General Principles of Civil Law of the People's Republic of China
[?19-150]
Adopted 12 April 1986 by the 4th Session of the 6th National People's Congress.
Chapter I — Fundamental Principles
Article_1
This Law is formulated in order to safeguard the legitimate rights and interests of
citizens and legal persons, to correctly regulate civil relations and to meet the requirements of the development of the construction of socialist modernisation, in accordance with the Constitution and actual conditions in China and drawing on the practical experience of civil activities.
Article_2
The Civil Law of the People's Republic of China regulates, on the basis of equality, the property and personal relationships between citizens, between legal persons and between citizens and legal persons.
Article_3
Parties concerned shall enjoy equality of position in their civil activities.
Article_4
Civil activities shall respect the principles of voluntary participation, equity, compensation at equal value and honesty and trustworthiness.
Article_5
The legitimate rights and interests of citizens and legal persons are protected by law and may not be violated by any organisation or individual.
Article_6
Civil activities must respect the law. Where the law has no provisions with regard to civil activities, they shall respect State policies.
Article_7
Civil activities shall respect social moral principles and shall not harm the common interests of society, damage State economic plans or disrupt social economic order.
Article_8
Unless otherwise stipulated by law, the laws of the People's Republic of China shall apply to civil activities carried out within the territory of the People's Republic of China.
Unless otherwise stipulated by law, the provisions of this Law with regard to citizens apply to foreign nationals and stateless persons within the territory of the People's Republic of China.
Chapter II — Citizens (Natural Persons)
Section 1: Civil Legal Capacity and Capacity for Civil Acts
Article_9
Commencing at the time of birth and ceasing at the time of death, citizens have civil legal capacity and, according to law, enjoy civil rights and bear civil obligations.
Article_10
The civil legal capacity of all citizens is equal.
Article_11
A citizen attains majority at the age of eighteen. He possesses full capacity for civil acts and may independently engage in civil activities. He is a person of full capacity for civil acts.
A citizen of sixteen or more years of age who has not attained the age of eighteen and whose main source of livelihood is income obtained from his own work is deemed to be a person of full capacity for civil acts.
Article_12
A minor of ten or more years of age is a person of limited capacity for civil acts and may engage in civil activities commensurate with his age and intellect. In other civil activities he is to be represented by his legal agent or obtain the consent of the legal agent.
A minor under the age of ten years is a person of no capacity for civil acts. Civil activities are to be carried out on his behalf by his legal agent.
Article_13
A person who is mentally unsound and incapable of discretion in his own actions has
no capacity for civil acts and shall be represented in his civil activities by his legal agent.
A person who is mentally unsound and not completely capable of discretion in his own actions is a person of limited capacity for civil acts and may engage in civil activities commensurate with his state of mental health. In other civil activities he shall be represented by his legal agent.
Article_14
The guardian of any person of limited or no capacity for civil acts is that person's legal agent.
Article_15
The place in which a citizen is registered as living shall be his domicile. Where a person's domicile and usual place of residence are not the same, his usual place of residence shall be deemed to be his domicile.
Section 2 : Guardianship
Article_16
The parents of a minor are the guardians of that minor.
If the parents of a minor are deceased or are incapable of guardianship, guardianship shall be undertaken by any of the following persons who are capable of guardianship: (i) grandparents (paternal or maternal); (ii) elder brothers, elder sisters;
(iii) other relatives or friends with a close relationship to the minor who are willing to accept the responsibility of guardianship, with the approval of the units of the minor's parents or of the neighbourhood or village committee of the locality in which the minor is domiciled.
In the event of a dispute with regard to guardianship, the units of the parents of the minor or the neighbourhood or village committee of the locality in which the minor is domiciled shall appoint a guardian from among the close relatives of the minor. If legal proceedings are instituted as a result of a disagreement with the appointment, the People's Court shall issue a ruling.
In the absence of guardians as stipulated above, the units of the minor's parents or the neighbourhood or village committee or department of civil administration of the
locality in which the minor is domiciled shall accept guardianship.
Article_17
In the case of a mentally ill person with no capacity for civil acts, guardianship shall be undertaken by any of the following persons: (i) spouse; (ii) parents;
(iii) children who have attained majority; (iv) other close relatives;
(v) other relatives or friends with a close relationship to the mentally ill person who are willing to accept guardianship and who have the consent of the mentally ill person's unit or of the neighbourhood or village committee of the locality in which the mentally ill person is domiciled.
In the event of a dispute with regard to guardianship, the unit of the mentally ill person or the neighbourhood or village committee of the locality in which the mentally ill person is domiciled shall appoint a guardian from among the close
relatives of the mentally ill person. If legal proceedings are instituted as a result of a disagreement with the appointment, the People's Court shall issue a ruling. In the absence of a guardian as stipulated above, the mentally ill person's unit or the neighbourhood or village committee or department of civil administration of the locality in which the mentally ill person is domiciled shall accept guardianship.
Article_18
A guardian shall carry out the duties of a guardian and protect the person, property and other legitimate rights and interests of his ward. A guardian may not dispose of a ward's property except in the interests of the ward.
A guardian is protected by law in his exercise, according to the law, of his guardianship rights.
Should a guardian not perform his guardianship duties or should he violate the legitimate rights and interests of his ward, he shall bear responsibility. Should a guardian cause loss to the property of a ward, such loss shall be compensated for. The People's Court may revoke a guardian's status in response to a petition by a relevant person or unit.
Article_19
An interested person may apply to the People's Court to have a mentally ill person declared a person of limited or no capacity for civil acts.
A person declared by the People's Court to be a person of limited or no capacity for civil acts may have limited or full capacity for civil acts proclaimed by the People's Court, depending on that person's state of recovery and on the basis of an application by the person himself or by an interested person.
Section 3: Declaration of Disappearance or Death
Article_20
If the whereabouts of a citizen remain unknown for a full two years, an interested party may apply to the People's Court to have the citizen declared a missing person. If the citizen's whereabouts are unknown during a period or war, the period for which his whereabouts are unknown shall be calculated from the date of conclusion of the war.
Article_21
The property of a missing person is to be administered by the person's spouse,
parents, adult children or other close relative or friend. In the event of a dispute with regard to administration, or in the absence of a person as stipulated above or where a person stipulated above is incapable of administering the property, the People's Court will appoint an administrator.
Taxes owed, debts and other moneys due by the missing person shall be paid by the administrator from the property of the missing person.
Article_22
If a person who has been declared missing reappears or if his whereabouts are
determined, the People's Court shall, upon application by the person himself or by an interested party, cancel the declaration of disappearance.
Article_23
Should any one of the following circumstances apply to a citizen, an interested party may apply to the People's Court to have the person declared dead: (i) the person's whereabouts are unknown for a full four years;
(ii) the person has remained without trace as a result of an accident for a full two