years from the date of the accident.
If disappearance occurs during a time of war, the period for which the person's
whereabouts are unknown shall be calculated from the date of conclusion of the war.
Article_24
If a person who has been declared dead reappears or if it is determined that the
person has not died, the People's Court shall, upon application by the person himself or by an interested party, cancel the declaration of death.
Civil law acts carried out by a person with capacity for civil acts during a period in which the person is declared dead are valid.
Article_25
A person, the declaration of whose death has been cancelled, has the right to request return of his property. Any citizen or organisation which has acquired the person's property in accordance with inheritance laws shall return the original property. If the original property no longer exists, appropriate compensation shall be made. Section 4: Individual Industrial and Commercial Households and Rural Contracting
Households
Article_26
A citizen who, within the scope permitted by the law and following examination, approval and registration according to the law, engages in industrial or commercial business is an individual industrial and commercial household may adopt a business name.
Article_27
A member of a collective rural economic organisation who, within the scope permitted by the law, engages in commodity business in accordance with the provisions of a contract is a rural contracting household.
Article_28
The legitimate rights and interests of individual industrial and commercial households and rural contracting households are protected by law.
Article_29
The debts of individual industrial and commercial households and rural contracting households shall, where such enterprises are individually operated, be undertaken
with the property of the individual. Where operation is by a household, they shall be undertaken with the property of the household.
Section 5: Partnership between Individuals
Article_30
Partnership between individuals refers to two or more citizens operating in partnership or working together in accordance with an agreement, with each contributing such things as funds, property and technology.
Article_31
The partners must conclude a written agreement on such matters as amount of capital contribution, distribution of profits, responsibility for debts, entry into and withdrawal from the partnership and termination of the partnership.
Article_32
Property invested by the partners shall be administered and utilized jointly by the partners.
Property accumulated through the business activities of a partnership is owned jointly by the partners.
Article_33
A partnership between individuals may adopt a business name and, following
examination, approval and registration according to the law, may engage in business within the scope approved and registered.
Article_34
The business activities of a partnership between individuals shall be decided jointly by the partners. The partners have both executive and supervisory rights.
The partners in a partnership may elect a managing partner. Civil liability for the business activities of the managing partner and other personnel is borne jointly by all the partners.
Article_35
Liability for the debts of a partnership shall be undertaken by the partners with their respective property, according to the proportion of their contributed capital. The partners shall undertake joint liability for the debts of a partnership, unless
otherwise stipulated by law. Any partner whose repayment of a debt of the
partnership exceeds his personal liability has the right to seek compensation from the other partners.
Chapter III — Legal Persons Section 1: General Provisions
Article_36
A legal person is an organisation which possesses civil legal capacity and capacity for civil acts and which, according to the law, independently enjoys civil rights and assumes civil obligations.
The civil legal capacity and capacity for civil acts of a legal person arise from the time of establishment of the legal person and cease to exist upon the termination of the legal person.
Article_37
A legal person must fulfil the following conditions: (i) it must be established in accordance with the law; (ii) it must possess the necessary property or funds;
(iii) it must have its own name, organisational structure and premises; (iv) it must be capable of independently bearing civil liability.
Article_38
A person who, in accordance with the law or the articles of association of the legal person, is responsible for representing the legal person in the exercise of its duties and functions is the legal representative of the legal person.
Article_39
The location of the main place of work of a legal person is the domicile of the legal person.
Article_40
Upon termination, a legal person shall carry out liquidation and cease activities which are beyond the scope of the liquidation.
Section 2: Corporations
Article_41
Enterprises under the ownership of the whole people or under collective ownership which have funds in conformity with State regulations, which have articles of association and an organisational structure and premises, and which are capable of independently assuming civil liability qualify for the status of a corporation following examination, approval and registration by their department in charge. Sino-foreign joint equity enterprises, Sino-foreign co-operative enterprises and enterprises with sole foreign investment established within Chinese territory which fulfil the conditions of a legal person shall acquire the status of a Chinese corporation following examination, approval and registration according to the law by the industrial and commercial administrative authorities.
Article_42
A corporation shall operate within its approved and registered scope of business.
Article_43
A corporation shall assume civil liability for the business activities of its legal representatives or other employees.
Article_44
Separation, merger or other major changes to a corporation shall be registered with the original registering body and publicly announced.
Following separation or merger of a corporation, its rights and obligations shall be enjoyed and assumed by the subsequently formed legal person.
Article_45
A corporation shall terminate under any one of the following circumstances: (i) legal annulment; (ii) dissolution;
(iii) legal declaration of bankruptcy; (iv) other reasons.
Article_46
Should a corporation terminate, it shall carry out procedures with the original registering body for cancellation of its registration and shall make a public announcement.
Article_47
Upon dissolution of a corporation, a liquidation group shall be established to carry out liquidation. If a corporation has been annulled or declared bankrupt, the department in charge or People's Court shall organise the relevant bodies or personnel to form a liquidation group to carry out liquidation.
Article_48
A corporation under the ownership of the whole people shall assume civil liability with the property provided to it by the State for the purpose of business operations. A corporation under collective ownership shall assume civil liability with the property of the enterprise. Sino-foreign joint equity corporations, Sino-foreign co-operative corporations and corporations with sole foreign investment shall all assume civil liability with the property of the respective corporation, except where otherwise stipulated by the law.
Article_49
Should any one of the following circumstances apply to a corporation, it shall assume liability and, in addition, its legal representative may be subject to
administrative sanction or a fine; if a crime is constituted, criminal liability shall be investigated and determined according to the law:
(i) carrying out illegal business activities beyond the scope of subiness approved and registered by the registration body;
(ii) concealing the true facts from the registration or tax authorities, or practising fraud;
(iii) extracting funds or concealing assets for the purpose of evading debts; (iv) disposing of property without authorisation following dissolution, annulment or declaration of bankruptcy;
(v) failing to apply immediately for the registration and public announcement of a change or of termination, causing an interested party to sustain substantial loss; (vi) engaging in other activities prohibited by law, causing damage to State or common public interests.