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Chapter 早 I Basic PrinciplesArticle 条 1 This Law is formulated 制定 in accordanee with 根据 the Constitution 宪法 and the actual situation 实际情况 in our country, drawing upon 总结 our practical experience in civil activities 民事活动,for the purpose of protecting the lawful civil rights and interests 合法的民事权益 of citizens and legal persons 法人 and correctly adjusting civil relations 民事关系,so as to meet the needs of the developing socialist modernization 社会主义现代化事业发展Article 2 The Civil Law of the People s Republic of China 中华人民共和国民法 shall adjust property relationships 财产关 系 and pers onal relati on ships 人身关系 betwee n civil subjects with equal status, that is, betwee n citize ns, betwee n legal pers ons and betwee n citize ns and legal pers ons.Article 3 Parties 主体 to a civil activity shall have equal status地位平等.Article 4 In civil activities, the principles of voluntariness 自愿,fairness, making compensation for equal value 等价有偿, honesty and credibility 诚实信用 shall be observed 遵循.Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no organization or in dividual may infringe upon 侵犯 them.Article 6 Civil activities must be in complia nce with 遵守 the law; where there are no releva nt provisi ons 相关规定 in the law, they shall be in compliance with state policies.Article 7 Civil activities shall have respect for social ethics 公德 and shall not harm the public interest 公共利益,undermine state economic plans or disrupt 扰舌L social economic order.Article 8 The law of the People s Republic of China shall apply to 适用于 civil activities within the People s Republic of China, except as otherwise stipulated by law 法律另有规定的除夕卜.The stipulations 规定 of this Law as regards 关于 citizens shall apply to foreigners and stateless无国籍的 persons within the People s Republic of China, except as otherwise stipulated by law.Chapter 章 II Citizen (Natural Person)Section 节 1 Capacity for Civil Rights 民事权利能力and Capacity for Civil Conduct 民事行为能力.Article 条 9 A citizen shall have the capacity for civil rights from birth to death and shall enjoy 享有 civil rights and assume 承担 civil obligations 义务 in accordance with the law.Article 10 All citize ns are equal as regards their capacity for civil rights.Article 11 A citize n aged 18 or over shall be an adult. He shall have full capacity for civil con duct, may in depe nden tly 独立 en gage in 参力口 civil activities and shall be called a pers on with full capacity for civil con duct.A citize n who has reached the age of 16 but not the age of 18 and whose main source of in come is his own labour shall be regarded as a pers on with full capacity for civil con duct.Article 12 A mi nor 未成年人 aged 10 or over shall be a pers on with limited capacity for civil con duct and mayen gage incivil activities appropriate to 适应 his age and in tellect; in other civil activities, he shall be represe nted by his age nt ad litem 法定 代理人 or participate with the consent 同意 of his age nt ad litem.A minor un der the age of 10 shall be a pers on hav ing no capacity for civil con duct and shall be represe nted in civil activities by his age nt ad litem.Article 13 A men tally ill pers on who is un able toacco unt for 辨认 his own con duct shall be a pers on hav ing no capacity forcivil con duct and shall be represe nted in civil activities by his age nt ad litem.A men tally ill pers on who is un able to fully acco unt for his own con duct shall be a pers on with limited capacity for civil con duct and may en gage in civil activities appropriate to his men tal health; in other civil activities, he shall be represe nted by his age nt ad litem or participate with the consent of his age nt ad litem.Article 14 The guardia n 监护人 of a pers on without or with limited capacity for civil con duct shall be his age nt all item.Article 15 The domicile 住所 of a citizen shall be the place where his residence居住地 is registered 登记注册;if his habitual residence经常居住地 is not the same as his domicile, his habitual residence shallbe regarded as视为 his domicile.Section 2 Guardia nship 监护Article 16 The parents of a minor shall be his guardians 监护人.If the parents of a minor are dead or lack the competence 能力 to be his guardian, a person from the following categories 人 员 who has the competence to be a guardian shallact as his guardian:(1) paternal or maternal grandparent祖父母 夕卜祖父母;(2) elder brother or sister;(3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval 同意 from the units 单位 of the minor s parents or from the neighbourhood or village committee 村民委员会 in the place of the minor s reside nee居民委员会 .In case of 如果 a dispute 争议 over guardians, the units of the minor s parents or the neighbourhood or village committee in the place of his reside nee shall appo int 指定 a guardia n from among the minor s n ear relatives 近亲属.If disagreeme nt 不服 over the appointment leads to a lawsuit 诉讼,the people s court 人民法院 shall make a ruling 裁决.If none of the persons listed in the first two paragraphs规定 of this article is available to be the guardian, the units of the minor s parents, the neighbourhood or village committee in the place of the minor s residence or the civil affairs department 民政 部门 shall act as his guardian.Article 17 A pers on from the followi ng categories 人员 shall act as guardia n for a men tally ill pers on 精神病人 without or with limited capacity for civil con duct:(1) spouse配偶；(2) pare nt;(3) adult child;(4) any other n ear relative;(5) any other closely connected 关系密切 relative or friend willing to bear the responsibility of guardianship and having approval from 经同意 the unit to which the men tally ill pers on bel ongs or from the n eighbourhood or village committee in the place of his reside nce.In case of a dispute 争议 over guardia nship, the unit to which the men tally ill pers on bel ongs or the n eighbourhood or village committee in the place of his residence shall appoint a guardian from among his near relatives.If disagreementover the appointment leads to a lawsuit 诉讼,the people s court 法院 shall make a ruling 裁定.If none of the pers ons listed in the first paragraph of this article is available to be the guardia n, the un it to which the men tally ill pers on bel on gs, the neighbourhood or village committee in the place of his residence or the civil affairs department 民政部门 shall act as his guardia n.Article 18 A guardian shall fulfill his duty 履行职责 of guardianship and protect the person, property and other lawful rights and in terests of his ward 被监护人.A guardia n shall not han dle the property of his ward uni ess 除非 it is in the ward s in terests.A guardian s rights to fulfill his guardianship in accordance with the law shall be protected by law.If a guardian does not fulfill his duties as guardian or infringes 侵害 upon the lawful rights and interests of his ward, he shall be held responsible 承担责任;if a guardian causes any property loss for对造成财产损失 his ward, he shall compensate for赔 偿 such loss. The people s court maydisqualify 撤销资格 a guardian based on根据 the application 申请 of a concerned party有 关人员 or un it.Article 19 A person who shares interests with 利害关系人 a mental patient may apply to 向申请 a people s court for a declarati on 宣告 that the men tal patie nt is a pers on without or with limited capacity for civil con duct.With the recovery of the health of a person who has been declared by a people s court to be without or with limited capacity for civil con duct, and upon his own applicati on or that of an in terested pers on 利害关系人 ,the people s court may declare him to be a pers on with limited or full capacity for civil con duct.Section 3 Declarations of Missing 失踪 Persons and DeathArticle 20 If a citizen s whereabouts下落 have been unknown for two years, an interested person may apply to a people s court for a declaration of the citizen s missing 失踪宣告.If a person s whereabouts become unknown during a war, the calculation 计算 of the time period in which=when his whereabouts are unknown shall begi n on the final day of the war.Article 21 A missing person s property shall be placed in the custody 管理 of his spouse, parents, adult children or other closely conn ected relatives or frie nds.In case of a dispute over custody, if the pers ons stipulated 规定 above are un available or are in capable of taking such custody, the property shall be placed in the custody of a pers on appo in ted by the people s court.Any taxes 税,debts 债务 and other unpaid expenses owed by a missing person shalldefrayed 支付 by the custodian 代管人 out of the miss ing pers on s property.Article 22 In the eve nt that a person who has bee n declared miss ing reappears 重新出现 or his whereabouts are ascerta ined 确认,the people s court shall, upon 基于 his own application or that of an interested person, revoke 撤销 the declaration of his miss in g-pers on status.Article 23 Under either of the following circumstances 情形,an interested person may apply to the people s court for a declarati on of a citize n s death:(1) if the citizen s whereabouts have been unknown for four years or(2) if the citizen s whereabouts have been unknown for two years after the date of an accident in which he was involved.If a person s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begi n on the final day of the war.Article 24 In the eve nt that a pers on who has bee n declared dead re appeals or it is as certai ned that he is alive , the people s court shall, upon his own applicati on or that of an in terested pers on, revoke the declarati on of his death.Any civil juristic acts 民事法律行为 performed by a pers on with capacity for civil con duct duri ng the period in which he has bee n declared dead shall be valid 有效.Article 25 A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such property in accordanee with the Law of Succession 继承法 shall return the origi nal items 返还原物 or make appropriate compe nsati on 适当补偿 if the origi nal items no Ion ger exist 不再存在.Sectio n 4 In dividual Busi nesses 个体工商户 and Lease holdi ng Farm Households 农村承包经营户Article 26“ In dividual bus in esses ” refers to bus in ess run by in dividual citize ns who have bee n lawfuegistered 登记 andapproved 批准 to en gage in in dustrial or commercial operati on 工商业经营 within the sphere permitted by law. An in dividual bus in ess may adopt a shop n ame.Article 27“Lease holding farm households农村承包经营户refers to members of a rural 农村 collective 集体 economicorga ni zati on who en gage in commodity product ion 商品经营 un der a con tract 合同 and within the spheres permitted by law.Article 28 The legitimate 合法的 rights and in terests of in dividual bus in esses and lease holdi ng farm households 农村承包经 营户 shall be protected by law.Article 29 The debts 债务 of an in dividual bus in ess or a lease holdi ng farm household shall be secured with 以A 承担 the in dividual s property if the bus in ess is operated 经营 by an in dividual and with the family s property if the bus in ess is operated by a family.Section 5 In dividual Part nership 个人合伙Article 30“ In dividual part nershipefersto 是扌旨 two or more citize ns associated in a bus in ess and work ing together, witheach providing funds 资金,material objects 实物,techniques and so on according to an agreement协议.Article 31 Partners 合伙人 shall make a written agreement 订立书面协议 covering the funds each is to provide 出资数额, the distribution of profits 盈余分配,the responsibility for debts, the entering into and withdrawal 退出 from partnership, the ending 终止 of partnership and other such matters.Article 32 The property provided by the partners shall be under their unified 统一 management and use.The property accumulated 积累 in a partnership operation shall belong to all the partners.Article 33 An in dividual part nership may adopt a shop n ame 字号;it shall be approved and registered 核准登记 in accorda nee with the law and con duct bus in ess operati ons withi n the range as approved and registered.Article 34 The operati onal activities 经营活动 of an in dividual part nership shall be decided joi ntly 共同 by the part ners, who each shall have the right to carry out 执行 and supervise监督 those activities.The partners may elect a responsible person 负责人.All partners shall bear civil liability 承担民事责任 for the operational activities of the responsible person and other personnel 人员.Article 35 A partnership s debts shall be secured with the partners property in proportion to their respective contributions to the investment 出资 or according to the agreement made.Partners shall undertake joint liability 承担连带债务 for their partnership s debts, except as otherwise stipulated by law. Any partner who overpays his share of the partnership s debts shall have the right to claim compensation from 追偿 the other partners. Chapter III Legal PersonsSection 1 General Stipulatio ns 般规定Article 36 A legal pers on shall be an orga ni zati on that has capacity for civil rights and capacity for civil con duct and independently enjoys civil rights and assumes civil obligations 义务 in accordanee with the law.A legal pers on s capacity for civil rights and capacity for civil con duct shall begi n whe n the legal pers on is established 成立 and shall end whe n the legal pers on term in ates 终止.Article 37 A legal person shall have the following qualifications 条件:(1) establishment in accordance with the law;(2) possession of the necessary property orfunds 经费;(3) possession of its own name, organization and premises场所;and(4) ability to independently bear civil liability .Article 38 In accordance with the law or the articles of association 章程 of the legal person, the responsible person who acts on behalf of the legal person in exercising its functions and powers 行使职权 shall be its legal representative 法定代表人.Article 39 A legal person s domicile 住所 shall be the place where its main administrative office 主要办事机构 is located.Article 40 Whe n a legal pers on termi nates 终止,it shall go into liquidati on 清算 in accorda nce with the law and dis con ti nue all other activities.Section 2 En terprise as Legal Person 企业法人Article 41 An en terprise owned by the whole people or un der collective own ership shall be qualified as a legal pers on whe n it has sufficient funds as stipulated by the state; has articles ofassociation 章程 , an organization and premises场所;has the ability to in depe nden tly bear civil liability; and has bee n approved and registered by the compete nt authority 主管机关.
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