interest;
(3) Main debt.
Article 562 The parties may terminate the contract if they reach a consensus through consultation.
The parties may agree on the reasons for one party to terminate the contract. When the reason for the termination of the contract occurs, the person with the right to terminate the contract may terminate the contract.
Article 563 In any of the following circumstances, the parties may terminate the contract:
(1) The purpose of the contract cannot be achieved due to force majeure;
(2) Before the expiration of the performance period, one of the parties clearly stated or indicated by its own behavior that it would not perform the main debt;
(3) One of the parties delays the performance of the main debt, and fails to perform the major debt within a reasonable period after being urged;
(4) One of the parties delays in the performance of the debt or has other breaches of the contract that makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
For a non-fixed contract with debts that continue to be performed, the parties can terminate the contract at any time, but the other party should be notified before a reasonable period.
Article 564 The right is extinguished if the law stipulates or the parties agree on the time limit for the exercise of the right to rescind.
The law does not stipulate or the parties have not agreed on the time limit for the exercise of the right to terminate, and the right to terminate will not be exercised within one year from the date when the person who has the right to terminate knows or should know the reason for the termination
Or if the right is not exercised within a reasonable time after the other party has urged, the right shall be extinguished.
Article 565 If one of the parties claims to terminate the contract according to law, it shall notify the other party. The contract is terminated when thepeople
notice reaches the other party; the notice states the debt
If the debt is not performed within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within that period, the contract shall be terminated upon the expiration of the period specified in the notice. Opposing
If there are objections to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

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Without notifying the other party, one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration, and the people’s court or arbitration institution confirms that
In case of Zhang, the contract shall be terminated when a copy of the bill of complaint or a copy of the arbitration application is served to the other party.
Article 566 After the termination of the contract, if it has not been performed, the performance shall be terminated; if it has been performed, the parties
Seek recovery
may request the contract based on the performance and the nature of the contract.
Recover the certificate or take other remedial measures, and have the right to request compensation for losses.
If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless the parties have agreed otherwise.
After the termination of the main contract, the guarantor shall still bear the guaranty liability for the civil liabilities borne by the debtor, unless otherwise stipulated in the guaranty contract.
Article 567 The termination of the rights and obligations of the contract does not affect the validity of the settlement and liquidation clauses in the contract.
Article 568 If the parties are liable to each other, if the subject matter of the debt is of the same type and quality, either party may combine its own debt with the counterparty’s maturity.
Debt set-off; except for those that cannot be set-off based on the nature of the debt, the agreement of the parties, or the law.
If the parties claim set-off, they shall notify the other party. The notification takes effect when it reaches the other party. Set-off shall not be subject to conditions or time limits.
Article 569 Where the parties owe debts to each other and the types and qualities of the subject matter are not the same, they may be offset after consensus.
Article 570 In any of the following circumstances, where it is difficult to perform the debt, the debtor may deposit the subject matter:
(1) The creditor refuses to accept without justified reasons;
(2) The whereabouts of the creditor are unknown;
(3) When the creditor dies, the heir, the administrator of the estate is not determined, or the guardian is not determined for the loss of civil capacity;
(4) Other circumstances stipulated by law.
If the subject matter is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter in accordance with the law and deposit the proceeds.
Article 571 When the debtor delivers the subject matter or the proceeds from the auction or sale of the subject matter to the depository department, the deposit is established.
If the deposit is established, it shall be deemed that the debtor has delivered the subject matter within the scope of the deposit.
Article 572 After the subject matter is deposited, the debtor shall promptly notify the creditor or the creditor’s heir, estate administrator, guardian, generation
property
Manage people.
Article 573 After the subject matter is deposited, the risk of damage or loss shall be borne by the creditor. During the deposit period, the fruits of the
Save
subject matter belong to the creditor. mention
The expenses shall be borne by the creditors.
Article 574 The creditor may receive the deposit at any time. However, if the creditor has due debts to the debtor, the creditor fails to perform the debt or
Before providing a guarantee, the depository department shall refuse the debtor to receive the deposit according to the request of the debtor.
The creditor's right to receive the deposit shall be extinguished without exercising it within five years from the date of deposit, and the deposit shall be owned by the state after deducting the deposit expenses. However, the creditor
If the due debt to the debtor is not fulfilled, or the creditor waives the right to receive the deposit to the depository department in writing, the debtor has the right to withdraw it after paying the deposit fee
Deposits.
Article 575 Where a creditor releases part or all of the debtor’s debts, the creditor’s rights and debts are partially or completely terminated, but the debtor is within a reasonable time limit.
Except rejected.
Article 576 Where the creditor's rights and debts belong to the same person, the creditor's rights and debts shall terminate, except for those that damage the interests of a third party.

Chapter 8 Liability for Breach of Contract
Article 577 If one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall undertake to continue the performance and take remedial measures
Or compensation for damages and other liability for breach of contract.
Article 578 If one of the parties clearly expresses or shows by its own conduct that it will not perform its obligations under the contract, the other party may request the performance of the contract before the expiry of the time limit for performance.
Ask him to bear responsibility for breach of contract.
Article 597 If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party maypay.
request its payment.

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Article 580 If one of the parties fails to perform the non-monetary debt or the performance of the non-monetary debt does not meet the agreement, the other party may request performance, but the following
Except for one of the circumstances:
(1) It cannot be performed legally or in fact;
(2) The subject matter of the debt is not suitable for compulsory performance or the performance cost is too high;
(3) The creditor fails to request performance within a reasonable time limit.
If one of the exceptions provided in the preceding paragraph makes it impossible to achieve the purpose of the contract, the people’s court or arbitration institution may terminate the contract at the request of the parties.
Interests and obligations, but does not affect the responsibility for breach of contract.
Article 581 If one of the parties fails to perform the debt or the performance of the debt does not meet the agreement, and the nature of the debt cannot be compulsorily performed, the other party may request
Ask it to bear the cost of the third party's replacement performance.
Article 582 If the performance is not in compliance with the agreement, the parties shall bear the responsibility for breach of contract in accordance with the agreement of the parties. No agreement or unclear agreement on liability for breach of contract
According to the provisions of Article 510 of this law, if it is still uncertain, the injured party may reasonably choose to request the other party to undertake the repairs based on the nature of the subject matter and the size of the loss.
Responsibility for breach of contract such as management, rework, replacement, return, reduction of price or remuneration.
Article 583 If one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, after performing the obligations or taking remedial measures,
If the other party has other losses, it shall compensate for the losses.
Article 584 If one of the parties fails to perform their contractual obligations or the performance of the contractual obligations does not comply with the agreement, causing losses to the other party, the amount of compensation for losses shall be the same.
When the loss caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; however, it shall not Foresee
exceed the amount foreseen or should be expected when the breaching party concluded the contract.
The possible losses due to breach of contract.
Article 585 The parties may agree that when one party breaches the contract, it shall pay the other party a certain amount of liquidated damages according to the circumstances of the breach, or may agree
The method of calculating the amount of compensation for losses incurred in the contract.
If the agreed liquidated damages are lower than the losses caused, the people’s court or arbitration institution may increase them at the request of the parties; the agreed liquidated damages are too high
The people’s court or arbitration institution may appropriately reduce the losses incurred at the request of the parties.
If the parties agree on liquidated damages for delay in performance, the defaulting party shall perform the debts after paying the liquidated damages.
Article 586 The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually delivered.
The amount of the deposit shall be agreed upon by the parties; however, it shall not exceed 20% of the subject amount of the main contract, and the excess shall not have the effect of the deposit. Actually delivered
If the amount of the deposit is more or less than the agreed amount, it shall be deemed as a change to the agreed amount of the deposit.
Article 587 When the debtor fulfills the debt, the deposit shall be set against the price or be recovered. The party paying the deposit fails to perform the debt or the performance does not conform to the debt
According to the contract, if the purpose of the contract cannot be achieved, the person has no right to request the refund of the deposit; the party receiving
Make itthe
impossible
deposit fails to perform the debt or the performance of the debt does not comply with the agreement, resulting in
If the purpose of the contract is achieved, the deposit shall be doubled back.
Article 588 Where the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses.
If the deposit is insufficient to make up for the losses caused by one party’s breach of contract, the other party may request compensation for losses exceeding the amount of the deposit.
Article 589 Where the debtor fulfills the debt in accordance with the agreement, and the creditor refuses to accept it without a justifiable reason, the debtor may request the creditor to compensate for the increased expenses.
use.
During the period of delay in the creditor's acceptance, the debtor is not required to pay interest.
Article 590 If one of the parties is unable to perform the contract due to force majeure, part or all of the liability shall be exempted based on the influence of the force majeure, but the law
Unless otherwise specified. If the contract cannot be performed due to force majeure, the other party shall be notified in time to reduce the loss that may
Within
be caused
the time
to the
limitother party, and shall be reasonably
provide proof.
If force majeure occurs after the party’s delay in performance, his liability for breach of contract shall not be exempted.
Article 591 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; failure to take appropriate measures to cause the loss to expand
, And shall not seek compensation for the enlarged loss.
Reasonable expenses incurred by the parties to prevent the expansion of losses shall be borne by the breaching party.
Article 592 If both parties breach the contract, they shall each bear corresponding responsibilities.

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If one party breaches the contract and causes losses to the other party, and the other party is at fault for the loss, the corresponding loss compensation may be reduced.
Article 591 If one of the parties breaches the contract due to a third party, it shall be liable to the other party for breach of contract in accordance with the law. Between a party and a third party
Disputes between the two parties shall be dealt with in accordance with the law or in accordance with the agreement.
Article 594 The limitation period for litigation or application for arbitration due to disputes over international goods sales contracts and technology import and export contracts is four years.

Part II Typical Contract
Chapter 9 Sales Contract
Article 595 A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.
Article 596 The content of a sales contract generally includes the name, quantity, quality, price, performance period, location and method of performance,
Loading party
and package of the subject matter.
Terms such as formulas, inspection standards and methods, settlement methods, and the words used in the contract and its effectiveness.
Article 597 If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposal, the buyer may terminate the contract and request the seller to bear
Liability for breach of contract.
The transfer of objects prohibited or restricted by laws and administrative regulations shall be in accordance with their provisions.
Article 598 The seller shall fulfill the obligation to deliver the subject matter to the buyer or deliver the documents for extracting the subject matter, and to transfer the ownership of the subject matter.
Service.
Article 599 The seller shall deliver the relevant documents and materials other than the documents for taking the subject matter to the buyer in accordance with the agreement or trading practices.
Article 600 Where the subject matter with intellectual property rights is sold, unless otherwise provided by law or otherwise agreed by the parties, the intellectual property rights of the subject matter shall not be a purchase.
By someone.
Article 601 The seller shall deliver the subject matter within the agreed time. If the delivery period is agreed, the seller can do so at any time within the delivery period
deliver.
Article 602 If the parties have not agreed on the deadline for delivery of the subject matter or the agreement is not clear, Article 510 and Article 511 of this Law shall apply.
Four provisions.
Article 603 The seller shall deliver the subject matter at the agreed place.
If the parties have not agreed on the place of delivery or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the following provisions shall apply:
(1) If the subject matter needs to be transported, the seller shall deliver the subject matter to the first carrier for delivery to the buyer;
(2) The subject matter does not need to be transported, and if the seller and the buyer know that the subject matter is at a certain place when signing the contract, the seller shall deliver the subject matter at that place;
If it is not known that the subject matter is at a certain location, the subject matter shall be delivered at the place of business when the seller concluded the contract.
Article 604 The risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter, and by the buyer after the delivery. However, the law is different.
Except as provided or otherwise agreed by the parties.
Article 605 If the subject matter is not delivered within the agreed time limit due to the buyer’s reasons, the buyer shall bear the responsibility for the destruction of the subject matter from the time the agreement is violated.
Risk of damage or loss.
Article 606: Unless otherwise agreed by the parties, the risk of damage or loss shall be the risk of damage or loss when the seller sells the subject matter in transit delivered to the carrier for transportation.
The buyer shall bear the responsibility.
Article 607 After the seller delivers the subject matter to the place designated by the buyer in accordance with the agreement and delivers it to the carrier, the risk of damage to or loss of the subject matter is determined by
The buyer bears it.
If the parties have not agreed on the place of delivery or the agreement is not clear, and the subject matter needs to be transported in accordance with the provisions of Article 603, Paragraph 2, Item 1 of this Law, the seller
After the subject matter is delivered to the first carrier, the risk of damage or loss of the subject matter shall be borne by the buyer.
Article 608 The seller places the subject matter at the place of delivery in accordance with the agreement or in accordance with the provisions of the second paragraph of Article 603 of this law, and the buyer
If there is no collection in violation of the agreement, the risk of damage to or loss of the subject matter shall be borne by the buyer from the time the agreement is violated.

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Article 609 If the seller fails to deliver the documents and materials related to the subject matter in accordance with the agreement, it shall not affect the transfer of the risk of damage to or loss of the subject matter.
Article 610 If the subject matter does not meet the quality requirements, so that the purpose of the contract cannot be achieved, the buyer may refuse to accept the subject matter or terminate the contract.
If the buyer refuses to accept the subject matter or terminates the contract, the risk of damage to or loss of the subject matter shall be borne by the seller.
Article 611 If the risk of damage to or loss of the subject matter is borne by the buyer, it will not affect the buyer’s request because the seller’s performance of his obligations does not meet the agreement.
The right to bear responsibility for breach of contract.
Article 612 The seller has the obligation to ensure that the third party does not have any rights to the subject matter delivered, but the law provides otherwise
Except for.
Article 613 If the buyer knows or should know that the third party has rights to the subject matter of the sale when the buyer concludes the contract, the seller shall not bear the preceding provisions.
Certain obligations.
Article 614 Where the buyer has definite evidence to prove that the third party has rights to the subject matter, the payment of the corresponding price may be suspended, but the seller provides
Except for appropriate guarantees.
Article 615 The seller shall deliver the subject matter in accordance with the agreed quality requirements. If the seller provides a description of the quality of the subject matter, the delivered subject matter
Should meet the quality requirements of the specification.

Article 616 If the parties have not agreed on the quality requirements of the subject matter or the agreement is not clear, it cannot be confirmed in accordance with the provisions of Article 510 of this law.
If it is determined, the provisions of Paragraph 1 of Article 511 of this Law shall apply.
Article 617 If the subject matter delivered by the seller does not meet the quality requirements, the buyer may follow Articles 582 to 584 of this law.
The provisions of the article request responsibility for breach of contract.
Article 618 The parties agree to reduce or exempt the seller’s liability for the defects in the subject matter, and the seller will not notify due to deliberate or gross negligence
If the buyer's subject matter is defective, the seller has no right to claim reduction or exemption of liability.
Article 619 The seller shall deliver the subject matter in accordance with the agreed packaging method. There is no agreement on the packaging method or the agreement is not clear, according to Article of this Law
If the provisions of Article 510 cannot be determined, it shall be packaged in a common way; if there is no common way, it shall be adequate to protect
Save
the money
subject matter and be conducive to
The packaging method that protects the ecological environment.
Article 620 The buyer shall inspect the subject matter within the agreed inspection period when receiving it. If there is no agreed inspection period, the inspection shall be conducted in a timely manner.
Article 621 If the parties agree on an inspection period, the buyer shall make the quantity or quality of the subject matter not in compliance with the agreement within the inspection period.
Notify the seller. If the buyer fails to notify, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement.
If the parties do not agree on the inspection period, the buyer shall communicate within a reasonable period of time when the quantity or quality of the subject matter is found or should be found to be inconsistent with the agreement.
Know the seller. If the buyer fails to notify within a reasonable time limit or fails to notify the seller within two years from the date of receipt of the subject matter, it shall be deemed that the quantity or quality of the subject matter is consistent with
The contract is stipulated; however, if there is a quality guarantee period for the subject matter, the quality guarantee period shall apply, and the two-year rule shall not apply.
If the seller knows or should know that the subject matter provided does not conform to the agreement, the buyer shall not be restricted by the notice time specified in the preceding two paragraphs.
Article 622 The inspection period agreed by the parties is too short. According to the nature of the subject matter and trading habits, it is difficult for the buyer to complete the inspection within the inspection period.
In the case of inspection, the time limit shall only be regarded as the time limit for the buyer to object to the appearance defects of the subject matter.
If the agreed inspection period or quality assurance period is shorter than the period prescribed by laws or administrative regulations, the period prescribed by laws or administrative regulations shall prevail.
Article 623 Where the parties have not agreed on the inspection period, and the delivery note, confirmation slip, etc. signed by the buyer indicate the quantity, model, and specifications of the subject matter,
It is presumed that the buyer has inspected the quantity and appearance defects, unless there is sufficient evidence to overturn it.
Article 624 The seller shall deliver the subject matter to a third party in accordance with the instructions of the buyer. The inspection standards agreed by the seller and the buyer shall be
If the inspection standards agreed by the three persons are inconsistent, the inspection standards agreed by the seller and the buyer shall prevail.
Article 625 Where the subject matter shall be recovered after the effective use life expires in accordance with the provisions of laws, administrative regulations, or the agreement of the parties,
The seller has the obligation to recover the subject matter by himself or by entrusting a third party.
Article 626 The buyer shall pay the price in accordance with the agreed amount and payment method. There is no agreement or agreement on the amount of the price and the method of payment
If it is not clear, the provisions of Article 510, Paragraph 2 and Paragraph 5 of Article 511 of this law shall apply.
Article 627 The buyer shall pay the price at the agreed place. There is no agreement on the place of payment or the agreement is not clear, in accordance with the 510th of this law
If the provisions of Article 10 are still uncertain, the buyer shall pay at the place of business of the seller; however, it is agreed to pay the price to deliver
Listthe
of subject
items matter or deliver the subject matter.
If the certificate is a condition, the payment shall be made at the place where the subject matter is delivered or the documents for taking the subject matter are delivered.

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Article 628 The buyer shall pay the price at the agreed time. There is no agreement on the payment time or the agreement is not clear, in accordance with the 510th of this law
If the provisions of Article 10 are still uncertain, the buyer shall pay at the same time as receiving the subject matter or withdrawing the subject matter documents.
Article 629 Where the seller delivers more subject matter, the buyer may accept or refuse to accept the excess portion. If the buyer accepts the excess part, it shall be in accordance with
The agreed price shall be paid; if the buyer refuses to accept the overpayment, the seller shall be notified in time.
Article 630 The fruits generated before the delivery of the subject matter belong to the seller; the fruits generated after the delivery belong to the Person
buyer. But when
Unless otherwise agreed.
Article 631 If the contract is terminated because the main object of the subject matter does not conform to the agreement, the effect of the cancellation of the contract shall apply to the dependent property. Because the subject matter does not meet the contract
If it must be cancelled, the effect of cancellation is not as effective as the main thing.
Article 632 The subject matter is several things, and if one of them does not conform to the agreement, the buyer may cancel the matter. However,of
the separation of the object from the other
If the value of the property is obviously impaired, the buyer may terminate the contract for the plurality of properties.
Article 633 Where the seller delivers the subject matter in batches, the seller fails to deliver one batch of the subject matter or the delivery does not comply with the agreement, causing the batch of subject matter to be delivered.
If the object fails to achieve the purpose of the contract, the buyer may terminate the batch of objects.
If the seller fails to deliver one batch of the subject matter or the delivery does not meet the agreement, so that the subsequent delivery of other batches of subject matter cannot achieve the purpose of the contract, the buyer
This batch and other batches of subject matter can be cancelled.
If the buyer cancels one batch of the subject matter, if the subject matter of this batch of subject matter is interdependent with other batches of subject matter, it can be used for each batch of subject matter that has been delivered or not.
The thing is lifted.
Article 634 If the buyer of instalment payment fails to pay the due price reaches one-fifth of the total price, it shall remain within a reasonable time limit after a reminder.
If the price due is not paid, the seller may request the buyer to pay the full price or terminate the contract.
If the seller terminates the contract, it may request the buyer to pay the use fee for the subject matter.
Article 635 The parties involved in a sample sale shall seal up the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be the same
The quality of the product and its description are the same.
Article 636. If the buyer who buys and sells on the basis of a sample does not know that the sample has hidden defects, even if the subject matter delivered is the same as the sample, the subject matter delivered by the seller
The quality of the object should still meet the usual standards for the same species.
Article 637 The parties to the trial sale may agree on the probation period of the subject matter. There is no agreement on the probation period or the agreement is not clear, according to this law
If the provisions of Article 510 are still uncertain, the seller shall determine.
Article 638 The buyer of trial trading may purchase the subject matter during the trial period or refuse to purchase it. When the trial period expires, the buyer is
The purchase of the subject matter without any indication shall be deemed as a purchase.
If the buyer of a trial sale has paid part of the price or sold, leased, or established a security property right on the subject matter during the trial period, it shall be deemed to have agreed
buy.
Article 639 If the parties to the trial sale do not agree on the use of the subject matter or the agreement is not clear, the seller has no right to request the buyer to pay.
Article 640 The risk of damage or loss of the subject matter during the probation period shall be borne by the seller.
Article 641 The parties may agree in the sales contract that if the buyer fails to perform the payment of the price or other obligations, the ownership of the subject matter shall belong to the exporter.
Sell ​people.
The seller’s reserved ownership of the subject matter without registration shall not be against a bona fide third party.
Article 642 The parties agree that the seller retains the ownership of the subject matter of the contract. Before the ownership of the subject matter is transferred, the buyer has one of the following circumstances:
If damage is caused to the seller, unless otherwise agreed by the parties, the seller has the right to retrieve the subject matter:
(1) Failing to pay the price as agreed, and failing to pay within a reasonable time limit after a reminder;
(2) Failing to complete specific conditions as agreed;
(3) Sell, pledge or impose other improper sanctions on the subject matter.
The seller may negotiate with the buyer to retrieve the subject matter; if the negotiation fails, it may refer to the implementation procedure of the applicable security right.

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Article 643 After the seller retrieves the subject matter in accordance with the provisions of the first paragraph of the preceding article, the buyer shall have a reasonable redemption period agreed upon by both parties or designated by the seller
Within the limit, if the reason for the seller to retrieve the subject matter is eliminated, the subject matter can be redeemed.
If the buyer does not redeem the subject matter within the redemption period, the seller can sell the subject matter to a third party at a reasonable price.
If there is still a surplus after the paid price and necessary expenses, it shall be returned to the buyer; the insufficient part shall be paid off by the buyer.
Article 644 The rights and obligations of the parties involved in tendering and bidding transactions, as well as the tendering and bidding procedures, etc., shall be in accordance with the relevant laws and administrative regulations.
Article 645 The rights and obligations of the parties to the auction and the auction procedures shall be in accordance with the relevant laws and administrative regulations.
Article 646 Where the law has provisions on other paid contracts, follow those provisions; if there are no provisions, refer to the relevant provisions of the applicable sales contract.
Article 647 Where the parties agree on a barter transaction to transfer the ownership of the subject matter, the relevant provisions of the applicable sales contract shall be referred to.

Chapter X Contracts for the Supply and Use of Electricity, Water, Gas, and Heat
Article 648 A power supply contract is a contract in which the power supplier supplies power to the power user and the power user pays the electricity fee.
The power supplier who supplies power to the public shall not refuse the power user’s reasonable contract requirements.
Article 649 The content of a power supply contract generally includes the method, quality, time, capacity, address, nature, measurement method,
Price,
and electricity
The payment method, the maintenance responsibility of the electricity supply facilities and other terms.
Article 650 The place of performance of the power supply and use contract shall be in accordance with the agreement of the parties; if the parties have
Minute
not agreed or the agreement is not clear, the property rights of the power supply facilities
The boundary is the place of performance.
Article 651 The power supplier shall supply power safely in accordance with the power supply quality standards prescribed by the state and the agreement. The power supplier does not comply with the power supply quality stipulated by the state
If the standard and agreed safe power supply cause losses to the power user, it shall be liable for compensation.
Article 652 When the power supplier needs to interrupt the power supply due to planned overhauls, temporary overhauls of power supply facilities, power cuts in accordance with the law, or illegal use of power by the power user, etc.
, The power user shall be notified in advance in accordance with the relevant state regulations; if the power user is interrupted without notifying the power user in advance, causing losses to the power user, the user shall be liable for compensation.
Article 653: In the event of a power outage due to natural disasters or other reasons, the power supplier shall promptly repair it in accordance with Lose
relevant state regulations; failure to promptly repair it will cause damage to the power user
If it is found, it shall be liable for compensation.
Article 654 The electricity user shall pay the electricity fee in a timely manner in accordance with the relevant state regulations and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, it shall
Pay liquidated damages in accordance with the agreement. If the power user fails to pay the electricity bills and liquidated damages within a reasonable period of time after being reminded, the power supplier may suspend the supply in accordance with the procedures prescribed by the state.
Electricity.
If the power supplier suspends power supply in accordance with the provisions of the preceding paragraph, it shall notify the power user in advance.
Article 655 The electricity user shall use electricity safely, economically, and plan in accordance with relevant state regulations and the agreement of the parties. The electricity user does not follow the state
If it is stipulated and agreed with the parties that the use of electricity causes losses to the power supplier, it shall be liable for compensation.
Article 656 For contracts for the supply of water, gas, and heat, the relevant provisions of the applicable electricity supply contract shall be referred to.

Chapter 11 Gift Contract
Article 557 A donation contract is a contract in which the donator gives his property to the donee free of charge, and the donee expresses acceptance of the gift.
Article 658 The donator may revoke the donation before the transfer of the right to the donated property.
The notarized gift contract or the gift contract that has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation, and disability assistance that cannot be revoked in accordance with the law shall not be subject to the provisions of the preceding paragraph.
set.
Article 659 Where the donated property requires registration or other formalities in accordance with the law, the relevant formalities shall be completed.
Article 660 A notarized gift contract or a gift contract that has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked in accordance with the law
If the donator fails to deliver the donated property, the donee may request delivery.
If the donated property that should be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the intention or gross negligence of the donor, the donor shall be liable for compensation.

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Article 661 The gift may be accompanied by obligations.
Where the donation is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Article 662 If the donated property is defective, the donator shall not be liable. For gift with collateral obligations, if the donated property is defective,
Righteousness
the donor shall
Bear the same responsibilities as the seller within the limits of the business.
If the donor deliberately fails to inform the defect or guarantees that it is not defective, causing losses to the donee, it shall be liable for compensation.
Article 663 If ​the donee has one of the following circumstances, the donator may revoke the gift:
(1) Seriously infringe upon the lawful rights and interests of the donor or close relatives of the donor;
(2) Failure to perform the obligation to support the donor;
(3) Failure to perform the obligations stipulated in the gift contract.
The donator’s right of revocation shall be exercised within one year from the date when he knew or should have known the reason for the revocation.
Article 664: Where the donor’s illegal act causes the donor’s death or incapacity for civil conduct, the donor’s heir or legal agent
A person can revoke the gift.
The right of revocation of the donator’s heir or legal representative shall be exercised within six months from the date when he knew or should have known the reason for the revocation.
Article 665 Where the person with the right of revocation revokes the donation, he may request the donee to return the donated property.
Article 666: If the economic situation of the donor has deteriorated significantly, which seriously affects its production and operation or family life, it may no longer perform the obligation of the donation.

Chapter XII Loan Contract
Article 667 A loan contract is a contract in which the borrower borrows from the lender, returns the loan and pays interest when due.
Article 668 The loan contract shall be in written form, unless the loan is otherwise agreed between natural persons.
The content of a loan contract generally includes terms such as the type of loan, currency, purpose, amount, interest rate, term, and method of repayment.
Article 669: In entering into a loan contract, the borrower shall provide true information about the business activities and financial status related to the loan in accordance with the requirements of the lender.
condition.
Article 670 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and
Calculate interest.
Article 671 If the lender fails to provide the loan in accordance with the agreed date and amount, causing losses to the borrower, it shall compensate for the loss.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay the interest on the agreed date and amount.
Article 672 The lender may inspect and supervise the use of the loan in accordance with the agreement. The borrower shall provide relevant information to the lender on a regular basis in accordance with the contract
Financial accounting statements or other materials.
Article 673 Where the borrower fails to use the loan for the agreed purpose of the loan, the lender may stop issuing the loan, withdraw the loan in advance, or cancel the contract.
with.
Article 674 The borrower shall pay interest within the agreed time limit. There is no agreement or the agreement is not clear on the time limit for the payment of interest, in accordance with Article of this Law
The provisions of Article 510 are still uncertain. If the loan period is less than one year, it shall be paid when the loan is returned; if the loan period isEvery
more expiry
than one year, it shall be paid in
The payment is made within one year, and if the remaining period is less than one year, the payment shall be made at the time of repayment of the loan.
Article 675 The borrower shall repay the loan within the agreed time limit. There is no agreement on the loan period or the agreement is not clear, in accordance with the 51st of this law
If the provisions of Article 10 are still uncertain, the borrower may repay at any time; the lender may urge the borrower to repay within a reasonable time limit.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
Article 677 Where the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated based on the actual loan period.
Article 678 The borrower may apply to the lender for an extension before the expiry of the repayment period; if the lender agrees, it may extend the period.

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Article 677 A loan contract between natural persons shall be established when the lender provides the loan.
Article 680 It is forbidden to lend at usury, and the interest rate of the borrowing shall not violate the relevant regulations of the state.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.
If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the local or the parties’ transaction methods, transaction habits, and market
Interest rate and other factors determine interest; borrowing between natural persons is deemed to have no interest.

Chapter XIII Guarantee Contract
Section 1 General Provisions
Article 681 The guarantee contract is to guarantee the realization of the creditor’s rights. The guarantor and the creditor agree that when the debtor fails to perform the due debt or the parties involved
Under the agreed circumstances, the guarantor shall perform the debt or assume the responsibility of the contract.
Article 682 The guarantee contract is a subordinate contract of the main creditor's rights and debts contract. If the principal creditor’s rights and debt contracts are invalid, the guarantee contract is invalid, but the law has other regulations.
Except for the set.
After the guarantee contract is confirmed to be invalid, if the debtor, guarantor, or creditor is at fault, they shall each bear corresponding civil liabilities based on their faults.
Article 683: An agency legal person may not be a guarantor, but is approved by the State Council to use loans from foreign governments or international economic organizations for on-lending
except.
Non-profit legal persons and unincorporated organizations for the purpose of public welfare shall not be the guarantors.
Article 684 The content of a guarantee contract generally includes the type and amount of the principal creditor’s rights to be guaranteed, the time limit for the debtor to perform the debt, the method of guarantee,
Terms such as scope and period.
Article 685 The guarantee contract may be a separately concluded written contract, or it may be a guarantee clause in the principal creditor's rights and debt contracts.
The third party unilaterally provides a guarantee to the creditor in written form, and if the creditor accepts it and does not raise an objection, the guarantee contract is established.
Article 686 The methods of guarantee include general guarantee and joint liability guarantee.
If there is no agreement on the guarantee method or the agreement is not clear in the guarantee contract, the parties shall assume the guarantee liability in accordance with the general guarantee.
Article 687 Where the parties agree in the guarantee contract that when the debtor is unable to perform the debt, the guarantor shall bear the guaranty responsibility, which is a general guarantee.
The guarantor of the general guarantee has the right to refuse to pay for the debt before the dispute over the main contract has not been tried or arbitrated, and the debtor’s property cannot be fulfilled under the law enforcement.
The creditor shall bear the responsibility of guarantee, except in any of the following circumstances:
(1) The whereabouts of the debtor is unknown, and there is no property available for enforcement;
(2) The people's court has accepted the debtor's bankruptcy case;
(3) The creditor has evidence to prove that the debtor’s property is insufficient to fulfill all debts or loses the ability to perform debts;
(4) The guarantor expresses in writing to waive the rights stipulated in this paragraph.
Article 688 Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall bear joint liability for the debts, it shall be a joint liability guarantee.
When the debtor under the joint liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may request the debtor to perform the debt, or request
The guarantor is requested to assume the guaranty responsibility within the scope of its guarantee.
Article 689 The guarantor may require the debtor to provide a counter-guarantee.
Article 690 The guarantor and the creditor may negotiate to conclude a contract for the maximum amount of guarantee, and it shall be agreed that a certain period of continuous occurrence shall occur within the limit of the maximum amount of creditor's rights.
Provide guarantee for the claims.
In addition to the provisions of this chapter, the maximum guarantee shall refer to the relevant provisions of the maximum mortgage of Part II of this law.

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Section 2 Guarantee Responsibility
Article 591 The scope of the guarantee includes the principal creditor's rights and its interest, liquidated damages, damages and costs for the realization of the creditor's rights. If the parties agree otherwise,
According to its agreement.
Article 692 The guarantee period is the period during which the guarantor is determined to assume the guaranty responsibility, and shall not be suspended, interrupted or extended.
The creditor and the guarantor may agree on the guarantee period, but the agreed guarantee period is earlier than the principal debt performance period or expires at the same time as the principal debt performance period,
It is deemed that there is no agreement; if there is no agreement or the agreement is not clear, the guarantee period is six months from the date of expiry of the main debt performance period.
If the creditor and the debtor have no agreement on the performance period of the principal debt or the agreement is not clear, the guarantee period shall be the grace period for the creditor to request the debtor to perform the debt.
Calculated from the date of expiry.
Article 693 If the creditor of the general guarantee fails to file a lawsuit or apply for arbitration against the debtor during the guarantee period, the guarantee shall no longer bear the guarantee liability.
If the creditor of the joint liability guarantee fails to request the guarantor to assume the guaranty liability during the guarantee period, the guarantor shall no longer bear the guaranty liability.
Article 694 Where a creditor of a general guarantee institutes a lawsuit or applies for arbitration against the debtor before the expiry of the guarantee period, the guarantee shall be refused by the guarantor.
The statute of limitations for guaranteeing debts shall be calculated from the date on which the right of the burden of proof is extinguished.
If the creditor of the joint liability guarantee requests the guarantor to assume the guaranty liability before the expiry of the guarantee period, from the date when the creditor requests the guarantor to assume the guaranty liability,
Begin to calculate the statute of limitations for guaranteed debts.
Article 695: If the creditor and the debtor negotiate to change the content of the principal creditor’s rights and debt contract without the written consent of the guarantor, the guarantor shall still
The changed debt shall bear the guarantee responsibility; if the debt is aggravated, the guarantor shall not bear the guarantee responsibility for the aggravated part.
If the creditor and the debtor change the performance period of the principal creditor's rights and debt contract without the written consent of the guarantor, the guarantee period will not be affected.
Article 696 If the creditor transfers all or part of the creditor's rights without notifying the guarantor, the assignment shall not be effective for the guarantor.
The guarantor and the creditor agree to prohibit the transfer of the creditor's rights, and if the creditor transfers the creditor's rights without the written consent of the guarantor, the guarantor shall no longer bear the guaranty liability to the transferee.
Article 697 Without the written consent of the guarantor, the creditor allows the debtor to transfer all or part of the debt, and the guarantor shall pay for the debt transferred without its consent.
The guarantor shall no longer bear the guaranty responsibility, unless otherwise agreed by the creditor and the guarantor.
Where a third party joins the debt, the guarantor’s guaranty responsibility shall not be affected.
Article 698 The guarantor of the general guarantee shall provide the creditor with the true information of the debtor’s property available for execution after the expiration of the principal debt performance period.
If the right holder waives or neglects to exercise the right so that the property cannot be executed, the guarantor shall no longer bear the guaranty liability within the value range of the property that it provides for execution.
Article 699 Where there are two or more guarantors for the same debt, the guarantor shall bear the guaranty liability in accordance with the guaranty
Have
share agreed in the guaranty contract;
Where a guaranteed share is agreed, the creditor may request any guarantor to assume the guaranty liability within the scope of its guarantee.
Article 700 After the guarantor assumes the guaranty liability, unless otherwise agreed by the parties, the guarantor shall have the right to recover from the debtor within the scope of the guaranty liability and enjoy the debt.
The right holder has the right to the debtor, but shall not harm the interests of the creditor.
Article 701 The guarantor may claim the debtor’s defense against the creditor. If the debtor waives its defense, the guarantor still has the right to claim a defense against the creditor.
Article 702 Where the debtor has the right of set-off or cancellation to the creditor, the guarantor may refuse to assume the guaranty liability within the corresponding scope.

Chapter 14 Lease Contract
Article 703 A lease contract is a contract whereby the lessor delivers the leased property to the lessee for use and proceeds, and the lessee pays the rent.
Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and its payment term and method, and Lease
lease
Maintenance and other terms.
Article 705 The lease term shall not exceed 20 years. If it exceeds 20 years, the exceeding part shall be invalid.
Upon expiration of the lease term, the parties may renew the lease contract; however, the agreed lease term shall not exceed twenty years from the date of renewal.
Article 706 If the parties fail to go through the registration and filing procedures of the lease contract in accordance with laws and administrative regulations, the validity of the contract will not be affected.

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Article 707 If the lease term is more than six months, it shall be in written form. If the party fails to adopt a written form and cannot determine the lease term, it shall be deemed
Irregular lease.
Article 708 The lessor shall deliver the lease item to the lessee in accordance with the agreement and keep the lease item in accordance with the agreed use within the lease term.
Article 709 The lessee shall use the leased property in accordance with the agreed method. There is no agreement on the use of the leased property or the agreement is not clear, in accordance with this law
If the provisions of Article 510 cannot be determined, it shall be used according to the nature of the leased property.
Article 710 If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased property, which causes the leased property to be damaged, it shall not be liable for compensation
Ren.
Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased property, causing losses to the leased property, the lessor
You can terminate the contract and request compensation for the loss.
Article 712 The lessor shall perform the obligation to maintain the leased property, unless otherwise agreed by the parties.
Article 713 When the leased property needs to be repaired, the lessee may request the lessor to repair it within a reasonable time limit. If the lessor fails to perform the maintenance obligation, the lease
The person can repair it by himself, and the cost of the repair shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease period shall be extended accordingly.
If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not undertake the maintenance obligations stipulated in the preceding paragraph.
Article 714 The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
Article 715 With the consent of the lessor, the lessee may improve or add other properties to the leased property.
Where the lessee makes improvements or additions to the leased property without the lessor’s consent, the lessor may request the lessee to restore the original condition or compensate for the loss.
Article 716 The lessee may sublet the leased property to a third party with the consent of the lessor. If the lessee sublet, the lease between the lessee and the lessor
The contract continues to be valid; if a third party causes loss of the leased property, the lessee shall compensate for the loss.
If the lessee sublet without the lessor’s consent, the lessor may terminate the contract.
Article 717 The lessee shall sublet the leased property to a third party with the consent of the lessor. If the subletting period exceeds the remaining lease term of the lessee, the excess
The agreement is not legally binding on the lessor, unless the lessor and the lessee have agreed otherwise.
Article 718 If the lessor knows or should know that the lessee is subletting, but has not raised an objection within six months, it shall be deemed that the lessor agrees to the subletting.
Article 719 If the lessee defaults on rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, but the sub-lease contract imposes damages on the lessor.
Except for those that are not legally binding.
The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be used to offset the rent that the sub-lessee should pay to the lessee; if it exceeds the amount of the rent it pays, it may be
Recovery from the lessee.
Article 720 The profit obtained from possession and use of the leased property during the lease term shall belong to the lessee, unless otherwise agreed by the parties.
Article 721 The lessee shall pay the rent within the agreed time limit. If there is no agreement or the agreement is not clear on the time limit for the payment of rent, the
The provisions of Article 510 are still uncertain. If the lease term is less than one year, the payment shall be made at the expiry of the lease term; if the
Every
leaseexpiry
term is more than one year, the payment shall be made in
Payment is made at one year, and if the remaining period is less than one year, the payment shall be made when the lease term expires.
Article 722 If the lessee fails to pay or delays paying the rent without a justified reason, the lessor may request the lessee to pay within a reasonable time limit; the lessee
If the person fails to pay within the time limit, the lessor may terminate the contract.
Article 723: Where the lessee is unable to use or benefit from the leased property due to a third party’s claim, the lessee may request a reduction in rent or not pay
Pay the rent.
Where a third party claims a right, the lessee shall promptly notify the lessor.
Article 724 In any of the following circumstances, the lessee may terminate the contract if the leased property cannot be used due to reasons other than the lessee:
(1) The leased property is sealed up or seized by the judicial or administrative agency in accordance with the law;
(2) The ownership of the leased property is disputed;
(3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.
Article 725 If the ownership of the leased property changes during the period of time occupied by the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.

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Article 726 Where a lessor sells a leased house, it shall notify the lessee within a reasonable time before the sale, and the lessee shall have the same priority
The right to purchase; however, unless the co-owner of the house exercises the right of preemption or the lessor sells the house to a close relative.
After the lessor fulfills the notification obligation, if the lessee fails to expressly purchase within 15 days, it shall be deemed that the lessee has waived the right of first refusal.
Article 727 Where the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee does not participate in the auction, it shall be deemed
Give up the right of first refusal.
Article 728 If the lessor fails to notify the lessee or has other circumstances that hinder the lessee’s exercise of the right of first refusal, the lessee may request the lessor to
Take responsibility for compensation. However, the validity of the house purchase contract concluded between the lessor and the third party shall not be affected.
Article 729 If the lease item is partially or completely damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent
Or the rent is not paid; if part or all of the leased property is damaged or lost, so that the purpose of the contract cannot be achieved, the lessee may terminate the contract.
Article 730 If the parties have not agreed on the lease term or the agreement is unclear, and the lease cannot be determined in accordance with the provisions of Article 510 of this law, it shall be deemed not
Periodic lease; the parties can terminate the contract at any time, but the other party should be notified before a reasonable period of time.
Article 731 If the leased property endangers the safety or health of the lessee, even if the lessee knows that the quality of the leased property is unqualified when signing the contract, the lessee
The contract can still be cancelled at any time.
Article 732 If the lessee dies within the lease term, the person living with him or the joint operator may follow the original lease contract
Lease the house.
Article 733 When the lease term expires, the lessee shall return the lease item. The returned leased property should conform to the agreement or according to the nature of the leased property
The state after use.
Article 734 If the lease term expires and the lessee continues to use the leased property, and the lessor raises no objection, the original lease contract
rent
continues to be valid, but
The lease term is irregular.
At the expiration of the lease term, the tenant of the house has the right to preferentially rent under the same conditions.

Chapter XV Financial Lease Contract
Article 735 A financial lease contract is that the lessor purchases the leased property from the seller and provides it to the lessee based on the lessee’s choice of the seller and the leased property.
People use the contract that the lessee pays the rent.
Article 736 The contents of a financial lease contract generally include the name, quantity, specifications, technical performance, inspection method,
rent and lease term of the leased property.
Terms such as composition and payment period and method, currency, ownership of the leased property at the end of the lease term.
The financial lease contract shall be in written form.
Article 737 The financial lease contract concluded by the parties in the form of a fictitious lease is invalid.
Article 738 In accordance with the provisions of laws and administrative regulations, if an administrative license should be obtained for the operation and use of the leased property, the lessor has not obtained the administrative license.
It may not affect the validity of the financial lease contract.
Article 739: For a sales contract concluded by the lessor based on the lessee’s choice of the seller and the leased property, the seller shall deliver to the lessee in accordance with the contract
For the subject matter, the lessee enjoys the rights of the buyer related to the subject matter.
Article 740 If the seller violates the obligation to deliver the subject matter to the lessee, and in any of the following circumstances, the lessee may refuse to receive the delivery from the seller
The subject matter:
(1) The subject matter seriously does not conform to the agreement;
(2) Failing to deliver the subject matter in accordance with the agreement, and failing to deliver it within a reasonable time limit after being urged by the lessee or the lessor.
If the lessee refuses to accept the subject matter, it shall promptly notify the lessor.
Article 741 The lessor, the seller, and the lessee may agree that if the seller fails to perform its obligations under the sales contract, the lessee shall exercise
Inherit the right to claim compensation.
Where the lessor exercises the right of compensation, the lessor shall assist.
Article 742: The lessee's exercise of the right of compensation against the seller shall not affect its performance of the obligation to pay rent. However, the lessee relies on the lessor’s skills
If the lease item is determined or the lessor interferes in the selection of the lease item, the lessee may request a corresponding rent reduction or exemption.

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Article 743 If the lessor has one of the following circumstances, which causes the lessee to fail to exercise its right to claim against the seller, the lessee has the right to request the lessor to bear the burden
Corresponding responsibilities:
(1) Knowing that the leased property has quality defects and failing to inform the lessee;
(2) The lessee failed to provide necessary assistance in time when exercising the right of compensation.
If the lessor fails to exercise the right of compensation that can only be exercised against the seller, causing losses to the lessee, the lessee has the right to request the lessor to bear the liability for compensation.
Article 744 The sales contract concluded by the lessor based on the lessee’s choice of the seller and the leased property shall not be changed by the lessor without the lessee’s consent.
The content of the contract related to the lessee.
Article 745 The lessor’s ownership of the leased property shall not be against a bona fide third party without registration.
Article 746 The rent of a financial lease contract shall, unless otherwise agreed by the parties, be based on most or all of the cost of purchasing the leased property and the
The renter’s reasonable profit is determined.
Article 747 The lessor shall not be liable if the leased property does not meet the agreement or does not meet the purpose of use. However, the lessee relies on the lessor’s skills
Except where the leased property is determined or the lessor interferes in the selection of the leased property.
Article 748 The lessor shall guarantee the lessee's possession and use of the lease item.
If the lessor has one of the following circumstances, the lessee has the right to request compensation for the loss:
(1) Taking back the leased property without justifiable reasons;
(2) Obstructing or interfering with the lessee's possession and use of the leased property without justifiable reasons;
(3) A third party claims rights to the leased property due to the lessor;
(4) Other circumstances that improperly affect the lessee's possession and use of the leased property.
Article 749 During the period when the lessee is in possession of the leased property, if the leased property causes personal injury or property loss to a third person, the lessor shall not be liable.
Article 750 The lessee shall properly keep and use the leased property.
The lessee shall perform the maintenance obligations during the period of possession of the leased property.
Article 751 If the leased property is damaged or lost while the lessee is in possession of the leased property, the lessor has the right to request the lessee to continue to pay the rent, but the law
Unless otherwise stipulated or otherwise agreed by the parties.
Article 752 The lessee shall pay the rent in accordance with the agreement. If the lessee fails to pay the rent within a reasonable period after being urged, the lessor may request
Pay all rent; you can also terminate the contract and take back the leased property.
Article 753 If the lessee transfers, mortgages, pledges, invests in shares or otherwise disposes of the leased property without the consent of the lessor,
people
the lease
The financing lease contract can be terminated.
Article 754 In any of the following circumstances, the lessor or lessee may terminate the financial lease contract:
(1) The sales contract between the lessor and the seller is terminated, confirmed to be invalid or revoked, and the sales contract cannot be re-concluded;
(2) The leased property is damaged or lost due to reasons not attributable to the parties, and the leased property cannot be repaired or determined as a replacement;
(3) The purpose of the financial lease contract cannot be realized due to the seller's reasons.
Article 755 The financial lease contract is terminated due to the cancellation, confirmation of invalidity, or cancellation of the sales contract. The seller and the leased property shall be selected by the lessee
, The lessor has the right to request the lessee to compensate for the corresponding losses; however, the sale contract is cancelled, confirmed to be invalid or revoked due to the lessor’s reasons.
If the lessor’s losses have been compensated when the sales contract is terminated, confirmed to be invalid or revoked, the lessee shall no longer bear the corresponding compensation liability.
Article 756 If the financial leasing contract is terminated due to accidental damage or loss of the leased property after delivery to the lessee and other reasons not attributable to the parties, the lease shall
The person can request the lessee to compensate according to the depreciation of the leased property.
Article 757 The lessor and the lessee may agree on the ownership of the leased property at the expiration of the lease term; there is no agreement or the agreement on the ownership of the leased property is not clear
Indeed, if it is still uncertain in accordance with the provisions of Article 510 of this law, the ownership of the leased property shall belong to the lessor.

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Article 758 The parties agree that the leased property shall belong to the lessee at the expiration of the lease term. The lessee has paid most of the rent, but is unable to pay the remaining
Rent, the lessor therefore cancels the contract to recover the leased property, and the value of the recovered leased property exceeds the rent owed by the lessee and other expenses, the lessee may request the relevant
Should be returned.
The parties agree that the leased property shall belong to the lessor at the expiration of the lease term, and the lessee cannot return it because the leased property is damaged, lost, attached or mixed with other properties
, The lessor has the right to request reasonable compensation from the lessee.
Article 759: If the parties agree on the expiry of the lease term and the lessee only needs to pay the lessor a nominal price, it shall be deemed that the agreed rental obligation has been fulfilled.
After the completion of the lease, the ownership of the leased property shall belong to the lessee.
Article 760 If the financial lease contract is invalid, if the parties have agreed on the ownership of the leased property in this case, follow the agreement;
Do notthere is no agreement or agreement
To be clear, the leased property should be returned to the lessor. However, if the contract is invalid due to the lessee’s reasons, the lessor does not request the return or the return will significantly reduce the lease property efficiency
If it is used, the ownership of the leased property belongs to the lessee, and the lessee shall give the lessor reasonable compensation.

Chapter 16 Factoring Contracts
Article 761. A factoring contract is that the creditor of the accounts receivable transfers the existing or some accounts receivable to the factoring party, and the factoring party provides financial support,
Contracts for services such as accounts receivable management or collection, and payment guarantees by debtors of accounts receivable.
Article 762 The content of a factoring contract generally includes business type, service scope, service period, basic transaction contract status, accounts receivable information,
Terms such as factoring financing or service remuneration and its payment method.
The factoring contract shall be in written form.
Article 763 Where the creditor and the debtor of the accounts receivable fabricate the accounts receivable as the subject of transfer, and enter into a factoring contract with the factoring party, the debts of the accounts receivable
A person shall not use the non-existence of the accounts receivable as an excuse to oppose the factorer, unless the factorer knowingly makes a fiction.
Article 764 When a factoring party issues a notice of the transfer of accounts receivable to the debtor of the accounts receivable, it shall indicate the identity of the factoring party and attach necessary vouchers.
Article 765 After the debtor of the accounts receivable receives the notification of the transfer of the accounts receivable, the creditor of the accounts receivable and the debtor negotiate the change without justifiable reasons or
If the termination of the basic transaction contract has an adverse effect on the factoring party, it shall not be effective for the factoring party.
Article 766 Where the parties agree that there is a right of recourse factoring, the factoring party may claim to the creditor of the accounts receivable to return the principal and interest of the factoring financing or to repurchase it
Claims on accounts receivable can also be claimed against debtors of accounts receivable. The factoring claims against the debtor of the accounts receivable, after deducting the factoring
If there is a surplus after the principal and interest of the financing funds and related expenses, the remaining part shall be returned to the creditor of the accounts receivable.
Article 767 If the parties agree on factoring without recourse, the factorer shall claim the debtor of the accounts receivable, and the factorer shall obtain more than
The principal and interest of factoring financing and related expenses do not need to be returned to creditors of accounts receivable.
Article 768: Where a creditor of an accounts receivable enters into multiple factoring contracts for the same account receivable, causing multiple factorers to claim rights, the registered first
Obtain the accounts receivable from the unregistered ones; if they have all been registered, obtain the accounts receivable in the order of registrationAccount
time; if they
debt are all unregistered, the accounts receivable shall arrive first
The factor stated in the transfer notice of the agent obtains the accounts receivable; if neither registration nor notification is made, the account receivable shall be obtained in proportion to the factoring financing or service remuneration
paragraph.
Article 769 If there are no provisions in this chapter, the relevant provisions on the assignment of creditor's rights in Chapter VI of this chapter shall apply.

Chapter XVII Contracts
Article 770 A contract is a contract in which the hiree completes the work in accordance with the requirements of the ordering party, delivers the work results, and the ordering party pays remuneration.
The contract includes processing, ordering, repairing, copying, testing, inspection, etc.
Article 771. The contents of a contract generally include the subject matter, quantity, quality, remuneration, method of contracting, provision of materials,
, Test
and time limit for performance.
Terms such as acceptance criteria and methods.
Article 772 The contractor shall use its own equipment, technology and labor to complete the main work, unless otherwise agreed by the parties.
If the contractor assigns the main work it has contracted to a third party to complete, it shall be responsible to the ordering party for the work results completed by the third party; without the consent of the ordering party
, The ordering party can also terminate the contract.

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Article 773 The contractor may assign the auxiliary work contracted to a third party to complete. The contractor assigns the auxiliary work it has contracted to a third party to complete
If the third party has completed the work, it shall be responsible to the ordering person.
Article 774 Where the contractor provides materials, it shall select the materials in accordance with the agreement and accept the ordering party's inspection.
Article 775 Where the ordering party provides materials, it shall provide materials in accordance with the agreement. The contractor shall promptly inspect the materials provided by the ordering party,
When compliance with the agreement, the ordering party shall be notified in time to replace, supplement or take other remedial measures.
The contractor shall not replace the materials provided by the ordering party without authorization, and shall not replace the parts that do not need to be repaired.
Article 776 If the contractor finds that the drawings or technical requirements provided by the ordering party are unreasonable, it shall promptly notify the ordering party. Because the person is negligent in answering
If the contractor suffers losses due to other reasons, he shall compensate for the losses.
Article 777 If the ordering party changes the requirements of the contracted work midway, causing losses to the contractor, it shall compensate for the losses.
Article 778 Where the contracting work requires the assistance of the ordering party, the ordering party has the obligation to assist. The ordering party’s failure to perform the obligation of assistance makes the contracted work impossible
Upon completion, the contractor may urge the ordering party to perform the obligations within a reasonable time limit, and may extend the performance
Disengage
period; if the ordering party fails to perform within the time limit, the contractor may
with.
Article 779 During the work period, the contractor shall accept the necessary supervision and inspection by the contractor. The ordering party shall not hinder the contractor’s integrity due to supervision and inspection.
Work often.
Article 780 When the contractor completes the work, it shall deliver the work results to the ordering party, and submit the necessary technical materials and relevant quality certificates. Orderer
The work product should be checked and accepted.
Article 781: If the work product delivered by the contractor does not meet the quality requirements, the ordering party may reasonably choose to request the contractor to undertake repairs, rework, and reductions.
Liability for breach of contract such as underpayment and compensation for losses.
Article 772 The ordering party shall pay the remuneration within the agreed time limit. If there is no agreement or the agreement is not clear on the time limit for payment of remuneration,
If the provisions of Article 510 are still uncertain, the ordering party shall pay when the contractor delivers the work results; if the work results are partially
Shoulddelivered,
be supported
the ordering party shall pay
pay.
Article 783 If the ordering party fails to pay the contractor the equivalent of remuneration or material costs, the contractor shall have a lien on the finished work or have
The right to refuse delivery, unless otherwise agreed by the parties.
Article 784 The contractor shall properly keep the materials provided by the ordering party and the completed work results. If damage or loss is caused by improper storage, it shall
Should be liable for compensation.
Article 785 The contractor shall keep secrets in accordance with the requirements of the ordering party, and shall not retain copies or technical materials without the permission of the ordering party.
Article 786 The joint contractors shall bear joint and several liability to the ordering party, unless otherwise agreed by the parties.
Article 787 The ordering party may terminate the contract at any time before the contractor completes the work, and if it causes losses to the contractor, it shall compensate for the losses.

Chapter 18 Construction Project Contract
Article 788 A construction project contract is a contract in which the contractor carries out the construction of the project and the developer pays the price.
Construction engineering contracts include engineering survey, design, and construction contracts.
Article 789 The construction project contract shall be in written form.
Article 790 The bidding and bidding activities of construction projects shall be conducted in an open, fair and just manner in accordance with the provisions of relevant laws.
Article 793. The developer may enter into a construction project contract with the general contractor, or may enter into a survey, survey, and construction
Assumecontract with the surveyor, designer, and constructor separately.
Planning and construction contract. The developer may not split the construction project that should be completed by one contractor into several parts and issue the contract to several contractors.
The general contractor or the survey, design, or construction contractor may, with the consent of the developer, assign part of the work contracted by itself to a third party to complete. The third party is the end
The completed work results and the general contractor or the survey, design, and construction contractor shall be jointly and severally liable to the developer. The contractor shall not transfer all the construction projects
Contract to a third party or subcontract all the contracted construction projects to a third party in the name of subcontracting.
The contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications. Subcontractors are prohibited from subcontracting the projects they have contracted. The main structure of the construction project
The construction must be done by the contractor itself.

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Article 792 Contracts for major national construction projects shall follow the procedures prescribed by the state and the investment plans and feasibility study reports approved by the state.
Pieces are concluded.
Article 793 The construction contract of a construction project is invalid, but if the construction project has passed the experience acceptance, the contract may refer to the contract’s agreement on the price of the project to be discounted to make up for it.
Compensation contractor.
Where the construction contract of a construction project is invalid and the experience acceptance of the construction project is unqualified, it shall be handled in accordance with the following circumstances:
(1) If the repaired construction project has passed the acceptance, the developer may request the contractor to bear the repair costs;
(2) If the repaired construction project experience acceptance fails, the contractor does not have the right to request a discount and compensation with reference to the contract's agreement on the project price.
If the developer is at fault for the losses caused by the unqualified construction project, it shall bear corresponding liabilities.
Article 794 The contents of a survey and design contract generally include the time limit, quality requirements, cost, and
Other terms of cooperation conditions.
Article 795 The contents of a construction contract generally include the scope of the project, the construction period, the start and completion time of the intermediate project, the quality of the project, and the
Process cost, delivery time of technical data, material and equipment supply responsibilities, appropriation and settlement, completion acceptance, quality
Make an
warranty
order scope and quality warranty period, mutual agreement
paragraph.
Article 796 If the construction project is subject to supervision, the developer and the supervisor shall conclude an entrusted supervision contract in written form. Employer and Supervisor
The rights and obligations and legal responsibilities shall be in accordance with the entrustment contract of this book and other relevant laws and administrative regulations.
Article 797: The developer may check the progress and quality of the operation at any time, provided that it does not hinder the normal operation of the contractor.
Article 798 Prior to the concealment of a concealed project, the contractor shall notify the contract developer for inspection. If the developer fails to check in time, the contractor may postpone the work
The company has the right to request compensation for losses such as work stoppages and lack of work.
Article 799 After the completion of the construction project, the developer shall, in accordance with the construction drawings and instructions, and the construction acceptance specifications and quality inspection standards issued by the state
Acceptance shall be carried out in a timely manner. If the acceptance is qualified, the developer shall pay the price in accordance with the agreement and accept the construction project.
The construction project can only be delivered to use after it has passed the acceptance test; if it has not been accepted or failed the acceptance test, it cannot be delivered to use.
Article 800 If the quality of the survey or design does not meet the requirements or fails to submit the survey or design documents within the time limit and the construction period is delayed, causing losses to the contracting party, the survey
Persons and designers shall continue to improve survey and design, reduce or exempt survey and design fees, and compensate for losses.
Article 801 If the quality of the construction project does not conform to the agreement due to the cause of the constructor, the developer shall have the right to request the constructor to repair without compensation within a reasonable time limit.
Or rework or rebuild. After repair, rework, or reconstruction, if the delivery is overdue, the constructor shall be liable for breach of contract.
Article 802 If the construction project causes personal injury and property loss within the reasonable period of use due to the contractor’s reasons, the contractor shall be liable for compensation.
Liability.
Article 803 If the developer fails to provide raw materials, equipment, venues, funds, and technical information in accordance with the agreed timework
and requirements, the contractor may postpone
The company has the right to request compensation for losses such as work stoppages and lack of work.
Article 804 If the project is suspended or delayed due to the developer’s reasons, the developer shall take measures to make up for or reduce the loss and compensate the contractor.
As a result, losses and actual costs such as work stoppage, idle work, backward transportation, relocation of machinery and equipment, backlog of materials and components, etc., were caused.
Article 805 The prospecting is caused by the change of the plan by the contractor, the inaccurate information provided, or the failure to provide the necessary survey and design working conditions within the time limit.
For the rework, suspension of work or modification of the design for inspection and design, the developer shall pay additional fees in accordance with the actual amount of work consumed by the surveyor and designer.
Article 806 Where the contractor subcontracts or illegally subcontracts the construction project, the developer may terminate the contract.
The main building materials, construction components and equipment provided by the developer do not meet the mandatory standards or fail to perform the obligation of assistance, resulting in the contractor’s inability to construct.
If the corresponding obligations are not fulfilled within a reasonable time after the reminder, the contractor may terminate the contract.
After the contract is terminated, if the quality of the completed construction project is qualified, the developer shall pay the corresponding project price in accordance with the agreement; the quality of the completed construction project
If the quantity is unqualified, it shall be dealt with in accordance with the provisions of Article 793 of this law.
Article 807 If the developer fails to pay the price as agreed, the contractor may urge the developer to pay the price within a reasonable time limit. Employer does not pay overdue
In addition to the fact that the construction project is not suitable for discounting or auctioning according to the nature of the construction project, the contractor may agree with the developer to discount the project, or request the people’s court to comply with the project.
French auction. The price of a construction project shall be compensated with priority in respect of the discounted or auctioned price of the project.
Article 808 If there are no provisions in this chapter, the relevant provisions of the contract shall apply.

Page 61

Chapter XIX Contract of Carriage
Section 1 General Provisions
Article 809 A carriage contract is that the carrier transports the passenger or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare
Or a contract for transportation costs.
Article 810 Carriers engaged in public transportation shall not refuse the usual and reasonable transportation requirements of passengers and shippers.
Article 811 The carrier shall safely transport passengers and cargo to the agreed place within the agreed time limit or within a reasonable time limit.
Article 812 The carrier shall transport passengers and goods to the agreed place according to the agreed or usual transportation route.
Article 813 The passenger, shipper or consignee shall pay the fare or transportation expenses. The carrier does not follow the agreed route or the usual route
If the fare or transportation cost is increased, the passenger, shipper or consignee may refuse to pay the increased fare or transportation cost.

Section 2 Passenger Transport Contract
Article 814 The passenger transport contract shall be established when the carrier issues the passenger ticket to the passenger, unless otherwise agreed by the parties or otherwise used in transactions.
Article 815 Passengers shall ride in accordance with the time, flight number and seat number recorded on the valid ticket. Passengers traveling without a ticket, overtraveling, skipping a class, or
If the passenger holds a discounted ticket that does not meet the conditions of the reduction, the fare shall be paid, and the carrier may collect the farepeople
in accordance
can
with the regulations; if the passenger does not pay the fare, the passenger shall carry
Refuse to transport.
If a passenger under a real-name passenger transport contract loses his ticket, he may request the carrier to report the loss, and the carrier shall not charge the ticket again and other unreasonable expenses.

Article 816: Passengers who are unable to ride at the time stated on the ticket due to their own reasons shall apply for a refund or change of ticket within the agreed time limit.
Continued; if the application is overdue, the carrier may not refund the fare and no longer bear the transportation obligation.
Article 817 Passengers’ carry-on luggage shall meet the agreed limit and category requirements; those who carry luggage in excess of the limit or violate category requirements shall be
When going through the consignment formalities.
Article 818 Passengers are not allowed to carry flammable, explosive, toxic, corrosive, radioactive, or potentially dangerous goods in their luggage.
lose
Dangerous items or prohibited items that are safe for personal and property on the tool.
If the passenger violates the provisions of the preceding paragraph, the carrier may unload, destroy or deliver dangerous or prohibited articles to relevant departments. Passengers insist on carrying or entraining
In case of dangerous goods or prohibited goods, the carrier shall refuse to transport them.
Article 819 The carrier shall strictly perform the obligation of safe transportation and promptly inform passengers of the matters that should be paid attention to in safe transportation. Passenger to carrier
Reasonable arrangements for safe transportation shall be actively assisted and cooperated.
Article 820 The carrier shall transport passengers in accordance with the time, frequency and seat number recorded on the valid ticket. The carrier is delayed in transportation or has other inability
Under normal transportation conditions, passengers shall be informed and reminded in time, necessary resettlement measures shall be taken, and other flights or refunds shall be arranged according to the requirements of passengers;
In the event of passenger losses, the carrier shall be liable for compensation, except for those that are not attributable to the carrier.
Article 821 If the carrier lowers the service standard without authorization, it shall refund the ticket or reduce the fare according to the passenger’s plus
request; if the service standard is raised, it shall not
Collect the ticket payment.
Article 822 During transportation, the carrier shall try its best to rescue passengers suffering from sudden illness, childbirth, or in distress.
Article 823 The carrier shall be liable for compensation for the passenger’s casualties during the transportation; however, the casualties are caused by the passenger’s own health or
Unless the carrier proves that the injury or death was caused by the passenger's deliberate or gross negligence.
The provisions of the preceding paragraph shall apply to passengers without tickets who are exempt from tickets, hold preferential tickets, or travel with the permission of the carrier.
Article 824 If the passenger’s carry-on articles are damaged or lost during transportation, and the carrier is at fault, it shall be liable for compensation.
If the checked luggage of passengers is damaged or lost, the relevant regulations on cargo transportation shall apply.

Section 3 Freight Contract

Page 62

Article 825 When the shipper handles the transportation of goods, it shall accurately indicate to the carrier the name and name of the consignee or the
The name, nature, weight, quantity, receiving place and other necessary information related to cargo transportation.
The shipper shall be liable for compensation if the carrier loses due to the shipper’s false declaration or omission of important information.
Article 826 Where the transportation of goods requires approval, inspection and other formalities, the shipper shall submit the documents for completing the relevant formalities to the carrier.
Article 827 The shipper shall pack the goods in the agreed manner. If there is no agreement on the packaging method or the agreement is not clear, the 600th of this law shall apply.
The provisions of Article 19.
If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to transport.
Article 828 If the shipper consigns dangerous goods such as flammable, explosive, toxic, corrosive, radioactive, etc., it shall be transported in accordance with the relevant national dangerous goods.
According to the regulations, the dangerous goods shall be properly packaged, the dangerous goods marks and labels shall be made, and the written materials concerning the name, nature and preventive measures of the dangerous goods shall be submitted to the contractor
Transport people.
If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to transport or take corresponding measures to avoid loss. The expenses incurred by the shipper shall be paid by the shipper.
burden.
Article 829 Before the carrier delivers the goods to the consignee, the shipper may require the carrier to suspend the transportation, return the goods, change the place of arrival or
The goods are delivered to other consignees, but the carrier shall be compensated for the losses suffered as a result.
Article 830 After the cargo has arrived, if the carrier knows the consignee, it shall notify the consignee in time, and the consignee shall pick up the goods in time. Consignee overdue
When taking delivery, the carrier shall pay storage fees and other expenses.
Article 831 The consignee shall inspect the goods within the agreed time limit when picking up the goods. There is no agreement on the time limit for inspection of the goods or the agreement is not clear, based on
If the provisions of Article 510 of this Law are still uncertain, the goods shall be inspected within a reasonable time limit. The consignee’s quantity of the goods within the agreed time limit or within a reasonable time limit
If there is no objection to the quantity, damage, etc., it shall be deemed as preliminary evidence that the carrier has delivered in accordance with the records in the transport document.
Article 832 The carrier shall be liable for compensation for damage or loss of the goods during transportation. However, the carrier certifies that the damage or loss of the goods was caused by
If it is caused by force majeure, the natural nature of the goods or reasonable wear and tear, and the fault of the shipper or consignee, it shall not be liable for compensation.
Article 833 The amount of compensation for damage to or loss of goods shall be agreed upon by the parties; if there is no agreement or the agreement
this is not clear, the basis shall be
If the provisions of Article 510 of the Law cannot be determined, the calculation shall be based on the market price of the place where the goods arrive when they are delivered or should be delivered. Laws and administrative regulations on the amount of compensation
If the calculation method and the compensation limit are otherwise stipulated, follow those stipulations.
Article 834 Where two or more carriers use the same mode of transportation, the carrier that has concluded a contract with the shipper shall be liable for the entire transportation;
If the loss occurs in a certain section of transportation, the carrier that has entered into the contract with the shipper and the carrier in that section shall be jointly and severally liable.
Article 835 If the goods are lost due to force majeure during transportation and the freight has not been collected, the carrier shall not request payment
of of the freight; the freight has been collected
, The shipper can request a return. If the law provides otherwise, follow those provisions.
Article 836 If the shipper or consignee does not pay the freight, storage fee or other expenses, the carrier shall have a lien on the corresponding transported goods.
However, unless otherwise agreed by the parties.
Article 837 If the consignee is unknown or the consignee refuses to accept the goods without proper reasons, the carrier may deposit the goods in accordance with the law.

Section 4 Multimodal Transport Contract
Article 838 The multimodal transport operator is responsible for performing or organizing the performance of the multimodal transport contract, enjoys the rights of the carrier for the entire transport, and undertakes the transportation
Human obligations.
Article 839 A multimodal transport operator may agree with the carriers participating in each section of the multimodal transport to mutually agree on the transport of each section of the multimodal transport contract.
However, the agreement does not affect the obligations of the multimodal transport operator for the entire transportation.
Article 840 When a multimodal transport operator receives the goods delivered by the shipper, it shall issue a multimodal transport document. According to the shipper’s requirements, multimodal transport
The document can be a negotiable document or a non-negotiable document.
Article 841 Where the multimodal transport operator suffers losses due to the fault of the shipper when consigning the goods, even if the shipper has transferred the multimodal transport documents, the consignment
The shipper should still be liable for compensation.
Article 842 If the damage or loss of goods occurs in a certain section of the multimodal transport, the multimodal transport operator’s liability and limit of liability shall,
The relevant laws and regulations for adjusting the transportation mode of this section shall apply; if the transportation section where the damage or loss of the goods occurs cannot be determined, the liability for compensation shall be borne in accordance with the provisions of this chapter.

Page 63

Chapter 20 Technology Contract
Section 1 General Provisions
Article 834 A technology contract is a contract between the parties to establish mutual rights and obligations for technology development, transfer, licensing, consulting, or services.
contract.
Article 844 The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the advancement of science and technology, and promote the research and development and transfer of scientific and technological achievements.
Chemistry, application and promotion.
Article 845 The content of a technology contract generally includes the name of the project, the content, scope and requirements of the subject matter,
technology
the plan, place and method of performance,
The confidentiality of information and materials, the ownership of technical achievements and the distribution of benefits, acceptance criteria and methods, and explanations of terms and terms.
Technical background materials related to the performance of the contract, feasibility demonstration and technical evaluation reports, project assignments and plans, technical standards, technical specifications, original
Design and process documents, as well as other technical documents, can be part of the contract in accordance with the agreement of the parties.
Where a technology contract involves a patent, it shall indicate the name of the invention-creation, the patent applicant and the patentee, the date of application,
of
the application number, the patent number and the patent right
Validity period.
Article 846 The method of payment for the price, remuneration, or usage fee of a technology contract shall be agreed upon by the parties, and may be a lump sum payment, a lump sum payment or a lump sum payment
Sub-final and instalment payments can also be made in the form of commission payment or commission payment plus prepaid entry fee.
If a commission payment is agreed, it may be based on a certain percentage of the product price, the newly added output value, profit or product sales after the implementation of patents and the use of technical secrets.
It can also be calculated in accordance with other agreed methods. The percentage of commission payment can be a fixed ratio, an increasing ratio year by year, or a decreasing ratio year by year.
Where a commission payment is agreed, the parties may agree on the method for consulting the relevant accounting accounts.
Article 847. Where the right to use or transfer the technical achievements of a job belongs to a legal person or an unincorporated organization, the legal person or unincorporated organization may
Enter into technical contracts for job technical achievements. When a legal person or an unincorporated organization concludes a technology contract to transfer service technology achievements, the person who completes the service technology achievements enjoys the same
The right of priority to be transferred with other conditions.
The technical achievement of the job is to perform the work tasks of a legal person or an unincorporated organization, or is mainly accomplished by using the material and technical conditions of a legal person or an unincorporated organization
Technical achievements.
Article 848 The right to use and transfer of non-service technological achievements belongs to the individual who completes the technological achievement. The individual who completes the technological achievement may
Enter into technical contracts for non-job technical achievements.
Article 849: Individuals who have completed technical achievements shall have the right and honor to state that they are the performers of technical achievements in relevant technical achievements documents
The right to certificates and awards.
Article 850 Technology contracts that illegally monopolize technology or infringe on the technological achievements of others are invalid.

Section 2 Technology Development Contract
Article 851 A technology development contract is a research and development contract between the parties on new technologies, new products, new processes, new varieties or new materials and their systems.
Issue the contract concluded.
Technology development contracts include entrusted development contracts and cooperative development contracts.
The technology development contract shall be in written form.
For contracts concluded between the parties on the transformation of scientific and technological achievements with practical value, the relevant provisions of the applicable technology development contract shall be referred to.
Article 852 The principal of the entrusted development contract shall pay research and development funds and remuneration as agreed upon, provide technical materials, and propose research and development requirements.
Request, complete collaboration items, and accept research and development results.
Article 853 The research and development party under the entrusted development contract shall formulate and implement the research and development plan in accordance with the agreement, reasonably use the research and development funds, and
To complete the research and development work, deliver the research and development results, provide relevant technical information and necessary technical guidance, and help the client master the research and development results.
Article 854 Where a party to an entrusted development contract violates the agreement and causes the stagnation, delay or failure of the research and development work, it shall be liable for breach of contract.

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Article 855 The parties to a cooperative development contract shall invest in accordance with the agreement, including investing in technology, and participating in research and development work in a division of labor.
Cooperate with research and development work.
Article 856 If a party to a cooperative development contract violates the agreement and causes the stagnation, delay or failure of the research and development work, it shall be liable for breach of contract.
Article 857 If the technology that is the subject of a technology development contract has been disclosed by others, which renders the performance of the technology development contract meaningless, the parties may
To terminate the contract.
Article 858 In the process of performing a technology development contract, if an insurmountable technical difficulty occurs that causes the research and development to fail or partially fail, the
The risks shall be agreed by the parties; if there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions
Burden.of Article 510 of this law, the risks shall be reasonably divided by the parties.
When one party discovers the circumstances specified in the preceding paragraph that may cause the failure or partial failure of research and development, it shall promptly notify the other party and take appropriate measures.
Reduce losses; if you fail to notify and take appropriate measures in time, causing the losses to expand, you shall be liable for the expanded losses.
Article 859 The right to apply for a patent for an invention-creation completed through entrusted development shall belong to the research and development unless otherwise provided by law or otherwise agreed by the parties.
Send people. Where the researcher and developer obtains a patent, the client may implement the patent in accordance with the law.
Where the researcher and developer assigns the right to apply for a patent, the client shall have the right of priority to receive the assignment under the same conditions.
Article 860. The right to apply for a patent for an invention-creation completed through cooperative development shall belong to the parties to the cooperative development;
For the right to apply for a patent, the other parties have the right of priority to be transferred on the same conditions. However, unless otherwise agreed by the parties.
If one of the parties to a cooperative development declares to waive its joint patent application right, unless otherwise agreed by the parties, the other party may apply for it alone or by other parties.
All parties apply together. Where the applicant obtains the patent right, the party who waives the right to apply for the patent can exploit the patent for free.
If one of the parties to the cooperative development does not agree to apply for a patent, the other party or other parties may not apply for a patent.
Article 861 The right to use, transfer, and profit distribution methods for the entrusted or cooperatively developed technological secret achievements shall be determined by the parties
Agreement; if there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of thisBefore
law, thewhen
patent right shall be granted without the same technical solution
All parties have the right to use and transfer. However, the research and development person entrusted for development shall not transfer the research and development results before the delivery of the research and development results to the client
To the third person.

Section 3 Technology Transfer Contract and Technology Licensing Contract
Article 862 A technology transfer contract is a right holder who legally owns the technology, and transfers the relevant rights of existing specific patents, patent applications, and technical secrets.
Contracts with others.
A technology licensing contract is a contract between the right holder who legally owns the technology and licenses the relevant rights of existing specific patents and technology secrets to others to implement and use.
with.
The agreement concerning the provision of special equipment and raw materials for the implementation of the technology or the provision of relevant technical consultation and technical services in the technology transfer contract and technology licensing contract
It is an integral part of the contract.
Article 863 Technology transfer contracts include contracts for the transfer of patent rights, the transfer of patent application rights, and the transfer of technological secrets.
Technology licensing contracts include contracts for patent implementation licenses and technology secret use licenses.
Technology transfer contracts and technology licensing contracts should be in written form.
Article 864 The technology transfer contract and the technology licensing contract may stipulate the scope of the exploitation of the patent or the use of technological secrets, but shall not restrict the scope of the technology.
Competition and technological development.
Article 865 A patent exploitation license contract is only valid during the duration of the patent right. The validity period of the patent right expires or the patent right is declared without
If it is valid, the patentee shall not enter into a patent exploitation license contract with others for the patent.
Article 866 The licensor of a patent exploitation license contract shall, in accordance with the agreement, permit the licensee to exploit the patent and deliver the technical assets related to the patent exploitation.
Provide necessary technical guidance.
Article 867 The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not permit a third party other than the agreement to exploit the patent.
And pay the usage fee in accordance with the agreement.
Article 868 The assignor of the technology secret transfer contract and the licensor of the technology secret use license contract shall provide technical materials in accordance with the agreement and enter
Provide technical guidance, ensure the practicability and reliability of the technology, and assume the obligation of confidentiality.

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The confidentiality obligations stipulated in the preceding paragraph do not restrict the licensor from applying for patents, unless otherwise agreed by the parties.
Article 869 The assignee of the technology secret transfer contract and the licensee of the technology secret license contract shall use the technology in accordance with the agreement and pay
The transfer fee and usage fee shall be kept confidential.
Article 870 The assignor of the technology transfer contract and the licensor of the technology licensing contract shall ensure that he is the legal owner of the technology provided, and
Ensure that the technology provided is complete, correct, and effective, and can achieve the agreed goals.
Article 871 The transferee of the technology transfer contract and the licensee of the technology licensing contract shall, in accordance with the agreed scope and time limit, provide
The secret part of the technology provided by the person shall be kept confidential.
Article 872 If the licensor fails to license the technology in accordance with the agreement, it shall return part or all of the usage fee and shall bear Profit
the responsibility for breach of contract;
Or if the use of technical secrets exceeds the agreed scope, in violation of the contract, unauthorized third parties are permitted to exploit the patent or use the technical secrets, the breach of contract shall cease
Acts, bear the responsibility for breach of contract; if it violates the agreed confidentiality obligation, it shall bear the responsibility for breach of contract.
The transferor shall be liable for breach of contract, with reference to the provisions of the preceding paragraph.
Article 873 If the licensee fails to pay the usage fee in accordance with the agreement, it shall pay the usage fee and pay the liquidated damages in accordance with the agreement; the licensee shall not pay the usage fee or
Anyone who pays liquidated damages shall stop the exploitation of the patent or the use of technical secrets, return the technical materials, and bear the
Beyond
liability
the for
contract
breach of contract; implement the patent or use the technical secrets
If a third party is permitted to exploit the patent or use the technical secret within the specified scope without the consent of the licensor, the breach of contract shall be stopped and the liability for breach of contract shall be borne;
Those who contravene the agreed confidentiality obligation shall be liable for breach of contract.
The assignee shall bear the responsibility for breach of contract, and the provisions of the preceding paragraph shall apply by reference.
Article 874 Where the assignee or the licensee infringes upon the lawful rights and interests of others by exploiting the patent or using technological secrets in accordance with the agreement, the assignor or license
The person shall be liable, unless otherwise agreed by the parties.
Article 875 The parties may, in accordance with the principle of mutual benefit, agree in the contract to implement patents and use technical secrets to share the technical results of subsequent improvements.
Method; if there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this law,
Fang
theWuquan
subsequent improvement of the technical results of one party, other
share it.
Article 876 The transfer and licensing of exclusive rights to layout designs of integrated circuits, new plant varieties rights, computer software copyrights, and other intellectual property rights,
Refer to the relevant provisions of this section.
Article 877 Where laws and administrative regulations provide otherwise for technology import and export contracts or patents or patent application contracts, those provisions shall be followed.

Section 4 Technical Consulting Contract and Technical Service Contract
Article 878 A technical consultation contract is a process where one party uses technical knowledge to provide the other party with feasibility demonstrations, technical forecasts, and expertise on specific technical projects.
Technical survey, analysis and evaluation report, etc.
A technical service contract is a contract concluded by one of the parties to solve specific technical problems for the other party with technical knowledge, and does not include contracting contracts and construction project contracts.
Article 879 The client of a technical consulting contract shall clarify the consulting issues in accordance with the agreement, provide technical background materials and related technical materials, and accept
The trustee’s work results will be paid.
Article 880 The trustee of the technical consulting contract shall complete the consulting report or answer the questions within the agreed time limit, and the submitted consulting report shall reach
To the agreed requirements.
Article 881 The client of the technical consulting contract fails to provide the necessary materials in accordance with the agreement, which affects the progress and quality of the work, and does not accept it or accepts it after the deadline
For work results, the paid remuneration shall not be recovered, and the unpaid remuneration shall be paid.
If the trustee of the technical consulting contract fails to submit the consulting report on time or the consulting report submitted does not comply with the agreement, it shall bear the responsibility of reducing or exempting remuneration, etc.
Contract responsibility.
The principal of the technical consulting contract shall bear the losses caused by the decision made by the principal in accordance with the entrusted’s consulting report and opinions in accordance with the agreed requirements, but shall be borne by the principal.
Unless otherwise agreed by the parties.
Article 882 The client of a technical service contract shall provide working conditions as agreed upon, complete cooperation items, accept work results and pay remuneration.
Article 883 The trustee of a technical service contract shall complete the service project in accordance with the agreement, solve technical problems, ensure the quality of work, and teach solutions
Knowledge of technical issues.

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Article 884 The client of a technical service contract fails to perform the contractual obligations or does not comply with the contract in performing the contractual obligations, which affects the progress and quality of the work.
If the work results are accepted or overdue, the paid remuneration shall not be recovered, and the unpaid remuneration shall be paid.
If the trustee of the technical service contract fails to complete the service work in accordance with the agreement, it shall be liable for breach of contract such as exemption of remuneration.
Article 885 During the performance of the technical consulting contract and technical service contract, the trustee uses the technical materials and working conditions provided by the client to complete
The new technological achievements belong to the trustee. The new technical achievement completed by the trustee using the work result of the trustee
,according
belongs to the trustor. Otherwise agreed by the parties
Its agreement.
Article 886 The technical consultation contract and the technical service contract do not stipulate or the stipulation is not clear about the burden of the trustee’s expenses for the normal work
, Shall be borne by the trustee.
Article 887 Where laws and administrative regulations provide otherwise for technical intermediary contracts and technical training contracts, follow those provisions.

Chapter 21 Custody Contract
Article 888 A safekeeping contract is a contract for the safekeeping party to keep the safekeeping items delivered by the safekeeping party and return the items.
Where the depositor goes to the custodian to engage in shopping, dining, lodging and other activities, and stores the items in a designated place, it shall
another
be regarded as safekeeping, but the parties have agreed otherwise or
Except for those with trading habits.
Article 889 The depositor shall pay the depository fee to the depository in accordance with the contract.
If the parties have not agreed on the storage fee or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 510 of this law, it shall be deemed to be free storage.
Article 890 The custody contract shall be established when the custody is delivered, unless otherwise agreed by the parties.
Article 891 Where the depositor delivers the deposit to the depository, the depository shall issue a custody certificate, unless there are other trading practices.
Article 892 The safekeeping party shall properly keep the safekeeping items.
The parties may agree on the place or method of storage. Except in emergencies or to protect the interests of the depositor, the storage place or method shall not be changed without authorization.
Article 893 Where the deposit delivered by the depositor is defective or requires special custody measures according to the nature of the deposit, the depositor shall
Inform the custodian of the relevant situation. If the depositor fails to inform and causes damage to the deposit, the depository shall not be liable forPeople
compensation;
know if the depository suffers losses due to this, the depository shall not
Or the depositor shall be liable for compensation unless it should be known and has not taken remedial measures.
Article 894 The safekeeping party may not transfer the safekeeping property to a third party for safekeeping, unless the parties agree otherwise.
If the safekeeping party violates the provisions of the preceding paragraph and transfers the safekeeping property to a third party for safekeeping, causing losses to the safekeeping property, it shall be liable for compensation.
Article 895 The safekeeping party shall not use or permit a third party to use the safekeeping property, unless otherwise agreed by the parties.
Article 896: Where a third party claims a right to the deposit, in addition to taking preservation or enforcement measures against the deposit in accordance with the law, the depository shall perform the
The obligation of the person to return the custody.
Where a third party brings a lawsuit against the depository or applies for seizure of the deposit, the depository shall promptly notify the depositor.
Article 897 During the safekeeping period, if the safekeeping property is damaged or lost due to improper safekeeping by the safekeeping party, the safekeeping party shall be liable for compensation. However, free of charge
The custodian shall not be liable for compensation if he proves that he did not intentionally or grossly neglied.
Article 898 Where a depositor deposits currency, securities or other valuables, it shall declare to the depository, and the depositary shall accept or seal it up;
If the depositor fails to declare, the depositor may compensate for the normal items after the item is damaged or lost.
Article 899 The depositor may receive the deposit at any time.
If the parties have not agreed on the storage period or the agreement is not clear, the custodian may request the depositor to receive the deposit at any time; if the storage period is agreed, the custodian
Without special reasons, the depositor shall not be requested to receive the deposit in advance.
Article 900 If the storage period expires or the depositor receives the deposit in advance, the depository shall return the original and its fruits to the depositor.
Article 901 If the custodian keeps the currency, it may return the same type and quantity of currency; if it keeps other alternatives, it may return it in
phase
accordance with the agreement
Items of the same kind, quality, and quantity.

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Article 902 In a paid safekeeping contract, the depositor shall pay the safekeeping fee to the safekeeping person within the agreed time limit.
If the parties have not agreed on the time limit for payment or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, they shall be notified at the same time when the deposit is received.
Pay at the time.
Article 903 If the depositor fails to pay the storage fee or other expenses in accordance with the agreement, the depository shall have a lien on the deposit, but the parties have agreed otherwise
Except for.

Chapter 22 Warehousing Contract
Article 904 A warehousing contract is a contract whereby the custodian stores the warehousing delivered by the depositor and the depositor pays the storage fee.
Article 905 The warehousing contract shall be established when the custodian and the depositor agree.
Article 906 Where flammable, explosive, toxic, corrosive, radioactive and other dangerous goods or perishable goods are stored, the stockholder shall
articleexplain the
Provide relevant information.
If the inventory holder violates the provisions of the preceding paragraph, the custodian may refuse to accept the goods, and may also take corresponding measures to avoid the occurrence of losses. Therefore, the expenses incurred shall be borne by the inventory.
People burden.
Where the custodian stores flammable, explosive, toxic, corrosive, radioactive and other dangerous items, it shall have corresponding storage conditions.
Article 907 The safekeeping party shall check and accept the warehousing goods in accordance with the agreement. When the custodian finds that the warehousing does not conform to the agreement during the inspection, it shall
Notify the stockholder in time. After the custodian checks and accepts, if the type, quantity, and quality of the warehousing goods do not conform to the agreement, the custodian shall be liable for compensation.
Article 908 Where the depositor delivers the warehousing goods, the custodian shall issue proofs such as warehouse receipts and warehousing receipts.
Article 909 The custodian shall sign or seal the warehouse receipt. The warehouse receipt includes the following items:
(1) The name or title and domicile of the inventor;
(2) Variety, quantity, quality, packaging, number of pieces and marking of the warehousing goods;
(3) Standards for the loss of warehousing goods;
(4) Storage place;
(5) Storage period;
(6) Storage fees;
(7) If the warehousing has been insured, the amount and period of insurance and the name of the insurer;
(8) Issuer, place and date of issue.
Article 910 The warehouse receipt is the certificate for withdrawing the warehousing goods. Where the depositor or the holder of the warehouse receipt endorses the warehouse receipt and is signed or stamped by the custodian, it may
To transfer the right to withdraw the warehousing.
Article 911 According to the requirements of the depositor or the holder of the warehouse receipt, the custodian shall agree to inspect the warehousing or take samples.
Article 912 If the custodian finds that the warehousing goods are deteriorated or otherwise damaged, it shall promptly notify the depositor or the holder of the warehouse receipt.
Article 913 If the custodian finds that the warehousing goods in the warehouse have deteriorated or otherwise damaged, which endangers the safety and normal storage of other warehousing goods, they shall urge them to keep them.
The cargo owner or the holder of the warehouse receipt shall make necessary disposals. Due to the emergency, the custodian may make necessary disposals;
Know inventory
however, the situation shall be communicated promptly afterwards.
Person or warrant holder.
Article 914 If the parties have not agreed on the storage period or the agreement is not clear, the depositor or the holder of the warehouse receipt may withdraw the warehousing goods at any time and guarantee
The custodian may also request the depositor or warehouse receipt holder to withdraw the warehousing goods at any time, but the necessary preparation time shall be given.
Article 915 At the expiration of the storage period, the depositor or the holder of the warehouse receipt shall take out the warehousing goods against the warehouse receipt, warehouse receipt, etc. Stockholder or warehouse receipt holding
If the person withdraws over the time limit, a storage fee shall be added; if it is withdrawn in advance, the storage fee shall not be reduced.
Article 916 If the storage period expires and the depositor or the holder of the warehouse receipt does not take delivery of the warehousing goods, the custodian may urge them to take delivery within a reasonable time limit;
If it is not withdrawn within the time limit, the custodian may withdraw the warehousing goods.

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Article 917 During the storage period, if the stored goods are damaged or lost due to improper storage, the safekeeping party shall be liable for compensation. Because of the self-sufficiency of the storage
However, if the nature and packaging do not conform to the agreement or the storage period expires, the storage material is deteriorated or damaged, the custodian shall not be liable for compensation.
Article 918 If there are no provisions in this chapter, the relevant provisions of the custody contract shall apply.

Chapter 23 Entrustment Contract
Article 919 A ​commission contract is a contract between the principal and the trustee that the trustee shall handle the affairs of the principal.
Article 920 The client may specifically entrust the trustee to handle one or several matters, or may entrust the trustee to handle all matters in general.
Article 921 The client shall prepay the fees for handling the entrusted affairs. Necessary expenses paid by the trustee for handling the entrusted affairs shall be repaid by the trustee
The fee and interest are paid.
Article 922 The trustee shall handle the entrusted affairs according to the instructions of the principal. If the client’s instructions need to be changed, the client’s consent shall be obtained;
If the situation is urgent and it is difficult to get in touch with the client, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
Article 923 The trustee shall handle the entrusted affairs in person. With the consent of the client, the trustee can delegate. Where the delegation is approved or ratified,
The principal may directly instruct the third party to be delegated with regard to the entrusted affairs, and the trustee shall only be responsible for the selection and appointment of the third party and the instructions to the third party. Unsubscribed
In the event of consent or ratification, the trustee shall be liable for the actions of the third party who has been delegated; however, in an emergency, the
Benefit
trusteeneeds
shall protect the interests of the principal.
Except for the entrustment of a third party.
Article 924 The trustee shall report the handling of the entrusted affairs according to the request of the principal. When the entrustment contract is terminated, the trustee shall report to the commission
The result of the trust transaction.
Article 925. A contract concluded by the trustee with a third party in its own name and within the scope of authorization of the trustor. The third party knows that the contract will be accepted when the contract is concluded.
For the agency relationship between the trustee and the principal, the contract directly binds the principal and the third party; however, there is definiteThird
evidence
person
that the contract only binds the trustee and the third party.
Except for.
Article 926 When the trustee enters into a contract with a third party in its own name, if the third party does not know the agency relationship between the trustee and the principal, the trustee
If the trustee fails to perform its obligations to the client due to a third party, the trustee shall disclose the third party to the client, so the client can exercise the trustee’s rights to the third party
Profit. However, the third party and the trustee would not conclude the contract if they knew the trustee when the contract was concluded.
If the trustee fails to perform its obligations to the third party due to the principal’s reasons, the trustee shall disclose the principal to the third party, and the third party can therefore choose the trustee or appoint
The trustee claims its rights as a counterparty, but the third party may not change the selected counterparty.
Where the client exercises the rights of the trustee against a third party, the third party may claim to the client its defense against the trustee. The third party selects the client as its counterpart
For persons, the client may claim its defense against the trustee and the trustee's defense against the third party to the third party.
Article 927 The property obtained by the trustee in handling the entrusted affairs shall be transferred to the trustor.
Article 928 When the trustee completes the entrusted affairs, the trustee shall pay remuneration to him in accordance with the contract.
For reasons that are not attributable to the trustee, if the commission contract is terminated or the commissioned affairs cannot be completed, the trustee shall pay the trustee corresponding remuneration. At issue
If the other person agrees otherwise, follow the agreement.
Article 929 In a paid commission contract, if the principal suffers losses due to the fault of the trustee, the principal may request compensation for the losses. Free commission
At the same time, if the trustee's intention or gross negligence causes losses to the principal, the principal may request compensation for the losses.
If the trustee exceeds its authority and causes losses to the principal, it shall compensate for the losses.
Article 930 Where the trustee suffers losses due to reasons that are not attributable to him when handling the entrusted affairs, he may request compensation from the principal for the losses.
Article 931 With the consent of the trustee, the trustor may entrust a third party other than the trustee to handle the entrusted affairs. As a result, if the trustee suffers losses, the
The trustee may request compensation from the trustee for damages.
Article 932 Where two or more trustees handle the entrusted affairs jointly, they shall bear joint and several liability to the principal.
Article 933 The principal or the trustee may terminate the entrustment contract at any time. If the other party suffers losses due to the rescission of the contract, unless it is not attributable to the party
In addition to the reasons, the dissolving party of the gratuitous entrustment contract shall compensate the direct losses caused by the improper termination time, and the dissolving party of the paid entrustment contract shall compensate the other party’s direct losses.
Receive the losses and the benefits that can be obtained after the performance of the contract.

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Article 934 If the client dies or terminates, or the trustee dies, loses capacity for civil conduct, or terminates, the entrustment contract shall be terminated; however, the parties shall be different.
Except if there is an agreement or it is inappropriate to terminate according to the nature of the entrusted affairs.
Article 935 If the termination of the entrustment contract will damage the interests of the principal due to the death of the client or the declaration of bankruptcy or dissolution, the client’s inheritance
Before the person, estate administrator or liquidator accepts the entrusted affairs, the trustee shall continue to handle the entrusted affairs.
Article 936 If the entrustment contract is terminated due to the death, incapacity of civil conduct, or bankruptcy or dissolution of the trustee, the trustee’s succession
The person, estate administrator, legal representative or liquidator shall promptly notify the client. If the termination of the entrustment contract will harm the interests of the client, the client shall make corrections
Before handling, the heir, estate administrator, legal representative or liquidator of the trustee shall take necessary measures.

Chapter 24 Property Service Contract
Article 937 The real estate service contract is that the real estate service person provides the owner with the maintenance, maintenance, and maintenance of the building and its ancillary facilities in the real estate service area.
The contract for property services such as the management and maintenance of environmental sanitation and related order, the owner pays the property fee.
Property service providers include property service companies and other managers.
Article 938 The content of a real estate service contract generally includes service matters, service quality, service fee standards and collection methods, and the use of maintenance funds.
Terms of use, management and use of service rooms, service period, service handover, etc.
The service promises made publicly by the property service provider to benefit the owner are an integral part of the property service contract.
The property service contract shall be in written form.
Article 939: The preliminary property service contract entered into by the construction unit and the property service provider in accordance with the law, as well as those selected by the owners’ committee and the owners’ meeting in accordance with the law.
The property service contract concluded by the property service provider is legally binding on the owner.
Article 940 Before the expiry of the service period stipulated in the preliminary property service contract between the construction unit and the property service provider, the owners’ committee or the
If the property service contract entered into between the principal and the new property service provider becomes effective, the previous property service contract shall be terminated.
Article 941 Where a real estate service person entrusts some special service items in the real estate service area to professional service organizations or other third parties,
Should be responsible to the owner for this part of the special services.
The real estate service provider shall not delegate all the real estate services that it should provide to a third party, or delegate all real estate services to a third party after the disbursement.
Article 942 The real estate service provider shall properly maintain, maintain, clean, green and manage real estate services in accordance with the agreement and the nature of the use of the property.
The owners in the area share parts, maintain the basic order in the real estate service area, and take reasonable measures to protect the owner’s personal and property safety.
Regarding violations of laws and regulations related to public security, environmental protection, and fire protection in the property service area, the property service provider shall promptly take reasonable measures to stop and report to relevant parties.
The administrative department reports and assists in processing.
Article 943 The real estate service provider shall regularly report the service matters, responsible personnel, quality requirements, charging items, To
charging standards, and performance status.
The use of maintenance funds, the operation and income of the owners’ common parts, etc. shall be disclosed to the owners in a reasonable manner and reported to the owners’ meeting and the owners’ committee.
Article 944 The owner shall pay the property service provider to the property service provider in accordance with the contract. The property service provider has provided services in accordance with the agreement and relevant regulations
, The owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider can urge him to pay within a reasonable time limit; if the reasonable time limit expires, the property service provider may not pay the property fee.
The servant can file a lawsuit or apply for arbitration.
The real estate service person shall not urge the payment of real estate fees by stopping power supply, water supply, heating, gas supply, etc.
Article 945 When decorating and renovating the house, the owner shall inform the realty service person in advance, observe the reasonable precautions prompted by the real estate service person, and cooperate with
It conducts the necessary on-site inspections.
If the owner transfers or leases the exclusive part of the property, establishes the right of residence, or changes the shared part of the use in accordance with the law, he shall promptly inform the property service provider of the relevant information.
Article 946 If the owners jointly decide to dismiss the real estate service provider in accordance with legal procedures, they may terminate the real estate service contract. The decision to dismiss should be made in advance
The property service person shall be notified in writing on the 60th day, unless the contract stipulates otherwise in the notice period.
If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the real estate service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

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Article 947 Before the expiration of the real estate service period, if the owners jointly decide to renew their employment in accordance with the law, they shall renew the contract with the original real estate service provider before the expiration of the contract period.
Industry service contract.
Before the expiration of the real estate service period, if the real estate service provider does not agree to renew the employment, the owner or the owners’ committee shall be notified in writing 90 days before the expiration of the contract period, but
Unless the contract stipulates otherwise on the notice period.
Article 948 After the expiration of the real estate service period, the owner does not make a decision to renew or hire another real estate service provider according to law, and the real estate service provider continues to provide
For property services, the original property service contract continues to be valid, but the service period is irregular.
The parties can terminate the irregular property service contract at any time, but they should notify the other party in writing 60 days in advance.
Article 949 When the real estate service contract is terminated, the original real estate service provider shall exit the real estate service area within the agreed or reasonable period, and remove the property
The service room, related facilities, relevant materials necessary for property services, etc. are returned to the owners’ committee, the owner who decides
Hexinwu
to manage it on its own, or the person designated by it, with
The service person of the industry shall do a good job in the handover and truthfully inform the use and management status of the property.
If the original real estate service person violates the provisions of the preceding paragraph, he shall not request the owner to pay the property fee after the termination of the real estate service contract; if the owner suffers losses, he shall compensate for the losses.
Lost.
Article 950 After the termination of the real estate service contract, the new real estate service person selected by the owners or the owners’ meeting or the owner who decides to manage it on its own will take over it.
Previously, the original real estate service provider should continue to deal with real estate service matters, and may request the owner to pay the real estate fee during the period.

Chapter 25 Brokerage Contract
Article 951 A broker-dealer contract is a contract in which the broker-broker engages in trading activities for the client in his own name, and the client pays remuneration.
Article 952 The expenses incurred by the broker for handling entrusted affairs shall be borne by the broker, unless otherwise agreed by the parties.
Article 953 Where the broker possesses the entrusted item, it shall properly keep the entrusted item.
Article 954 Where the entrusted property is defective or perishable or deteriorated when it is delivered to the broker, the broker may dispose of the Do
property
not with the consent of the client;
If the client can get in touch with the client in time, the broker may punish it reasonably.
Article 955 Where the broker sells at a price lower than the price specified by the principal or buys at a price higher than the price specified by the principal, it shall obtain the consent of the principal;
If the client agrees that the broker compensates the difference, the transaction shall be effective for the client.
If the broker sells at a price higher than the price specified by the principal or buys at a price lower than the price specified by the principal, the remuneration may be increased in accordance with the agreement; there is no agreement or agreement
If it is unclear and cannot be determined in accordance with the provisions of Article 510 of this law, the interest belongs to the client.
If the principal has a special instruction on the price, the broker may not sell or buy in violation of the instruction.
Article 956 When the broker sells or buys commodities with market price, unless the principal expresses the opposite intention, the broker may act as
Buyer or seller.
If the broker is under the circumstances specified in the preceding paragraph, he may still request the principal to pay remuneration.
Article 957 When the broker buys the consignment in accordance with the agreement, the client shall accept it in time. After being urged by the broker, the client refuses to accept without justified reasons
In case, the broker may deposit the entrusted property in accordance with the law.
If the entrusted item cannot be sold or the principal withdraws the sale, and the agent does not retrieve or dispose of the item upon the request of the broker, the broker may deposit the entrusted item in accordance with the law
Things.
Article 958 Where the broker-trader concludes a contract with a third party, the broker-trader directly enjoys rights and assumes obligations to the contract.
If the third party fails to perform its obligations and causes damage to the client, the broker shall be liable for compensation, unless otherwise agreed upon by the broker and the client.
Article 959 Where the broker completes or partially completes the entrusted affairs, the principal shall pay him corresponding remuneration. The client fails to pay remuneration overdue
If the broker has a lien on the entrusted property, unless otherwise agreed by the parties.
Article 960 If there are no provisions in this chapter, the relevant provisions of the entrustment contract shall be referred to.

Chapter 26 Intermediary Contract

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Article 961 An intermediary contract is an intermediary who reports to the client an opportunity to conclude a contract or provides media services for the conclusion of the contract. The client pays for the report.
Remuneration contract.
Article 962 The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.
Where intermediaries deliberately conceal important facts related to the conclusion of the contract or provide false information, which harms the interests of the principal, they shall not request payment of remuneration and shall bear
Liability.
Article 963 Where the intermediary facilitates the establishment of a contract, the client shall pay remuneration in accordance with the agreement. There is no agreement on the remuneration of the intermediary or the agreement is unknown
Indeed, if it is still not possible to determine according to the provisions of Article 510 of this law, it shall be reasonably determined according to the labor service of the intermediary. Facilitated by the provision of contractual media services by the intermediary
If a contract is established, the parties to the contract shall equally bear the remuneration of the intermediary.
If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.
Article 964 If the intermediary fails to facilitate the establishment of the contract, it shall not request payment of remuneration; however, it may request the principal to pay for the intermediary activities as agreed.
Necessary expenses for mobile expenditures.
Article 965 After accepting the services of the intermediary, the principal shall use the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly enter into a contract
In the event of a contract, remuneration shall be paid to the intermediary.
Article 966 If there are no provisions in this chapter, the relevant provisions of the entrustment contract shall be referred to.

Chapter 27 Partnership Contract
Article 967 A partnership contract is an agreement concluded by two or more partners for the purpose of common business to share benefits and risks.
Article 968 The partners shall perform their capital contribution obligations in accordance with the agreed method, amount and payment time limit.
Article 969 The capital contributions of the partners, the proceeds obtained in accordance with the law, and other properties of the partnership shall belong to the property of the partnership.
Before the termination of the partnership contract, the partners shall not request the division of partnership property.
Article 970 Where a partner makes a decision on partnership affairs, unless otherwise stipulated in the partnership contract, the unanimous consent of all partners shall be obtained.
Partnership affairs are jointly executed by all partners. According to the agreement of the partnership contract or the decision of all partners, one or several partners may be entrusted to execute
Partnership affairs; other partners no longer execute partnership affairs, but have the right to supervise the execution.
Where the partners execute partnership affairs separately, the executive affairs partner may raise objections to the affairs performed by other partners; after raising objections, the other partners shall
When the execution of the transaction is suspended.
Article 971 A partner shall not request payment of remuneration for the execution of partnership affairs, unless otherwise stipulated in the partnership contract.
Article 972 The profit distribution and loss sharing of the partnership shall be handled in accordance with the agreement in the partnership contract; if the partnership contract is not agreed or the agreement is unclear,
It is decided by the partners through negotiation; if the negotiation fails, the partners shall distribute and share in proportion to the actual capital contribution;
Distribution
if the proportion of capital contribution cannot be determined, the partners shall divide equally
Burden.
Article 973 Partners shall be jointly and severally liable for partnership debts. Partners who have paid off their partnership debts in excess of their share shall have the right to
The group recovers.
Article 974 Unless otherwise stipulated in the partnership contract, if a partner transfers all or part of his property shares to a person other than the partner, he must go through other cooperation agreements.
The group agreed.
Article 975 The creditors of a partner shall not subrogate the rights that the partner enjoys in accordance with the provisions of this chapter and the partnership contract, but the partners enjoy
Except for the right to claim for benefit distribution.
Article 976 If the partners have not agreed on the partnership period or the agreement is not clear, and the agreement cannot be determined in accordance with the provisions of Article 510 of this law, it shall be deemed
Unscheduled partnership.
When the partnership period expires, the partners continue to execute the partnership affairs, and the other partners do not raise objections, the original partnership contract continues to be valid, but the partnership period is not
regular.
A partner may terminate an irregular partnership contract at any time, but it shall notify the other partners before a reasonable period of time.

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Article 978: If a partner dies, loses capacity for civil conduct, or terminates, the partnership contract shall be terminated; however, the partnership contract has other stipulations or basis
Except where the nature of the partnership is not suitable for termination.
Article 978 After the termination of the partnership contract, if the partnership property has surplus after paying the expenses incurred by the termination and repaying the partnership debts, this law shall apply
The provisions of Article 972 are allocated.

Part III Standard Contract
Chapter 28 No Cause Management
Article 979 Where the administrator does not have statutory or agreed obligations and manages the affairs of others in order to avoid losses in the interests of others, he may request the beneficiary
Repay the necessary expenses incurred due to management affairs; if the manager suffers losses due to management affairs, he may request the beneficiary to give appropriate compensation.
If the management affairs do not conform to the true intention of the beneficiary, the administrator does not enjoy the rights prescribed in the preceding paragraph; however, the true intention of the beneficiary violates the law or violates the law.
Except for the orderly and vulgar ones.
Article 980. If the management affairs of the administrator do not fall under the circumstances stipulated in the preceding article, but the beneficiary enjoys management benefits, the beneficiary shall
Within the scope, the administrator shall undertake the obligations stipulated in the first paragraph of the preceding article.
Article 1981 The administrator shall adopt methods that are beneficial to the beneficiaries in managing the affairs of others. If the interruption of management is detrimental to the beneficiary, no
Have to be interrupted.
Article 982 If the administrator manages the affairs of others and can notify the beneficiary, it shall notify the beneficiary in a timely manner. Management affairs that do not require urgent processing
, Should wait for the beneficiary's instructions.
Article 983 After the management is over, the administrator shall report the management affairs to the beneficiary. The property acquired by the administrator for management affairs shall be timely
Transfer to the beneficiary.
Article 984 If the manager’s management affairs are ratified by the beneficiary afterwards, the relevant provisions of the entrustment contract shall apply from the beginning of the management affairs, but the management
Unless otherwise indicated by the manager.

Chapter 29 Unjust Enrichment
Article 985 If the gainer has no legal basis to obtain improper benefits, the person who suffers the loss may request the gainer to return the gains, but the following
Except for one of the circumstances:
(1) Payments for fulfilling moral obligations;
(2) Repayment of debts before maturity;
(3) Debt settlement that knowsly has no obligation to pay.
Article 986: If the profit-seeking person does not know and should not know that the obtained benefit has no legal basis, and the obtained benefit no longer exists, he shall not be liable for the return of the benefit.
Obligation to benefit.
Article 987: If the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers the loss may request the gainer to return his gains.
Compensation for losses in accordance with the law.
Article 988: Where the gainer has transferred the obtained benefits to a third party free of charge, the person who has suffered the loss may request the third party to bear the burden within the corresponding scope.
Obligation to return.

Part IV Personality Rights
Chapter 1 General Provisions
Article 989: This chapter adjusts the civil relationship arising from the enjoyment and protection of personality rights.

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Article 990: Personality rights are rights to life, body, health, name, name, portrait, reputation and honor enjoyed by civil subjects
Rights, privacy rights and other rights.
In addition to the personality rights specified in the preceding paragraph, natural persons enjoy other personality rights and interests arising from personal freedom and personal dignity.
Article 191 The personality rights of civil subjects are protected by law, and no organization or individual may infringe upon it.
Article 992 The right of personality shall not be waived, transferred or inherited.
Article 993: Civil entities may permit others to use their names, titles, portraits, etc., but they may not be used in accordance with the law or according to their nature.
Except with permission.
Article 994: Where the name, portrait, reputation, honor, privacy, remains, etc. of the deceased have been violated, their spouse, children, and Seeking
parents have
behavior
the right to request in accordance with the law.
If the deceased has no spouse or children and the parents have died, other close relatives have the right to request the perpetrator to bear civil liability in accordance with the law.
Article 995: Where the right of personality is violated, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this law and other laws. Victim's
The right to stop infringement, remove obstacles, eliminate danger, eliminate influence, restore reputation, and request an apology, does not apply to the statute of limitations.
Article 996: If a party’s breach of contract damages the other’s personality rights and causes serious mental damage, the aggrieved party chooses to request it to bear the breach
Liability does not affect the injured party’s request for compensation for mental damage.
Article 997: Civil entities have evidence to prove that the perpetrator is committing or is about to commit an illegal act that infringes on their personality rights. Failure to stop them in time will cause
If their lawful rights and interests are irreparably damaged, they have the right to apply to the people’s court for measures to order the perpetrator to stop the relevant act.
Article 998: In determining that the perpetrator bears civil responsibility for infringement of the rights of personality other than the rights to life, body and health, the perpetrator and the victim shall be considered.
The victim’s occupation, scope of influence, degree of fault, and the purpose, method, and consequences of the behavior.
Article 999: The names, names, portraits, and portraits of civil subjects may be used reasonably in the conduct of news reports, public opinion supervision,
personal etc. for the public interest.
Information, etc.; if the use unreasonably infringes the personality rights of the civil subject, the civil liability shall be borne in accordance with the law.
Article 1,000: Where the perpetrator bears civil liabilities such as eliminating the impact, restoring reputation, or apologizing for infringement of the right of personality, it shall be related to the specific method and cause of the behavior.
The scope of influence is comparable.
If the perpetrator refuses to bear the civil liability specified in the preceding paragraph, the people’s court may publish an announcement in the newspapers, the Internet, and other media or publish an effective judgment document
The costs incurred shall be borne by the perpetrator.
Article 101 Regarding the protection of natural persons’ identity rights arising from marriage and family relations, etc., the first and fifth chapters of this law and other relevant laws shall apply.
Provisions; if there is no provision, the relevant provisions on the protection of personality rights in this chapter can be referred to and applied according to their nature.

Chapter II The Right to Life, Body and Health
Article 102 Natural persons have the right to life. The life safety and dignity of natural persons are protected by law. No organization or individual may infringe upon others
Right to life.
Article 103: Natural persons have the right to body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon others
Body right.
Article 104: Natural persons enjoy the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe on the health rights of others.
Article 105 Organizations that are obliged to provide statutory relief where the rights of life, body, and health of natural persons have been infringed or are in other distress situations
Or the individual should be rescued in time.
Article 106: A person with full capacity for civil conduct has the right to independently decide in accordance with the law to donate his or her human cells, tissues, organs, and remains free of charge. Any group
Organizations or individuals shall not force, deceive or induce donations.
Where a person with full capacity for civil conduct agrees to donate in accordance with the provisions of the preceding paragraph, it shall be in written form or may make a will.
If the natural person does not express his disapproval to donate before his life, his spouse, adult children, and parents may jointly decide to donate after
use the death of the natural person, and the decision to donate shall be adopted.
Writing.
Article 107 It is prohibited to buy or sell human cells, human tissues, human organs, and remains in any form.
Sales and purchases that violate the provisions of the preceding paragraph are invalid.

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Article 108 If it is necessary to conduct clinical trials in order to develop new drugs, medical devices, or develop new prevention and treatment methods, it shall be approved by the relevant supervisors in accordance with the law.
Approved by the department and reviewed and approved by the ethics committee, inform the subject or the subject’s guardian of the details of the trial purpose, use, and possible risks, and
With its written consent.
In conducting clinical trials, no trial fees shall be charged to the subjects.
Article 109 Anyone engaged in medical and scientific research activities related to human genes, human embryos, etc. shall abide by laws, administrative regulations and relevant national regulations.
Must not endanger human health, must not violate ethics and morals, and must not harm public interests.
Article 1010: If, against the wishes of others, sexual harassment of others by means of words, texts, images, physical behavior, etc., the victim hasplease
the right to
Ask the perpetrator to bear civil liability.
Organs, enterprises, schools and other units shall take reasonable measures such as prevention, acceptance of complaints, investigation and handling, etc., to prevent and stop the use of power, affiliation, etc.
Sexual harassment.
Article 101: Where the freedom of movement of others is deprived or restricted by illegal detention or other means, or the body of others is illegally searched, the victim shall have the right to request according to law.
Ask the perpetrator to bear civil liability.

Chapter III Name Rights and Name Rights
Article 1012: Natural persons have the right to name, and have the right to decide, use, change or permit others to use their name in accordance with
Back
the law, but they must not violate
Public order and good customs.
Article 1013: Legal persons and unincorporated organizations have the right to name, and have the right to decide, use, change, transfer or permitname
others to use their own
Weighed.
Article 1014 No organization or individual may infringe on the name rights or name rights of others by means of interference, misappropriation, or counterfeiting.
Article 1015: A natural person shall follow his father’s or mother’s surname, but in any of the following circumstances, a surname may be selected in addition to the father’s and mother’s surname:
(1) Select the surnames of the blood relatives of other direct elders;
(2) The surname of the supporter is selected because it is supported by someone other than the legal supporter;
(3) There are other legitimate reasons that do not violate public order and good customs.
The surnames of natural persons of ethnic minorities can follow their own cultural traditions and customs.
Article 1016 Where a natural person decides or changes its name, or a legal person or unincorporated organization decides, changes, or transfersorgan
its name, it shall notify the relevant parties in accordance with the law.
Go through the registration procedures, except as otherwise provided by law.
Where a civil entity changes its name or title, the civil juristic act performed before the change shall be legally binding on it.
Article 1017: A pen name, stage name, net name, translated name, font size, and surname that has a certain social reputation and is used by others
Name
to cause
and confusion among the public
For the abbreviation of names, etc., refer to the relevant provisions of the application of name rights and name rights protection.

Chapter 4 Xiao Xiangquan
Article 1018: Natural persons have the right to portraits and have the right to make, use, publish or permit others to use their own portraits in accordance with the law.
A portrait is a recognizable external image of a specific natural person reflected on a certain carrier by means of images, sculptures, paintings, etc.
Article 1019: No organization or individual may infringe on the portrait rights of others by demonizing, defaceting, or using information technology to forge.
Without the consent of the right holder, the portrait of the right holder may not be produced, used, or published, except as otherwise provided by law.
Without the consent of the right holder of the portrait, the right holder of the portrait work shall not use or make public the portrait of the right holder by publishing, copying, distributing, renting, exhibiting, etc.
Article 102 The following actions may be reasonably performed without the consent of the owner of the portrait rights:
(1) For personal study, art appreciation, classroom teaching, or scientific research, use the public portrait of the right holder to the extent necessary;
(2) In order to implement news reports, it is inevitable to produce, use, and publish the portrait of the right holder;

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(3) In order to perform duties in accordance with the law, the state organs shall produce, use, and publish the portrait of the person with the right to portrait within the necessary scope;
(4) In order to display the specific public environment, it is inevitable to produce, use, and publish the portrait of the right holder;
(5) Other acts of making, using, and publicizing the portrait of the portrait right holder in order to protect the public interest or the legitimate rights and interests of the portrait right holder.
Article 1021 If the parties have disputes over the understanding of the portrait usage clause in the portrait license contract, they shall make a decision in favor of the portrait right holder.
explanation of.
Article 1022: If the parties have not agreed or the agreement is not clear on the license period of the portrait, either party may cancel the portrait at any time.
Licensing contract, but the other party should be notified before a reasonable period of time.
The parties have a clear agreement on the period of portrait license use. If the owner of the portrait right has a legitimate reason, the portrait license contract can be terminated, but it should be within a reasonable period of time.
Notify the other party before the deadline. If the other party suffers losses due to the rescission of the contract, the losses shall be compensated except for reasons not attributable to the owner of the portrait rights.
Article 1023 Regarding the permitted use of names, etc., refer to the relevant provisions of the applicable portrait license.
For the protection of the voice of natural persons, refer to the relevant regulations for the protection of portrait rights.

Chapter V Right of Reputation and Honor
Article 1024: Civil entities enjoy the right of reputation. No organization or individual may infringe on the reputation rights of others by insulting, slandering, etc.
Reputation is a social evaluation of the character, prestige, talent, and credit of a civil subject.
Article 1025: If the perpetrator implements news reports, public opinion supervision, etc. for the public interest, which affects the reputation of others,
Yes he shall not bear civil liability, but
Except for one of the following situations:
(1) Fabricate or distort facts;
(2) Failing to fulfill the obligation of reasonable verification of the seriously inaccurate content provided by others;
(3) Use insulting words to degrade the reputation of others.
Article 1026: The following factors shall be considered in determining whether the perpetrator has fulfilled the reasonable verification obligations stipulated in Paragraph 2 of the preceding article:
(1) The credibility of the content source;
(2) Whether necessary investigations have been carried out on the content that is obviously likely to cause controversy;
(3) The time limit of the content;
(4) The relevance of content to public order and good customs;
(5) The possibility of the victim's reputation being degraded;
(6) Verification capability and verification cost.
Article 1027 The literary and artistic works published by the perpetrator use real people or specific people as the object of description, contain insults,
harmdefamation content, and infringe
In the case of the reputation rights of others, the victim has the right to request the perpetrator to bear civil liability in accordance with the law.
The literary and artistic works published by the perpetrator do not take a specific person as the object of description, and if the plot is similar to that of the specific person, he shall not bear civil liability.
Article 1028: If a civil entity has evidence to prove that the content of the newspapers, periodicals, internet and other media reports is inaccurate and infringes on its right of reputation, it has the right to request the media and
Take necessary measures such as correction or deletion from time to time.
Article 1029: Civil entities may inquire about their own credit evaluation in accordance with the law; if they find that the credit evaluation is improper, they have the right to raise an objection and request for changes.
Necessary measures such as correction and deletion. The credit appraiser shall verify in a timely manner, and if the verification is true, it shall take necessary measures in a timely manner.
Article 1030: The relationship between civil entities and credit information processors such as credit reporting agencies shall be governed by the provisions of this chapter on the protection of personal information and other provisions.
Relevant provisions of laws and administrative regulations.
Article 1031 Civil entities enjoy the right to honor. No organization or individual may illegally deprive others of their honorary titles, or slander or demean them
Human honor.

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If the honorary title obtained should be recorded and there is no record, the civil entity may request the record; if the honorary title obtained is recorded incorrectly, the civil entity may request
correct.

Chapter VI Privacy and Protection of Personal Information
Article 1032: Natural persons enjoy the right to privacy. No organization or individual may infringe on the privacy of others by spying, harassing, divulging, disclosing, etc.
right.
Privacy is the tranquility of a natural person's private life and the private space, private activities, and private information that are unwilling to be known to others.
Article 1033 Except as otherwise provided by law or with the express consent of the right holder, no organization or individual may perform the following actions:
(1) Intrusion into the private life of others through telephone, text messages, instant messaging tools, e-mails, leaflets, etc.;
(2) Entering, filming, and peeping into private spaces such as other people's residences and hotel rooms;
(3) Filming, spying, eavesdropping, and disclosing the private activities of others;
(4) Photographing and peeking into the private parts of other people's bodies;
(5) Dealing with the private information of others;
(6) Infringe on the privacy of others in other ways.
Article 1034: The personal information of natural persons is protected by law.
Personal information is a variety of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person’s
Name, date of birth, ID number, biometric information, address, phone number, e-mail address, health information, whereabouts information, etc.
The private information in personal information shall be subject to the provisions concerning privacy rights; if there is no provision, the provisions concerning the protection of personal information shall apply.
Article 1035: The processing of personal information shall follow the principles of lawfulness, fairness and necessity, and shall not over-process, and shall meet the following conditions:
(1) Obtain the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;
(2) Rules for public handling of information;
(3) Explicitly state the purpose, method and scope of information processing;
(4) It does not violate the provisions of laws, administrative regulations and the agreement between the two parties.
The processing of personal information includes the collection, storage, use, processing, transmission, provision, and disclosure of personal information.
Article 1036: The perpetrator shall not bear civil liability in any of the following situations in the processing of personal information:
(1) Acts reasonably performed within the scope of the consent of the natural person or his guardian;
(2) Reasonably dispose of the information disclosed by the natural person himself or other legally disclosed information, but the natural person explicitly rejects or handles the information infringing upon him
Except for material interests;
(3) Other acts reasonably performed in order to protect the public interest or the legitimate rights and interests of the natural person.
Article 1037: Natural persons may consult or copy their personal information from information processors in accordance with the law; if they find errors in the information, they have the right to raise objections and
Request timely correction and other necessary measures.
If a natural person discovers that the information processor violates the provisions of laws, administrative regulations, or the agreement between the two parties to process his or her personal information, he has the right to request the information processor to delete it in time.
except.
Article 1038: Information processors shall not disclose or tamper with the personal information they collect and store; they shall not illegally disclose
mention
to others without the consent of natural persons.
Provide their personal information, except for those that cannot be identified and cannot be restored after processing.
Information processors shall take technical measures and other necessary measures to ensure the safety of the personal information they collect andhair
store, and prevent information leakage, tampering, and loss;
If personal information is leaked, tampered with or lost, remedial measures shall be taken in a timely manner, and natural persons shall be notified in accordance
Report.
with regulations and reported to relevant competent authorities.

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Article 1039: State agencies, statutory bodies undertaking administrative functions, and their staff have regard to the privacy of natural persons that they know about in the course of performing their duties.
And personal information shall be kept confidential and shall not be disclosed or illegally provided to others.

Part 5 Marriage and Family
Chapter 1 General Provisions
Article 1040: This chapter adjusts civil relationships arising from marriage and family.
Article 1041 Marriage and family shall be protected by the state.
Implement a marriage system featuring freedom of marriage, monogamy, and equality between men and women.
Protect the lawful rights and interests of women, minors, the elderly, and the disabled.
Article 1042 Arrangement, sale of marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to obtain property through marriage.
Bigamy is forbidden. People who are married are forbidden to live with others.
Domestic violence is prohibited. Abuse and abandonment among family members is prohibited.
Article 1043 Families should establish a good family style, promote family virtues, and attach importance to the construction of family civilization.
Husbands and wives should be loyal to each other, respect each other, and love each other; family members should respect the old, love the young,turn
help
offeach other, and maintain an equal, harmonious and civilized marriage and family
system.
Article 1044: Adoption shall follow the principle that is most beneficial to the adoptee and protect the lawful rights and interests of the adoptee and the adoptee.
It is prohibited to buy or sell minors in the name of adoption.
Article 1045: Relatives include spouses, blood relatives and in-laws.
Spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, and grandchildren are close relatives.
Spouse, parents, children and other close relatives living together are family members.

Chapter 2 Getting Married
Article 1046: Marriage shall be completely voluntary between the man and the woman. It is forbidden for either party to impose on the other party, or for any organization or individual to interfere.
Ford.
Article 1047 The age of marriage shall not be earlier than 22 years for men and 20 years for women.
Article 1048: Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
Article 1049: Both the man and the woman who require marriage shall go to the marriage registration office to apply for marriage registration in person. Those that comply with the provisions of this law shall be registered and issued
Give the marriage certificate. Completion of marriage registration means the establishment of a marriage relationship. If the marriage registration has not been completed, the registration shall be completed.
Article 105 After the registration of the marriage, according to the agreement between the man and the woman, the woman can become a member of the man’s family, and the man can become a member of the woman’s family.
member.
Article 1051: Marriage is invalid under any of the following circumstances:
(1) Bigamy;
(2) There is a kinship that prohibits marriage;
(3) Not reaching the legal marriage age.
Article 1052: Where the marriage is coerced, the coerced party may request the people’s court to cancel the marriage.

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A request to cancel the marriage shall be made within one year from the date of termination of the coercive act.
If a party whose personal freedom is illegally restricted requests the cancellation of the marriage, the request shall be made within one year from the date of restoration of personal freedom.
Article 1053: If one party suffers from a serious illness, he shall truthfully inform the other party before marriage registration; if not truthfully, the other party may inform the people
The court requested the cancellation of the marriage.
A request for cancellation of a marriage shall be filed within one year from the date when the reason for the cancellation is known or should have been known.
Article 1054: An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. During the cohabitation period
The property acquired shall be dealt with by agreement between the parties; if the agreement fails, the people's court shall make a judgment based onthe
theproperty
principleofof taking care of the non-faulty party. Invalid marriage caused by bigamy
The handling shall not infringe on the property rights and interests of the parties to the legal marriage. For children born to the parties, the provisions of this law on parents and children shall apply.
If the marriage is invalid or revoked, the innocent party has the right to request compensation for damages.

Chapter III Family Relations
Section 1 husband and wife relationship
Article 1055: Husband and wife shall have equal status in the marriage and family.
Article 1056 Both spouses have the right to use their own names.
Article 1057. Both spouses have the freedom to participate in production, work, study and social activities, and one party may not impose restrictions on or interfere with the other.
Ford.
Article 1058: Both spouses shall equally enjoy the right to raise, educate and protect minor children, and jointly undertake the support and education of minor children.
And the obligation to protect.
Article 1059: Husband and wife have the obligation to support each other.
The party in need of support has the right to demand support payments when the other party fails to perform the obligation of support.
Article 1060: A civil legal act carried out by one spouse due to the needs of the family’s daily life shall have effect on both spouses, but one spouse and the other
Unless otherwise agreed with the person.
The restriction on the scope of civil juristic acts that can be carried out by a spouse shall not be against a bona fide counterpart.
Article 1061: Husband and wife shall have the right to inherit each other's inheritance.
Article 1062: The following property acquired by a spouse during the marriage relationship shall be the joint property of the spouse and shall be jointly owned by the spouse:
(1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided in Item 3 of Article 1063 of this Law;
(5) Other properties that should be jointly owned.
Husbands and wives have equal rights to deal with joint property.
Article 1063 The following property is the personal property of one spouse:
(1) Pre-marital property of one party;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property determined in the will or gift contract to belong to only one party;
(4) Daily necessities dedicated to one party;

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(5) Other property that should belong to one party.
Article 1064: The debts incurred by both spouses, such as the joint signature or the subsequent ratification by one spouse, and the debts incurred by one spouse in the marriage
The debts borne by the individual in the name of the family for the daily needs of the family during the duration of the relationship belong to the joint debts of the husband and wife.
The debts that a spouse owes in his personal name beyond the daily needs of the family during the duration of the marriage relationship do not belong to the joint debt of the spouse; however, the creditor
Except where it can be proved that the debt is used for the husband and wife's common life, joint production and operation, or based on the common will of the husband and wife.
Article 1065: Both the man and the woman may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned, jointly or partly owned by each other.
Each is owned separately, and some is jointly owned. The agreement shall be made in writing. If there is no agreement or the agreement is not clear, Article 1062 and Thousandth of this Law shall apply.
The provisions of Article Zero 63.
The agreement of the husband and wife on the property acquired during the marriage relationship and the pre-marital property shall be legally binding on both parties.
The husband and wife agree that the property acquired during the duration of the marriage relationship shall belong to each other. If the husband or the wife owes the debt to the outside world, if the counterparty knows the agreement, the husband shall
Or the wife’s personal property is paid off.
Article 1066 During the duration of the marriage relationship, in any of the following circumstances, one spouse may request the people's court to divide the common property:
(1) One party has concealed, transferred, sold, destroyed, squandered the joint property of the husband and wife or forged joint debts of the husband and wife, etc., which seriously damages the joint property interests of the husband and wife.
for;
(2) One party has a statutory maintenance obligation and requires treatment for a serious illness, and the other party does not agree to pay related medical expenses.

Section 2 Parent-child relationship and other close relatives
Article 1067: Where parents fail to perform their duty of support, minor children or adult children who cannot live independently, some require parents to pay support
right.
Adult children who fail to perform their maintenance obligations, parents who lack the ability to work or have difficulties in life, have the right to demand maintenance payments from their adult children.
Article 1068: Parents have the right and obligation to educate and protect their minor children. If a minor child causes damage to others, the parents shall bear the responsibility according to law
civil liability.
Article 1069: Children shall respect the marriage rights of their parents, and shall not interfere with their parents’ divorce, remarriage, and life after marriage. Support of children to their parents
The obligation does not end due to changes in the parents’ marital relationship.
Article 1070: Parents and children have the right to inherit each other's inheritance.
Article 1071 Children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them.
The biological father or mother who does not directly raise children born out of wedlock shall bear the support of minor children or adult children who cannot live independently.
Article 1072: There shall be no abuse or discrimination between stepparents and stepchildren.
The relationship of rights and obligations between a stepfather or stepmother and the stepchildren who are raised and educated shall be governed by the provisions of this law on the relationship between parents and children.
Article 1073: Where there are objections to the parent-child relationship and there are legitimate reasons, the father or mother may file a lawsuit with the people’s court to request confirmation or denial of the parent-child relationship.
Child relationship.
If there are objections to the parent-child relationship and there are legitimate reasons, the adult child may file a lawsuit with the people's court to request confirmation of the parent-child relationship.
Article 1074: Grandparents and grandparents who are able to afford, for minor grandchildren and grandchildren whose parents have died or whose parents are unable to raise
Children have the duty to raise.
Grandchildren and grandchildren who can afford are obliged to support grandparents and grandparents whose children have died or whose children are unable to support.
Article 1075: Brothers and sisters who can afford it shall have the duty to support minor brothers and sisters whose parents have died or whose parents are unable to raise them.
Brothers and sisters who are able to afford to grow up by brothers and sisters have the obligation to support brothers and sisters who lack the ability to work and have a source of income.

Chapter 4 Divorce

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Article 1076: If both spouses divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.
The divorce agreement should contain the intention of both parties to divorce voluntarily and their consensus on matters such as child support, property and debt handling.
Article 1077: Within 30 days from the date when the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, it may register with marriage
The agency withdrew the application for divorce registration.
Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall go to the marriage registration authority to apply for the issuance of a divorce certificate in person;
please.
Article 1078. The marriage registration authority has verified that the two parties are indeed divorced voluntarily, and have negotiated matters such as child support, property, and debt handling.
If it does, it will be registered and a divorce certificate will be issued.
Article 1079: If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit in the people's court.
The people's court shall conduct mediation when trying a divorce case; if the relationship is indeed broken and the mediation is invalid, the divorce shall be granted.
If the mediation is invalid under any of the following circumstances, the divorce shall be granted:
(1) Bigamy or cohabitation with another person;
(2) Committing domestic violence or torturing or abandoning family members;
(3) Bad habits such as gambling and drug abuse have not been corrected after repeated instruction;
(4) Two years of separation due to emotional discord;
(5) Other circumstances leading to the breakdown of the relationship between the husband and wife.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people’s court decides not to allow the divorce, if the two parties have been separated for one year, and one of the parties filed a divorce lawsuit again, the divorce shall be granted.
Article 1080 When the divorce registration is completed, or the divorce judgment or mediation statement becomes effective, the marriage relationship is dissolved.
Article 1081 When the spouse of an active soldier requests a divorce, the soldier's consent shall be obtained, unless the soldier has a serious fault.
Article 1082 During the woman’s pregnancy, within one year after delivery, or within six months after termination of pregnancy, the man may not file
mention
for divorce; however, the woman
Except for divorce or the people's court deems it necessary to accept the man's divorce request.
Article 1083 After the divorce, if the male and female parties voluntarily restore their marriage relationship, they shall go to the marriage registration office to re-register the marriage.
Article 1084: The relationship between parents and children shall not be eliminated by the divorce of the parents. After the divorce, whether the children
father are directly raised by the father or mother, they are still
Children of both mothers.
After the divorce, parents still have the right and obligation to raise, educate, and protect their children.
After divorce, children under the age of two shall be brought up directly by the mother. For children who have reached the age of two, if both parents fail to reach an agreement on the issue of parenting, the
The people's court makes a judgment based on the specific circumstances of both parties and in accordance with the principle that is most beneficial to the minor children. Children who have reached the age of eight should respect their true wishes.
Article 1085 After the divorce, if the child is directly brought up by one party, the other party shall bear part or all of the alimony. How much and how long to bear the cost
The length of the limit shall be agreed by both parties; if the agreement fails, the people’s court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent for more than the amount originally set in the agreement or judgment when necessary.
Article 1086 After a divorce, a parent who does not directly raise a child shall have the right to visit the child, and the other party shall have the obligation to assist.
The method and time for exercising the visitation right shall be agreed by the parties; if the agreement fails, the people's court shall make a judgment.
If a parent or mother visits a child, which is not conducive to the physical and mental health of the child, the people's court shall suspend the visit according to law; after the reason for the suspension disappears, the visit shall be resumed.
Article 1087: At the time of divorce, the joint property of the husband and wife shall be dealt with by agreement between the two parties; if the agreement
press
fails, the people’s court shall, based on the specific circumstances of the property,
The judgment shall be based on the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by the husband or wife in the contracted management of family land shall be protected in accordance with the law.

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Article 1088 If one spouse has more obligations for raising children, caring for the elderly, assisting the other spouse in work, etc., the spouse shall have the right to pay the other spouse to the
If compensation is requested, the other party shall provide compensation. The specific measures shall be negotiated by both parties; if the agreement fails, the people's court shall make a judgment.
Article 1089 At the time of divorce, the joint debts of the husband and wife shall be repaid together. If the common property is insufficient to pay off or the property belongs to each other, the two parties shall agree
Repayment; if the agreement fails, the people's court shall make a judgment.
Article 1090 During a divorce, if one party has difficulties in life, the other party who can afford it shall provide appropriate assistance. The specific
Association
method shall be agreed by both parties;
If the negotiation fails, the people's court shall make a judgment.
Article 1091: If a divorce is caused by one of the following circumstances, the innocent party has the right to request compensation for damages:
(1) Bigamy;
(2) Cohabiting with others;
(3) Implement domestic violence;
(4) Abuse or abandon family members;
(5) Other major faults.
Article 1092: One spouse conceals, transfers, sells off, destroys, or squanders the common property of the spouse, or forges the common debt of the spouse in an attempt to occupy the other
In the case of the property of the spouse, when the joint property of the spouse is divided by the divorce, the spouse may be divided less or not. AfterCivil
the divorce,
court if the other party discovers the above behavior, he can
File a lawsuit requesting that the joint property of the husband and wife be divided again.

Chapter 5 Adoption
Section 1 Establishment of an adoption relationship
Article 1093: The following minors may be adopted:
(1) Orphans who have lost their parents;
(2) Minors whose biological parents cannot be found;
(3) Children whose biological parents have special difficulties and cannot afford to raise them.
Article 1094: The following individuals and organizations may serve as escorts:
(1) The guardian of the orphan;
(2) Child welfare institutions;
(3) Natural parents who have special difficulties and cannot afford to raise their children.
Article 1095. If none of the parents of a minor has full capacity for civil conduct and may seriously endanger the minor, the minor’s prison
The guardian can send him up for adoption.
Article 1096 Where a guardian sends an orphan for adoption, it shall obtain the consent of the person who has the obligation to support it. Those who have the duty of support do not agree to be sent for adoption, and the guardian does not want to
Anyone who intends to continue to perform guardianship duties shall separately determine a guardian in accordance with the provisions of Part I of this law.
Article 1097 When parents send their children for adoption, both parties shall send them for adoption together. If one of the biological parents is unknown or cannot be found, they can be sent for adoption unilaterally.
Article 1098: The adopter shall meet the following requirements at the same time:
(1) No children or only one child;
(2) Have the ability to raise, educate and protect the adoptee;
(3) Not suffering from a disease that medically considers that a child should not be adopted;
(4) There is no illegal or criminal record that is detrimental to the healthy growth of the adoptee;
(5) At least 30 years old.

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Article 1099: The adoption of a child of a collateral blood relative of the same generation within three generations may not be exempted from Article 1093, Item 3 and 1090 of this law.
The restrictions stipulated in Article 4, Paragraph 3 and Article 1102.
The adoption of children of collateral blood relatives of the same generation within three generations by overseas Chinese may not be restricted by the provisions of Article 1098, Paragraph 1 of this Law.
Article 110 An adopter without children may adopt two children; an adopter with children can only adopt one child.
The adoption of orphans, disabled minors or minors raised by child welfare institutions whose biological parents cannot be found may not be exempt from the preceding paragraph and the 1090th of this law.
The restrictions stipulated in the first paragraph of Article 8.
Article 1101 If a person with a spouse adopts a child, the husband and wife should adopt it together.
Article 1102: Where a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be more than 40 years.
Article 1103: A stepfather or stepmother may adopt a stepchild with the consent of the stepchild’s biological parents, and may not be exempt from Article 1093 of this law.
Three, Article 1094, Paragraph 3, Article 1098, and Article 110 Paragraph 1 of the restrictions.
Article 1104 The adoption by the adopter and the adoption by the adopter shall be voluntary. Those who adopt minors over eight years of age shall obtain the approval of the adoptee
agree.
Article 105 The adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship shall be established from the date of registration.
In the case of adopting a minor whose biological parents cannot be found, the civil affairs department that handles the registration shall make an announcement before registration.
If the parties involved in the adoption relationship are willing to sign an adoption agreement, they may sign an adoption agreement.
If any party or one of the parties to the adoption relationship requests for adoption notarization, they shall apply for adoption notarization.
The civil affairs department of the people's government at or above the county level shall conduct an adoption assessment in accordance with the law.
Article 1106 After the establishment of an adoption relationship, the public security organ shall handle the household registration for the adoptee in accordance with the relevant provisions of the state.
Article 107: An orphan or a child whose biological parents are unable to raise may be raised by relatives and friends of the biological parents; the relationship
system
between the supporter and the dependent
The provisions of this chapter do not apply.
Article 1108: If one spouse dies and the other spouse sends a minor child to be raised, the parents of the deceased have the priority right to support.
Article 1109: Foreigners may adopt children in the People's Republic of China in accordance with the law.
The adoption of a child by a foreigner in the People’s Republic of China shall be reviewed and approved by the competent authority of the country where it is located in accordance with the laws of that country. The adopter should provide
Certificates issued by the competent authority regarding their age, marriage, occupation, property, health, and whether they have received criminal penalties, etc., and signed a written agreement with the adopter
, Personally register with the civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The certification materials specified in the preceding paragraph shall be certified by the diplomatic agency of the country where the adopter is located or an institution authorized by the diplomatic agency, and be certified by the diplomatic agency of the People’s Republic of China
Certification by the consulate, unless otherwise specified by the country.
Article 110: Where adopters or adopters request to keep the secrets of the adoption, other persons shall respect their wishes and shall not disclose them.

Section 2 Effect of Adoption
Article 111 The rights and obligations between adoptive parents and adoptive children shall be governed by the provisions of this law regarding the relationship between parents and children since the establishment of the adoption relationship.
Regulations: The rights and obligations between the adopted children and the close relatives of the adoptive parents shall be governed by the provisions of this law on the close relatives between the children and their parents.
The relationship of rights and obligations between adopted children and their biological parents and other close relatives shall be eliminated due to the establishment of the adoption relationship.
Article 112. Adopted children may follow the surname of the adoptive father or adoptive mother, and the parties may also retain their original surname after consultation.
Article 111: There are circumstances in which the provisions concerning the invalidity of civil juristic acts in the first part of this law or adoptions that violate the provisions of this part are invalid.
Invalid adoption is not legally binding from the beginning.

Section 3 Dissolution of Adoption

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Article 114: The adopter shall not terminate the adoptive relationship before the adoptee reaches the adulthood, but the agreement between the adopter and the adopter shall be excluded.
outer. Adopted children who are over eight years old shall obtain their consent.
If the adopter fails to perform the duty of raising, and has abused or abandoned the legal rights and interests of the minor adopted child, the adopter has the right to request the dismissal of the adoptive parents and the adopted child
The adoption relationship between. If the adopter or adopter cannot reach an agreement to terminate the adoption relationship, they may file a lawsuit in the people's court.
Article 115 If the relationship between adoptive parents and adult adopted children deteriorates and is unable to live together, the adoptive relationship may be terminated by agreement. Can't reach an agreement
, You can file a lawsuit with the people's court.
Article 116: If the parties agree to terminate the adoption relationship, they shall go to the civil affairs department to register for termination of the adoption relationship.
Article 117: After the dissolution of the adoption relationship, the rights and obligations between the adopted child and the adoptive parents and other close relatives shall be eliminated, and the relationship between the biological parents and the biological parents shall be eliminated.
The rights and obligations between and other close relatives are restored on their own. However, whether the relationship of rights and obligations between adult adopted children and their biological parents and other close relatives can be restored.
Determined by negotiation.
Article 1118: After the termination of the adoption relationship, the adult adopted children raised by adoptive parents shall, for adoptive parents who lack the ability to work and lack of means of living,
The living expenses should be paid. If the adoptive relationship is terminated due to the abuse or abandonment of the adoptive parents by the adopted children after they reach adulthood, the adoptive parents may request the adopted children to compensate for the expenses paid during the adoption period.
Alimony.
If the biological parents request the termination of the adoptive relationship, the adoptive parents may require the natural parents to properly compensate for the maintenance expenses paid during the adoption period; however, due to the abuse or abandonment of the adoptive parents
Except for the termination of the adoption relationship by adopting a child.

Part VI Inheritance
Chapter 1 General Provisions
Article 119 This chapter adjusts civil relations arising from inheritance.
Article 120 The state protects the inheritance rights of natural persons.
Article 111. Inheritance begins when the deceased dies.
If several people who have inherited relations with each other die in the same incident, and it is difficult to determine the time of death, the person with no other heirs is presumed to die first. Have other inheritance
People of different generations are presumed to die first; those of the same generation are presumed to die at the same time without inheritance from each other.
Article 1122: Inheritance is the legal personal property left by a natural person at the time of death.
Inheritance that cannot be inherited in accordance with the law or according to its nature shall not be inherited.
Article 1123: After the inheritance begins, it shall be handled in accordance with statutory inheritance; if there is a will, it shall be handled in accordance
Negotiated
with testamentary inheritance or bequest; if there is a legacy and support association
, In accordance with the agreement.
Article 1124 After the inheritance begins, if the heirs renounce the inheritance, they shall make a written statement of renunciation of the inheritance
No before the disposal of the estate;
If there is an indication, it shall be deemed to have accepted the inheritance.
The bequestee shall, within 60 days after knowing of the bequest, make an expression of acceptance or abandonment of the bequest; if there is no expression at the expiration date, it shall be deemed to have given up the bequest.
Article 115. The heir shall lose the right of inheritance if he commits one of the following acts:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to fight for the inheritance;
(3) Abandoning the deceased, or abusing the deceased in serious circumstances;
(4) Forging, altering, concealing or destroying the will, the circumstances are serious;
(5) Using fraud or coercion to force or hinder the establishment, modification or withdrawal of the will by the deceased, the circumstances are serious.
If the heir has the third to fifth behavior of the preceding paragraph, he does repent, and the heir expresses forgiveness or later lists him as the heir in the will.
The successor does not lose the right of inheritance.

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The legatee shall lose the right to be bequeathed if he commits the acts specified in the first paragraph of this article.

Chapter II Legal Succession
Article 1126: Men and women are equal in inheritance rights.
Article 1127 The inheritance shall be inherited in the following order:
(1) First order: spouse, children, parents;
(2) Second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the heirs in the first order will inherit, and the heirs in the second order will not inherit; if there is no heir in the first order, the heirs in the second order will succeed.
Accept.
The term "children" in this chapter includes children born in wedlock, children born out of wedlock, adopted children, and stepchildren who have a support relationship.
The term "parents" mentioned in this chapter includes biological parents, adoptive parents and stepparents who have a supporting relationship.
The term “brothers and sisters” in this chapter includes brothers and sisters with parents, half-brothers or half-brothers, foster brothers and sisters, and step-brothers who have a support relationship.
Younger brothers and sisters.
Article 1128: Where the children of the deceased die before the deceased, they shall be succeeded by the blood relatives of the direct descendants of the deceased’s children.
If the siblings of the deceased die before the deceased, they shall be succeeded by the children of the siblings of the deceased.
Subrogation heirs generally can only inherit the share of the estate that the subrogated heir is entitled to inherit.
Article 129: A widowed daughter-in-law to his in-laws, or a widowed son-in-law to his parents-in-law, shall serve as the first-order successor.
Article 1130 The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when the inheritance is distributed.
Heirs who have done the main duty to support the deceased or live together with the deceased may divide the estate more.
If the heirs who have the ability to support and have the conditions for support fail to fulfill the obligation of support, the inheritance shall be distributed without or with less.
Heirs agreed to agree, can also be unequal.
Article 131: For those who rely on the heir to support other than the heir, or those who support more of the heir than the heir,
Distribute the appropriate legacy.
Article 132: Successors shall negotiate and handle inheritance issues in the spirit of mutual understanding, mutual accommodation, harmony and unity. Time and method of inheritance division
The sum of shares shall be determined by the heirs through negotiation; if the negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.

Chapter III Testamentary Succession and Bequest
Article 1133: Natural persons may make a will to dispose of their personal property in accordance with the provisions of this law, and may appoint an executor of the will.
Natural persons may make a will to designate personal property to be inherited by one or more of the legal heirs.
Natural persons may make a will to donate personal property to organizations or individuals other than the state, collective or legal heir.
Natural persons may establish a testamentary trust in accordance with the law.
Article 134 The self-written will shall be written and signed by the testator, indicating the year, month, and day.
Article 1135 A will on behalf of the written testament shall be witnessed by two or more witnesses, one of whom shall be the witness, and the testator, the witness and other witnesses
Witness signature, indicating year, month, and day.

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Article 136 The printed will must be witnessed by more than two witnesses. The testator and witnesses should sign each page of the will, indicating
year month day.
Article 137 A will made in the form of audio and video recording shall be witnessed by two or more witnesses. The testator and witness should be recording
Record his name or portrait, as well as year, month, and day in the video.
Article 1138 The testator may make an oral will in a critical situation. An oral will should be witnessed by more than two witnesses. Critical situation
After the situation is eliminated, if the testator is able to make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be processed by the testator through a notary institution.
Article 110 The following persons cannot be witnesses to a will:
(1) Persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to witness;
(2) Heirs and legacy;
(3) Those who have an interest in the heir or bequeathed.
Article 1141 The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no source of livelihood.
Article 142: The testator may withdraw or modify his will.
After the will is made, if the testator performs a civil legal act contrary to the content of the will, it shall be deemed to have withdrawn the relevant content of the will.
If there are several wills that conflict with each other, the last one shall prevail.
Article 1143 A will made by a person without or with limited civil capacity is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
The forged will is invalid.
If the will is tampered with, the tampered content is invalid.
Article 1144 Where there are obligations attached to testamentary succession or bequest, the heir or legatee shall perform the obligations. Non-performance without good reason
If it is obligated, the people’s court may cancel its right to accept part of the obligatory part of the inheritance upon the request of the interested party or relevant organization.

Chapter IV Disposal of the Inheritance
Article 1145 After the start of inheritance, the executor shall be the administrator of the estate; if there is no executor, the successor shall promptly Reason
elect the estate administrator.
If the heir is not elected, the heir shall jointly serve as the administrator of the estate; if there is no heir or the heirs give up the inheritance, the formerThe
residence
people of the land
heir
The political department or the village committee shall act as the administrator of the estate.
Article 116: Where there is a dispute over the determination of the administrator of the estate, the interested party may apply to the people's court for the appointment of the administrator of the estate.
Article 1147 The administrator of the estate shall perform the following duties:

(1) Clean up the heritage and make a list of heritage;
(2) Reporting the status of the estate to the heirs;
(3) Take necessary measures to prevent the damage and loss of the heritage;
(4) Dealing with the claims and debts of the deceased;
(5) Divide the estate in accordance with the will or in accordance with the law;
(6) Perform other necessary actions related to the management of the heritage.
Article 1148: The administrator of the estate shall perform its duties in accordance with the law and cause damage to the heir, bequeathed or creditor due to intentional or gross negligence.
, Should bear civil liability.
Article 1149 The administrator of the estate may be remunerated in accordance with the law or in accordance with the agreement.

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Article 115 After the start of the inheritance, the heir who knows the death of the deceased shall promptly notify the other heirs and the executor of the will. None of the heirs
If the person knows that the deceased has died or knows that the deceased has died and cannot notify the deceased, the unit or the residents’ committee or the village committee of the place of residence of the deceased before his life
The member will be responsible for notification.
Article 115. Anyone who has an inheritance shall properly keep the inheritance, and no organization or individual may embezzle or scramble for it.
Article 152. After the beginning of the inheritance, if the heir dies before the division of the estate and does not give up the inheritance, the inheritance that the heir should inherit shall be transferred to
His heirs, unless otherwise arranged in the will.
Article 1153: Unless there is an agreement on the property jointly owned by the husband and wife, when the inheritance is divided, half of the property jointly owned shall be divided into
Owned by the spouse, the rest is the inheritance of the deceased.
If the inheritance is in the family's common property, when the inheritance is divided, the property of others shall be divided first.
Article 1154 In any of the following circumstances, the relevant part of the inheritance shall be handled in accordance with legal inheritance:
(1) The testamentary successor waives the inheritance or the legatee waives the legacy;
(2) The testamentary successor loses the right of inheritance or the legatee loses the right to bequeathed;
(3) The testamentary successor or bequeathee dies or terminates before the testator;
(4) The estate involved in the invalid part of the will;
(5) Inheritance not dissected by the will.
Article 115 When the inheritance is divided, the inheritance share of the fetus shall be retained. The fetus is dead at the time of delivery, and the reserved share shall be handled in accordance with the legal inheritance
Rationale.
Article 1156 The division of the heritage shall be conducive to the needs of production and life, and shall not damage the effectiveness of the heritage.
The inheritance that is not suitable for division may be dealt with by methods such as discounting, appropriate compensation or co-ownership.
Article 157. If one spouse dies and the other spouse remarries, he shall have the right to dispose of the inherited property, and no organization or individual may interfere.
Article 1158: Natural persons may sign bequests and support agreements with organizations or individuals other than the heirs. According to the agreement, the organization or individual
Undertake the obligation to support the death of the natural life and enjoy the right to be bequeathed.
Article 1159: The division of the estate shall pay off the taxes and debts that the deceased shall pay according to law; however, it shall be due to lack
Noof labor ability and
Heirs who have a source of livelihood keep the necessary inheritance.
Article 1160 The inheritance that no one inherits or bequeathed shall be owned by the state and used for public welfare undertakings; the deceased member
shall be organized under the collective ownership system before his death.
, Belong to the collective ownership organization.
Article 161 The heir shall pay off the taxes and debts that the heir should pay according to law within the limit of the actual value of the inherited property. Beyond the real estate
The value part is not subject to this limit if the heir voluntarily repays it.
If the heir renounces the inheritance, he may not be liable for paying off the taxes and debts that the heir should pay according to law.
Article 162 The execution of the bequest shall not hinder the payment of taxes and debts that the bequestor should pay according to law.
Article 1163: Where there are both legal inheritance, testamentary inheritance and bequest, the legal heir shall pay off the taxes and debts that the decedent should pay according to law.
The portion that exceeds the actual value of the statutory inheritance will be paid off by the probationary successor and bequeathee on a proportional basis.

Part VII Liability for Tort
Chapter 1 General Provisions
Article 164 This chapter adjusts civil relations arising from infringement of civil rights and interests.
Article 165: If the perpetrator infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.

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If the perpetrator is presumed to be at fault in accordance with the law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 116: Where the perpetrator causes damage to the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, the law provides for tort liability, in accordance with
Its provisions.
Article 167: Where an infringement endangers the personal and property safety of others, the infringed person has the right to request the infringer to stop the infringement, remove the obstruction, and
Eliminate tort liability such as danger.
Article 1168: Where two or more persons jointly commit tortious acts and cause damages to others, they shall bear joint liability.
Article 1169 Anyone who instigates or helps others to commit tortious acts shall bear joint and several liability with the perpetrator.
Anyone who instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct shall bear tort liability;limit
Where the guardian of a person with civil capacity fails to perform his guardianship duties, he shall bear corresponding responsibilities.
Article 1170 Two or more persons commit acts endangering the personal and property safety of others, and the acts of one or more of them cause damage to others.
If the specific infringer is determined, the infringer shall be liable; if the specific infringer cannot be determined, the perpetrator shall be jointly and severally liable.
Article 171: Where two or more persons commit tortious acts separately and cause the same damage, and each person’s tortious act is sufficient to cause all the damage, the act
People bear joint and several liability.
Article 172: Where two or more persons commit tortious acts and cause the same damage, and the degree of liability can be determined, each shalldifficult
bear corresponding responsibilities;
If the responsibility is to be determined, the responsibility shall be assumed equally.
Article 1173: Where the infringer is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced.
Article 1174 The damage is caused deliberately by the victim, and the perpetrator shall not be liable.
Article 1175 The damage is caused by a third party, and the third party shall bear tort liability.
Article 176: Voluntary participation in cultural and sports activities with certain risks, and the victim shall not request other activities if the actions of other participants are harmed.
Participants shall bear tort liability; however, other participants have intentional or gross negligence in the damage.
The responsibilities of event organizers shall be governed by the provisions of Articles 1198 to 1201 of this Law.
Article 1177: If the lawful rights and interests are infringed, the situation is urgent and the protection of the state organs cannot be obtained in time. Failure to take immediate measures will result in their legal rights
If the benefit is irreparably damaged, the victim may take reasonable measures such as detaining the infringer’s property within the necessary scope to protect his own lawful rights and interests; however, it should
Request the relevant state agency to deal with it immediately.
If the victim takes improper measures and causes damage to others, he shall bear tort liability.
Article 1178 If this law and other laws provide otherwise for non-accountability or mitigation of liability, those provisions shall be followed.

Chapter II Compensation for Damages
Article 1179: Anyone who infringes on others and causes personal injury shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital food subsidies.
Reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost work. If it causes disability, it shall also compensate for assistive
Become device
death fees and disability compensation;
In case of death, the funeral expenses and death compensation shall also be compensated.
Article 1180 Where multiple deaths are caused by the same tort, the death compensation may be determined at the same amount.
Article 1181 Where the victim of the infringement dies, his close relatives shall have the right to request the infringer to bear tort liability. The infringed is an organization, and the organization is separated,
In the event of a merger, the organization that inherits the right has the right to request the infringer to bear the tort liability.
If the infringer dies, the person who paid the infringer’s medical expenses, funeral expenses and other reasonable expenses has the right to request the infringer to compensate for the expenses, but the infringer has already paid the
Except for expenses.
Article 182: Where property losses are caused by infringement of the personal rights and interests of others, the losses suffered by the infringer or the infringer shall be
Compensation for benefits; it is difficult to determine the losses suffered by the infringed and the benefits gained by the infringer. The infringed and the infringer are inconsistent with each other on the amount of compensation.
Where a people’s court initiates a lawsuit, the people’s court shall determine the amount of compensation based on the actual situation.
Article 1183: Where an infringement of the personal rights and interests of a natural person causes serious mental damage, the infringed person shall have the right to request compensation for mental damage.

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Where serious mental damage is caused by intentional or gross negligence infringing upon a specific object of personal significance to a natural person, the infringed person shall have the right to request compensation for mental damage.
Article 1184 In case of infringement on the property of others, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.
Article 1185 If intentional infringement of the intellectual property rights of others is committed, and the circumstances are serious, the infringed person shall have the right to request corresponding punitive damages.
Article 186: If neither the victim nor the perpetrator is at fault for the occurrence of the damage, the two parties shall share the loss in accordance with the provisions of the law.
Article 1187 After the damage occurs, the parties may negotiate the method of payment of the compensation. If the negotiation is inconsistent, the compensation fee shall be paid at one time
If it is really difficult to make a one-time payment, it can be paid in installments, but the infringed party has the right to request corresponding guarantees.

Chapter III Special Provisions on the Subject of Responsibility
Article 1188 Where a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. guardian
If the guardianship duty is fulfilled, the tort liability can be reduced.
If a person with property without civil capacity or a person with limited civil capacity causes damage to others, compensation shall be paid from his own property; the insufficiency shall be paid by the prison
Guardian compensation.
Article 1189: Where a person without or with limited capacity for civil conduct causes damage to others, and the guardian delegates guardianship duties to others,
The guardian shall bear the tort liability; if the trustee is at fault, he shall bear the corresponding liability.
Article 1190: Where a person with full capacity for civil conduct is temporarily unaware of his own behavior or loses control and causes damage to others, he shall be at fault.
Bear tort liability; if there is no fault, the victim shall be appropriately compensated according to the economic situation of the perpetrator.
A person with full capacity for civil conduct is temporarily unaware of his own behavior or loses control due to drunkenness, abusing narcotic drugs or psychotropic drugs, causing damage to others
In case of infringement, it shall bear the tort liability.
Article 1191 If the staff of the employing unit causes damages to others due to the performance of their work tasks, the employing unit shall bear tort liability. Employer
After assuming the tort liability, it may be possible to recover compensation from the staff member who has deliberately or grossly neglied.
During the labor dispatch period, if the dispatched staff causes damages to others due to the performance of their work tasks, the employer who accepts the labor dispatch shall bear tort liability;
If the dispatching unit is at fault, it shall bear corresponding responsibilities.
Article 1192: When a labor relationship is formed between individuals, if the party providing labor causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability
Ren. After the party accepting the labor service bears the tort liability, it may seek compensation from the party that provided the labor service intentionally or grossly negligent. If the party providing labor services is damaged due to labor services,
According to the respective faults of both parties, they shall bear corresponding responsibilities.
During the provision of labor services, if a third party’s actions cause damage to the party providing the labor services, the party providing the labor services has the right to request the third party to bear tort liability and the right to request
Ask for compensation from the party accepting the labor service. After receiving the compensation from the labor service party, it may seek compensation from a third party.
Article 1193 If the contractor causes damages to a third party or damages himself during the completion of the work, the ordering party shall not bear tort liability. but,
If the ordering person is at fault in ordering, instructing, or selecting appointments, he shall bear corresponding responsibilities.
Article 1194: Network users and network service providers who use the network to infringe on the civil rights and interests of others shall bear tort liability. The law has other regulations
If it is determined, follow its regulations.
Article 1195: Where network users use network services to commit infringements, the right holder has the right to notify the network service provider to delete, block,
Necessary measures such as disconnecting the link. The notice should include the preliminary evidence that constitutes the infringement and the true identity information of the right holder.
After receiving the notice, the network service provider shall forward the notice to relevant network users in a timely manner, and take necessary measures based on the preliminary evidence of infringement and the type of service.
Important measures; if the necessary measures are not taken in time, the network user shall be jointly and severally liable for the enlarged part of the damage.
If the right holder causes damage to the network user or network service provider due to wrong notification, he shall bear tort liability. If the law provides otherwise, follow those provisions.
Article 1196: After receiving the forwarded notice, a network user may submit a statement that there is no infringement to the network service provider. The statement should
Including preliminary evidence that there is no infringement and the real identity information of network users.
After receiving the statement, the network service provider shall forward the statement to the obligee who issued the notice and inform him that he can lodge a complaint with the relevant department or the people’s court
File a lawsuit. If the network service provider does not receive a notice that the right holder has complained or filed a lawsuit within a reasonable time limit after the forwarding statement reaches the right holder, it shall
Termination of the measures taken in a timely manner.

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Article 1197: Network service providers know or should know that network users use their network services to infringe the civil rights and interests of others, and do not take necessary measures.
If measures are necessary, the network user shall be jointly and severally liable.
Article 1198: Operators of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, etc., and public places,
Managers or organizers of mass activities who fail to fulfill their obligations to ensure safety and cause damages to others shall bear tort liability.

tube

If the act of a third party causes damage to others, the third party shall bear the tort liability; if the operator, manager or organizer fails to fulfill the obligation of safety protection, the
Take the corresponding supplementary responsibilities. After the operator, manager or organizer assumes supplementary responsibilities, it may seek compensation from a third party.
Article 1199: If a person with no capacity for civil conduct suffers personal injury during the course of studying or living in a kindergarten, school or other educational institution, the child
Gardens, schools or other educational institutions shall bear tort liability; however, if they can prove that they have fulfilled their education and management duties, they shall not bear tort liability.
Article 1,200. When a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, the school or other educational institution
Institutions that fail to fulfill their education and management responsibilities shall bear tort liability.
Article 1201: Persons with no capacity for civil conduct or persons with limited capacity for civil conduct study and live in kindergartens, schools or other educational institutions
In case of personal injury to a third person other than a kindergarten, school or other educational institution, the third person shall bear tort liability; He
theeducated
kindergarten, school or other
If the organization fails to fulfill its management responsibilities, it shall assume corresponding supplementary responsibilities. After the kindergarten,Compensation.
school or other educational institution assumes supplementary responsibilities, it may pursue a third party

Chapter IV Product Liability
Article 1202 If a product has a defect that causes damage to others, the producer shall bear tort liability.
Article 1203: Where a defect in a product causes damage to others, the infringed person may request compensation from the producer of the product, or the seller of the product.
The seller requested compensation.
If the product defect is caused by the producer, the seller shall have the right to recover the compensation from the producer after compensation. If the product is defective due to the fault of the seller, the manufacturer shall compensate
, Has the right to recover from the seller.
Article 1204: Where a product is defective due to the fault of a third party such as a transporter or a warehouser, causing damage to others, the producer
By or seller of the product
After compensation, it has the right to claim compensation from a third party.
Article 1205: Where a product defect endangers the personal and property safety of others, the infringed person has the right to request the producer
row
or seller to stop the infringement,
Eliminate tort liability such as obstruction and elimination of danger.
Article 1206 If defects are discovered after the products are put into circulation, the producers and sellers shall promptly take supplements such assave
suspension of sales, warnings, and recalls.
Measures; if remedial measures are not taken in a timely manner or the remedial measures are not effective, and the damage is enlarged, the tort liability shall also be borne for the enlarged damage.
Where recall measures are taken in accordance with the provisions of the preceding paragraph, the producer or seller shall bear the necessary expenses incurred by the infringed party.
Article 1207 The product is still produced or sold knowing that there are defects in the product, or effective remedial measures are not taken in accordance with the provisions of the preceding article, causing the death of others
Or if the health is seriously damaged, the infringed person has the right to request corresponding punitive damages.

Chapter V Liability for Motor Vehicle Traffic Accidents
Article 1208 Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the road traffic safety law and the relevant provisions of this law.
Article 1209: When the owner, manager, and user of a motor vehicle are not the same person due to conditions such as leasing, borrowing, etc., a traffic accident causes damage,
If it is the responsibility of the motor vehicle, the user of the motor vehicle shall bear the liability for compensation; if the owner or manager of the motor
Payable
vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability.
Liability.
Article 1210: If a motor vehicle has been transferred and delivered by means of sale or other means but has not been registered, a traffic accident has occurred.
If the damage is the responsibility of the motor vehicle, the assignee shall be liable for compensation.
Article 1211: A motor vehicle that is engaged in road transport business activities in the form of an affiliate shall be responsible for the damage caused by a traffic accident.
If any, the affiliated person and the affiliated person shall bear joint and several liability.
Article 1212. If a traffic accident causes damage by driving another person’s motor vehicle without permission, which is the responsibility of the motor vehicle, the motor vehicle shall
The employer shall be liable for compensation; if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bearouter.
the corresponding liability for compensation, except as otherwise provided in this chapter.

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Article 1213: If a motor vehicle is involved in a traffic accident and causes damage, which is the responsibility of the motor vehicle, the compulsory motor vehicle insurance shall first be insured.
Compensation shall be made within the scope of the compulsory insurance liability limit; the insufficiency shall be compensated by the insurer underwriting the motor vehicle commercial insurance in accordance with the insurance contract; still
In case of insufficient or no commercial motor vehicle insurance, the infringer shall compensate.
Article 1214 Where a motor vehicle that has been assembled or that has reached the scrapping standard is transferred by sale or other means, and damage is caused by a traffic accident,
The assignor and the assignee shall bear joint liability.
Article 1215: Damages caused by a traffic accident on a motor vehicle that has been stolen, robbed or robbed shall be borne by the thief, robber or snatcher
Liability. The thief, robber, or looter is not the same person as the user of the motor vehicle, and the damage caused by a traffic accident is the responsibility
Any, of the motor vehicle.
The thief, robber or snatcher and the user of the motor vehicle shall bear joint and several liability.
The insurer shall have the right to claim compensation from the person responsible for the traffic accident if it advances the rescue expenses within the scope of the compulsory motor vehicle insurance liability limit.
Article 1216 If a motor vehicle driver escapes after a traffic accident, if the motor vehicle participates in compulsory insurance, the insurer shall insure the motor vehicle compulsory insurance.
Compensation shall be made within the limit of liability; the motor vehicle is unknown, the motor vehicle is not covered by compulsory insurance, or To
thepay
rescue cost exceeds the liability limit of motor vehicle compulsory insurance.
The rescue, funeral and other expenses of the victim's personal injury shall be paid in advance by the Social Relief Fund for Road Traffic Accidents. After the social assistance fund for road traffic accidents is advanced, its management
The management agency has the right to recover compensation from the person responsible for the traffic accident.
Article 1217 If a traffic accident of a non-operating motor vehicle causes damage to the unpaid passenger, which is the responsibility of the motor vehicle, its compensation shall be mitigated.
Liability for compensation, except for the intentional or gross negligence of the user of the motor vehicle.

Chapter VI Liability for Medical Damage
Article 1218: If a patient suffers damage during diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation
Ren.
Article 1219: Medical personnel shall explain the condition and medical measures to the patient during the diagnosis and treatment activities. Need to perform surgery, special inspections, special
In case of treatment, medical staff shall promptly explain the medical risks, alternative medical plans, etc. to the patient, and obtain their explicit consent;
The itpatient
is not said
possible or appropriate to contact the patient
If it is clear, it should be explained to the patient’s close relatives and their explicit consent should be obtained.
If medical personnel fail to fulfill their obligations in the preceding paragraph and cause harm to the patient, the medical institution shall be liable for compensation.
Article 1220. If the patient or his close relatives cannot be obtained due to emergency situations such as the rescue of a dying patient, the person in charge of the medical institution or
Approved by the person in charge authorized by the author, the corresponding medical measures can be implemented immediately.
Article 1221: If medical personnel fail to fulfill their duties of diagnosis and treatment corresponding to the current medical level in their diagnosis and treatment activities, and cause harm to the patient, the medical institution shall
The organization shall bear the liability for compensation.
Article 1222: If a patient is harmed during the diagnosis and treatment activities and has one of the following circumstances, it is presumed that the medical institution is at fault:
(1) Violating laws, administrative regulations, rules and other relevant regulations on diagnosis and treatment;
(2) To conceal or refuse to provide medical records related to the dispute;
(3) Loss, forgery, tampering with or illegal destruction of medical records.
Article 1223: If the patient is damaged due to defects in medicines, disinfection products, medical equipment, or unqualified blood input, the patient
to may
The holders of drug marketing authorizations, manufacturers, and blood supply institutions may request compensation, and may also request compensation from medical institutions. If the patient requests compensation from the medical institution, the medical
After compensation, the organization has the right to recover the compensation from the responsible drug marketing license holder, manufacturer, and blood supply organization.
Article 1224: Medical institutions shall not be liable for compensation if a patient suffers damage during diagnosis and treatment activities in any of the following circumstances:
(1) The patient or his close relatives do not cooperate with the medical institution to conduct diagnosis and treatment in compliance with the diagnosis and treatment standards;
(2) Medical staff have fulfilled their duty of reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying;
(3) Difficult to diagnose and treat due to the medical level at the time.
In the case of item 1 of the preceding paragraph, if the medical institution or its medical staff is also at fault, it shall bear the corresponding liability for compensation.
Article 1225: Medical institutions and their medical staff shall fill in and properly keep hospitalization records, medical orders, examination reports, surgery and anesthesia in accordance with regulations.
Intoxication records, pathological data, nursing records and other medical records.

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If a patient requests to consult or copy the medical record data specified in the preceding paragraph, the medical institution shall provide it in a timely manner.
Article 1226: Medical institutions and their medical staff shall keep the privacy and personal information of patients confidential. Disclose the patient’s privacy and personal information, or
Those who disclose their medical records without the patient’s consent shall bear tort liability.
Article 1227: Medical institutions and their medical staff shall not conduct unnecessary inspections in violation of the diagnosis and treatment regulations.
Article 1228 The lawful rights and interests of medical institutions and their medical staff shall be protected by law.
Anyone who interferes with medical order, obstructs the work and life of medical personnel, or infringes on the lawful rights and interests of medical personnel shall bear legal responsibility in accordance with the law.

Chapter VII Liability for Environmental Pollution and Ecological Damage
Article 1229: Where damage to others is caused by environmental pollution or ecological destruction, the infringer shall bear tort liability.
Article 1230: In the event of a dispute arising from environmental pollution or ecological damage, the perpetrator shall deal with the circumstances stipulated by law that do not bear responsibility or reduce responsibility and
There is no causal relationship between his actions and the damage, and he shall bear the burden of proof.
Article 1231: Where two or more infringers pollute the environment or damage the ecology, the degree of responsibility shall be based on the type,put
concentration, and emission of the pollutants.
The amount, the way, scope, and extent of the damage to the ecology, and the effect of the behavior on the consequences of the damage are determined.
Article 1232: If the infringer deliberately pollutes the environment or damages the ecology in violation of the law and causes serious consequences, the infringed person has the right to request corresponding punishment.
Penalty damages.
Article 1233: Where a third party’s fault pollutes the environment and damages the ecology, the infringed party may request compensation from the infringer or the third party
Ask for compensation. After the infringer has paid the compensation, it has the right to claim compensation from a third party.
Article 1234: If the ecological environment is damaged in violation of national regulations, and the ecological environment can be restored, the agency or organization specified by the state
The organization has the right to request the infringer to bear the repair responsibility within a reasonable period of time. If the infringer fails to repair within the time limit, the agency or the organization specified by the law may voluntarily
The infringer shall be responsible for the cost of repairing or entrusting others to repair it.
Article 1235: Where a violation of state regulations causes ecological environmental damage, state agencies or legal organizations shall have the right to request the infringer
Compensation for the following losses and expenses:
(1) Losses caused by the loss of service functions during the period from damage to the ecological environment and completion of restoration;
(2) Losses caused by permanent damage to ecological environment functions;
(3) Costs for ecological environment damage investigation, appraisal, etc.;
(4) Expenses for cleaning up pollution and restoring the ecological environment;
(5) Reasonable expenses for preventing the occurrence and expansion of damage.

Chapter 8 High Risk Liability
Article 1236 Anyone who engages in highly dangerous operations and causes damage to others shall bear tort liability.
Article 1237: If a nuclear accident occurs in a civil nuclear facility or nuclear material transported into or out of the nuclear facility and causes damage to others, the operation of the civil nuclear facility
The unit shall bear tort liability; however, it shall not be liable if it can be proved that the damage was caused by war, armed conflict, riots, etc. or the
Ren.
victim deliberately
Article 1238: Where a civil aircraft causes damage to others, the operator of the civil aircraft shall bear tort liability; however, the damage can be proved
harm
It was caused deliberately by the victim, and no responsibility is assumed.
Article 1239 Possession or use of flammable, explosive, highly toxic, highly radioactive, highly corrosive, highly pathogenic and other highly dangerous substances causing damage to others
In case of violation, the possessor or user shall bear tort liability; however, it shall not be liable if it can be proved that the damage was caused by the victim’s
Invadedintentional or force majeure.
If the right holder has gross negligence in the occurrence of the damage, the liability of the possessor or user can be reduced.
Article 1240: The operator shall bear the responsibility for damage to others caused by high-altitude, high-pressure, or underground excavation activities or the use of high-speed rail transportation.
Tort Liability; However, if it can be proved that the damage was caused by the victim's intention or force majeure, no liability shall be assumed. The Negligent
infringed is significant to the occurrence of the damage
, Can reduce the responsibility of the operator.

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Article 1241 If the loss or abandonment of highly dangerous objects causes damage to others, the owner shall bear tort liability. Everyone handed over highly dangerous materials
If it is managed by another person, the administrator shall bear tort liability; if the owner is at fault, he shall bear joint liability with the administrator.
Article 1242 Where the illegal possession of highly dangerous objects causes damage to others, the illegal possessor shall bear tort liability. Owner and manager cannot prove
If it is clear that a high degree of care is required to prevent illegal possession, it shall be jointly and severally liable with the illegal possessor.
Article 1243 When entering a highly dangerous activity area or a highly dangerous object storage area without permission is damaged, the manager can prove that it has
If adequate safety measures are taken and the duty of warning is fulfilled, the liability may be mitigated or not assumed.
Article 1244. Where the law provides for high-risk liability, the limit of compensation shall be in accordance with the provisions, but the perpetrator has deliberately or grossly neglied
except.

Chapter 9 Liability for Damage to Feeding Animals
Article 1245: Where a raised animal causes damage to others, the animal breeder or manager shall bear the tort liability; however, it can be proved damage
If the harm is caused by the intentional or gross negligence of the infringed, the liability may not be assumed or reduced.
Article 1246: In case of violation of management regulations by failing to take safety measures on animals and causing damage to others, the animal breeder or manager shall bear the infringement.
However, if it can be proved that the damage was caused deliberately by the infringed, the liability can be mitigated.
Article 1247 If dangerous animals such as fierce dogs that are prohibited from keeping cause damage to others, the animal breeder or manager shall bear tort liability.
Article 1248: If animals in a zoo cause damage to others, the zoo shall bear tort liability; however, it can prove that it has fulfilled its management duties
of
, Does not bear tort liability.
Article 1249: Where an abandoned or escaped animal causes damage to others during the abandonment or escape, the original animal keeper or manager shall bear the infringement.
responsibility.
Article 1250 If the animal causes damage to others due to the fault of a third party, the infringed person may request compensation from the animal breeder or manager.
You can also request compensation from a third party. After making the compensation, the animal breeder or manager has the right to claim compensation from a third party.
Article 1251: The raising of animals shall abide by laws and regulations, respect social ethics, and shall not hinder the lives of others.

Chapter X Liability for Damage to Buildings and Objects
Article 1252 If a building, structure, or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear the joint responsibility.
Responsibility, except that the construction unit and construction unit can prove that there are no quality defects. After the construction unit or construction
Have the
unit
right
hastocompensated, if there are other responsible persons,
Other responsible persons recover.
If a building, structure or other facility collapses or collapses due to the owner, administrator, user or third party, causing damage to others, the owner shall
Persons, administrators, users or third parties shall bear tort liability.
Article 1253 If a building, structure, or other facility and its shelved or suspended objects fall off or fall and cause damage to others, the owner,
tube
If the manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, administrator or user compensates, there are other
Yesresponsible persons
The right to seek compensation from other responsible persons.
Article 1254 Throwing objects from buildings is prohibited. Throwing objects from the building or objects falling from the building cause damage to others
The infringer shall bear the tort liability in accordance with the law; if it is difficult to determine the specific infringer after investigation, except for those
building
who can prove that he is not the infringer, the infringer shall be liable for the infringement.
The user shall give compensation. After making compensation, the user of the building that may have caused the damage has the right to claim compensation from the infringer.
Building managers such as real estate service enterprises shall take necessary security measures to prevent the occurrence of the circumstances specified in the preceding paragraph; fail to take necessary security measures
If it is implemented, it shall bear the tort liability for failure to perform its security guarantee obligations in accordance with the law.
In the event of the circumstances specified in the first paragraph of this article, the public security and other organs shall promptly investigate in accordance with the law and find out the person responsible.
Article 1255: If the stacked objects collapse, roll or fall and cause damage to others, and the stacker cannot prove that he is not at fault, he shall bear the infringement.
responsibility.
Article 1256: Where the piled, dumped, or scattered objects obstructing the passage on public roads cause damage to others, the perpetrator shall bear tort liability.
If the public road manager cannot prove that it has fulfilled its duties of cleaning, protection, warning, etc., it shall bear corresponding responsibilities.

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Article 1257: The owner or manager of the forest cannot prove that he has no damage due to broken, dumped, or fallen fruit.
Anyone who is at fault shall bear tort liability.
Article 1258 Excavation, repair and installation of underground facilities in public places or roads cause damage to others, and the constructor cannot prove that it has been installed.
Those who are clearly marked and take safety measures shall bear tort liability.
If underground facilities such as manholes cause damage to others, and the manager cannot prove that he has fulfilled his management duties, he shall bear tort liability.

By-laws
Article 1259 The terms "above", "below", "within", and "expiry" in the civil law include the number;
Including this number.
Article 1260 This law shall come into force on January 1, 2021. "Marriage Law of the People's Republic of China", "Inheritance Law of the
"Chinese
People's Republic of China",
The General Principles of the Civil Law of the People’s Republic of China, the Adoption Law of the People’s Republic of China, the GuaranteeChinese
Law ofPeople's
the People’s
Republic
Republic of China, the Contract Law of the People’s Republic of China,
The Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Principles of the Civil Law of the People's Republic of China shall be repealed at the same time.
Xinhua News Agency, Beijing, June 1st

Editor: Xia Hongzhen

Editing and proofreading: Xu Hang Zhou Yudong

Editor in charge: Yu Chen

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