agreement, fulfil the obligation or bear joint liability. After it fulfils the obligation, the guarantor has the right to seek compensation from the debtor.
(ii) A debtor or third party may provide certain assets as security. If the debtor fails to discharge its debt, the creditor shall have the right to receive priority in payment by, according to the provisions of the law, converting the security to its value or by selling the secured assets.
(iii) One party may, within the scope stipulated by law, pay a deposit to the other party. Following discharge of the debt by the debtor, the deposit shall be deducted from the price or refunded. If the party which paid the deposit fails to discharge the debt, it shall have no right to demand the refund of the deposit. If the party which accepted the deposit fails to fulfil its obligations, it shall repay double the original deposit amount.
(iv) If one party possesses, in accordance with a contract, the property of another party and the other party fails to pay the sum of money agreed in the contract within the time agreed, the party in possession of the property shall have the right to retain the property and, according to law, to receive priority in payment by converting the property to its value or by selling the property.
Article_90
Lawful creditor-debtor relationships are protected by law.
Article_91
If one party to a contract assigns, in full or in part, its rights and obligations under the contract to a third party, it must obtain the agreement of the other party to the contract and may not seek to make a profit. Any contract which, according to the law, had to be approved by the State must be re-approved by the original approving body, except where otherwise stipulated by law or the provisions of the contract.
Article_92
If improper benefits are obtained without legal basis and damage is caused to another party, the illegally gained profits must be returned to the party which suffered such damage.
Article_93
If a party undertakes management or a service without a legal or agreed obligation in order to avoid harm to the interests of another party, it shall have the right to demand from the benefiting party compensation for the necessary expenses incurred thereby.
Section 3: Intellectual Property Rights
Article_94
Citizens and legal persons enjoy rights of authorship (copyright). According to law, they have such rights as those to sign, issue, publish and be remunerated.
Article_95
Patent rights obtained according to the law by citizens or legal persons are protected by law.
Article_96
The exclusive right to use a trademark obtained, according to the law, by a legal person, individual industrial and commercial household or a partnership between individuals is protected by law.
Article_97
Citizens enjoy the right of discovery with regard to their own discoveries. A
discoverer has the right to apply for and obtain a certificate of discovery, a monetary award or other award.
Citizens have the right, with regard to their own inventions or other scientific and technical achievements, to apply for and obtain a certificate of honour, monetary award or other award.
Section 4: Personal Rights
Article_98
Citizens enjoy the right to life and to health.
Article_99
Citizens enjoy the right to a name and have the right to determine, use and, in
accordance with regulations, to change their own names. It is prohibited for a person to interfere with, fraudulently use or to pass himself off under another citizen's name. Legal persons, individual industrial and commercial households and partnerships between individuals enjoy the right to a business name. Corporations, individual industrial and commercial households and partnerships between individuals have the right to use and, in accordance with the law, to transfer their own business names.
Article_100
Citizens enjoy the right of portrait. A citizen's portrait may not be used for the purpose of obtaining a profit without the permission of the citizen himself.
Article_101
Citizens and legal persons enjoy the right of reputation. The human dignity of citizens is protected by law. It is prohibited to harm the reputation of a citizen or legal person by such means as insult or libel.
Article_102
Citizens and legal persons enjoy the right to honour. It is prohibited to illegally strip a citizen or legal person of an honorary title.
Article_103
Citizens enjoy the right of freedom of choice in marriage. Mercenary marriages, arranged marriages and other actions which interfere with freedom in marriage are prohibited.
Article_104
Marriage, the home, old people and mothers and children are protected by law. The legitimate rights and interests of disabled persons are protected by law.
Article_105
Women enjoy civil rights equal to those of men.
Chapter VI — Civil Liability Section 1: General Provisions
Article_106
A citizen or legal person who violates a contract or fails to fulfil other obligations shall assume civil liability.
A citizen or legal person who through his own fault infringes upon State or collective property or upon another person, or who harms another person, shall assume civil liability.
If he is not at fault but the law stipulates that he shall assume civil liability, he shall
assume such liability.
Article_107
If a contract is unable to be performed or damage caused to another person for
reasons of force majeure, civil liability is not borne unless otherwise stipulated by the law.
Article_108
Debts shall be fully discharged. If a debtor is temporarily unable to repay a debt he may, with the consent of the creditor or as a result of a ruling by the People's Court, repay the debt in instalments. If he is capable of repaying the debt but refuses to do so, the People's Court shall issue a verdict to enforce the repayment.
Article_109
If a person suffers damage as a result of preventing or stopping an infringement upon State or collective property or upon the property or body of another person, the person committing the infringement shall be liable to compensate. The beneficiary may also provide appropriate compensation.
Article_110
If it is necessary to investigate and determine administrative liability with regard to a citizen or legal person bearing civil liability, such administrative liability shall be investigated and determined. If a criminal offence is constituted, the criminal liability of the citizen or of the legal representative of the legal person shall be investigated and determined.
Section 2: Civil Liability for Breach of Contract
Article_111
If one party fails to fulfil its contractual obligations or if the performance of such contractual obligations fails to comply with the agreed conditions, the other party shall have the right to demand performance or to take remedial measures and shall also have the right to claim damages.
Article_112
The liability for damages of a party in breach of contract shall correspond to the loss sustained as a result by the other party.
The parties may agree in the contract that if one party breaches the contract it shall pay a fixed amount to the other party as a default payment. The parties may also
agree in the contract on a method of calculation of damages for breach of contract.
Article_113
In the case of breach of a contract by both parties to the contract, each party shall bear its respective civil liability.
Article_114
If one party suffers damage as a result of breach of contract by the other party, it shall take immediate measures to prevent the damage from extending. If it fails to take immediate measures and the damage does extend, it shall have no right to claim compensation for the additional damage.
Article_115
Modification or termination of a contract shall not affect the rights of the parties to claim damages.
Article_116
If a party is unable to fulfil its contractual obligations as a result of the actions of a higher authority it shall, as agreed in the contract, compensate the other party or adopt other remedial measures, following which the higher authority shall be responsible for handling the loss it will consequently have sustained.
Section 3: Civil Liability for Infringement of Rights
Article_117
If State or collective property or the property of another person is seized, it shall be returned. If the property is unable to be returned, monetary compensation of an equivalent value shall be paid.
If State or collective property or the property of another person is damaged, such property shall be restored to its original state or monetary compensation of an equivalent value paid.
Should the victim sustain further serious damage as a result, the infringing person shall also pay compensation for such damage.
Article_118
If a citizen's or legal person's right of authorship (copyright), patent right, right to the exclusive use of a trademark, right of discovery, right of invention or other right pertaining to scientific or technical achievements is infringed upon in the form of