The People's Republic of China Civil Code

the People's Republic of China Civil Code

(Adopted at the Third Session of the Thirteenth National People's Congress on May 28, 2020)

Directory

Part I General Provisions

Chapter I Basic Provisions

Chapter II Natural Persons

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct

Section 2 Guardianship

Section III. Declaration of disappearance and declaration of death

Section 4 Individual Industrial and Commercial Households and Rural Contractual Households

Chapter III Legal Persons

Section 1 General Provisions

Section 2 For-profit Legal Persons

Section 3 Non-profit Legal Persons

Section IV Special Legal Persons

Chapter IV Unincorporated Organizations

Chapter V Civil Rights

Chapter VI Civil Juristic Acts

Section 1 General Provisions

Section 2 Meaning

Section 3 Validity of Civil Juristic Acts

Section IV. Conditions and deadlines attached to civil juristic acts

Chapter VII Agency

Section 1 General Provisions

Section 2 Proxy

Section 3 Termination of Agency

Chapter VIII Civil Liability

Chapter IX Limitation of Actions

Chapter 10 Period Calculation

Part II Property Rights

Part I General Principles

Chapter I General Provisions

Chapter II Establishment, Alteration, Transfer and Extinguishment of Real Rights

Section 1 Registration of Real Estate

Section 2 Delivery of movable property

Section 3 Other Provisions

Chapter III Protection of Real Right

Ownership of the second sub-part

Chapter IV General Provisions

Chapter V State Ownership, Collective Ownership and Private Ownership

Chapter 6 The owner's building is divided ownership.

Chapter VII Adjacent Relations

Chapter VIII Common

Chapter IX Special Provisions on the Ownership

Sub-part 3 usufructuary rights

Chapter X General Provisions

Chapter XI Right to the Contracted Management of Land

Chapter XII Right to Use Land for Construction

Chapter XIII Right to Use Homestead

Chapter XIV Right of Residence

Chapter XV Easement

Subpart 4 Security interests

Chapter XVI General Provisions

Chapter XVII Mortgage

Section 1 General Mortgages

Section 2 Maximum Mortgage

Chapter XVIII Pledge

Section 1 Pledge of movable property

Section 2 Pledge of Rights

Chapter 19 Lien

Subpart V Possession

Chapter 20 Possession

Part III Contracts

Part I General Principles

Chapter I General Provisions

Chapter II Conclusion of Contracts

Chapter III Effectiveness of Contracts

Chapter IV Performance of the Contract

Chapter V Preservation of Contracts

Chapter VI Alteration and Assignment of Contracts

Chapter VII Termination of Rights and Obligations of Contracts

Chapter VIII Liability for Breach of Contract

Sub-Part II Typical Contracts

Chapter IX Sales Contracts

Chapter X Contracts for the Supply of Electricity, Water, Gas and Heat

Chapter XI Gift Contract

Chapter XII Loan Contracts

Chapter XIII Guarantee Contract

Section 1 General Provisions

SECTION 2 GUARANTEE LIABILITY

Chapter XIV Lease Contracts

Chapter XV Financial Lease Contracts

Chapter XVI Factoring Contracts

Chapter XVII Contracts for Contracting

Chapter XVIII Construction Contract

Chapter XIX Contract of Carriage

Section 1 General Provisions

Section 2 Passenger Transport Contract

Section III Freight Contract

Section IV Multimodal Transport Contracts

Chapter 20 Technology Contracts

Section 1 General Provisions

Section 2 Technology Development Contract

Section 3 Technology Transfer Contracts and Technology Licensing Contracts

Section IV Technical Consulting Contracts and Technical Service Contracts

Chapter XXI Safekeeping Contracts

Chapter 22 Warehousing Contract

Chapter 23 Entrustment Contract

Chapter 24 Property Service Contracts

Chapter 25 Disciplinary Contracts

Chapter 26 Intermediary Contracts

Chapter 27 Partnership Contracts

Sub-part III Quasi-contract

Chapter 28 Management without cause

Chapter 29 Unjust enrichment

Part IV Right of personality

Chapter I General Provisions

Chapter II The Right to Life, Body and Health

Chapter III Right of Name and Name

Chapter IV Portrait Rights

Chapter V Right of Reputation and Honor

Chapter VI Privacy and Protection of Personal Information

Part V Marriage and Family

Chapter I General Provisions

Chapter II Marriage

Chapter III Family Relations

Section 1 Relationship between husband and wife

Section 2 Relationship between parents and children and other close relatives

Chapter 4 Divorce

Chapter V Adoption

Section 1 Establishment of Adoptive Relationship

Section 2 Effect of Adoption

Section 3 Dissolution of Adoptive Relationship

Part VI Inheritance

Chapter I General Provisions

Chapter II Statutory Succession

Chapter III Testamentary Succession and Legacy

Chapter IV Treatment of Heritage

Part 7 Liability for Tort

Chapter I 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 Responsibility for Environmental Pollution and Ecological Damage

Chapter VIII Highly Dangerous Liability

Chapter IX Liability for Damage Caused by Raising Animals

Chapter X Liability for Damage to Buildings and Objects

Supplementary Provisions

Part I General Provisions

Chapter I Basic Provisions

Article 1 In order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, and promote socialist core values, this law is formulated in accordance with the Constitution.

Article 2 The civil law adjusts the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects.

Article 3 The personal rights, property rights and other lawful rights and interests of civil subjects shall be protected by law, and no organization or individual may infringe upon them.

Article 4 All civil subjects shall have equal legal status in civil activities.

Article 5 When engaging in civil activities, civil subjects shall follow the principle of voluntariness and establish, change or terminate civil legal relations according to their own will.

Article 6 When engaging in civil activities, a civil subject shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7 When engaging in civil activities, civil subjects shall follow the principle of good faith, uphold honesty and abide by their commitments.

Article 8 When engaging in civil activities, civil subjects shall not violate the law or violate public order and good customs.

Article 9 Civil activities undertaken by civil subjects shall be conducive to the conservation of resources and the protection of the ecological environment.

Article 10 Civil disputes shall be handled in accordance with the law; where there are no provisions in the law, customs may be applied, but public order and good customs shall not be violated.

Article 11 Where other laws have special provisions on civil relations, such provisions shall apply.

Article 12 The the People's Republic of China law shall apply to civil activities in the field of the People's Republic of China. Where the law provides otherwise, such provisions shall prevail.

Chapter II Natural Persons

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct

Article 13 A natural person shall, from the time of birth to the time of death, have the capacity for civil rights, enjoy civil rights and bear 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 subject to the time recorded in the birth certificate or death certificate; if there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration 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 the protection of the interests of the fetus, such as inheritance and acceptance of gifts, is involved, the fetus shall be deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning.

Article 17 A natural person over the age of 18 shall be an adult. Any natural person under the age of 18 shall be a minor.

Article 18 An adult shall be a person with full capacity for civil conduct and may perform civil juristic acts independently.

Minors over the age of 16 who rely on their own labor income as their main source of livelihood shall be regarded as persons with full capacity for civil conduct.

Article 19 Minors over the age of eight shall be persons with limited capacity for civil conduct, and their legal representatives shall act on their behalf or with the consent and ratification of their legal representatives; however, they may independently perform civil legal acts for pure profit or civil legal acts appropriate to their age and intelligence.

Article 20 Minors under the age of eight shall be persons with no capacity for civil conduct and shall be represented by their legal representatives in performing civil juristic acts.

Article 21 An adult who is unable to identify his or her own conduct shall be a person with no capacity for civil conduct and shall be represented by his or her legal representative in performing civil juristic acts.

The provisions of the preceding paragraph shall apply to minors over the age of eight who are unable to identify their own conduct.

Article 22 An adult who cannot fully identify his or her own conduct shall be a person with limited capacity for civil conduct, and the performance of civil juristic acts shall be represented by his or her legal representative or with the consent and ratification of his legal representative; however, he or she may independently perform civil juristic acts for pure profit or civil juristic acts commensurate with his or her intellectual or mental health status.

Article 23 The guardian of a person without or with limited capacity for civil conduct shall be his legal representative.

Article 24 Interested parties or relevant organizations of an adult who is unable to identify or completely identify his own conduct may apply to the people's court for the determination of the adult as a person with no or limited capacity for civil conduct.

If a person is determined by a people's court to be a person with no capacity for civil conduct or a person with limited capacity for civil conduct, the people's court may, upon application by the person, an interested party or a relevant organization, determine that the adult is restored to a person with limited capacity for civil conduct or full capacity for civil conduct on the basis of his intellectual and mental health recovery.

The relevant organizations stipulated in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the elderly established in accordance with the law, and civil affairs departments.

Article 25 A natural person shall take the residence recorded in the household registration or other valid identity registration as his residence; if the regular residence is inconsistent with the domicile, the regular residence shall be regarded as the domicile.

Section 2 Guardianship

Article 26 Parents shall have the duty to bring up, educate and protect their minor children.

Adult children have the obligation to support, support and protect their parents.

Article 27 Parents shall be the guardians of their minor children.

If the parents of a minor are dead or incapable of guardianship, the following persons capable of guardianship shall act as guardians in order:

(I) grandparents;

(II) elder brother and sister;

(III) other individuals or organizations willing to act as guardians, but only with the consent of the neighborhood committee, village committee or civil affairs department in the place where the minor lives.

Article 28 For an adult with no capacity for civil conduct or with limited capacity for civil conduct, the following persons with capacity for guardianship shall act as guardians in order:

(I) spouse;

(II) parents and children;

(III) other close relatives;

(IV) other individuals or organizations willing to act as guardians, but only with the consent of the residents' committee, villagers' committee or civil affairs department of the place where the ward has his domicile.

Article 29 If the parents of the ward act as guardians, they may appoint guardians through a will.

Article 30 A guardian may be determined by agreement between persons qualified for guardianship in accordance with the law. The agreement determines that the guardian shall respect the true will of the ward.

Article 31 If there is a dispute over the determination of a guardian, the neighborhood committee, village committee or civil affairs department of the place where the ward has his domicile shall appoint a guardian, and if the party concerned is not satisfied with the appointment, he may apply to the people's court for the appointment of a guardian; the party concerned may also directly apply to the people's court for the appointment of a guardian.

Residents' committees, villagers' committees, civil affairs departments or people's courts shall respect the true wishes of the ward and appoint guardians among those who are qualified for guardianship in accordance with the law in accordance with the principle of being most beneficial to the ward.

Before the guardian is appointed in accordance with the provisions of the first paragraph of this article, if the personal rights, property rights and other lawful rights and interests of the ward are in a state of no protection, the neighborhood committee, village committee, relevant organization prescribed by law or civil affairs department of the ward's domicile shall act as temporary guardian.

After the guardian is appointed, it shall not be changed without authorization; if it is changed without authorization, the responsibility of the appointed guardian shall not be exempted.

Article 32 If there is no person who is qualified for guardianship in accordance with the law, the guardian shall be held by the civil affairs department, or by the neighborhood committee or villagers' committee of the place of residence of the ward who has the conditions to perform guardianship duties.

Article 33 An adult with full capacity for civil conduct may, through prior consultation with his close relatives or other individuals or organizations willing to act as guardians, determine in writing his own guardian, who shall perform his duties of guardianship when he loses or partially loses his capacity for civil conduct.

Article 34 The duties of a guardian are to perform civil juristic acts on behalf of the ward and to protect the personal rights, property rights and other lawful rights and interests of the ward.

The rights of guardians arising from the performance of their guardianship duties in accordance with the law shall be protected by law.

If a guardian fails to perform his duty of guardianship or infringes upon the lawful rights and interests of his ward, he shall bear legal responsibility.

Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties, and the ward's life is in a state of unattended, the neighborhood committee, village committee or civil affairs department of the ward's domicile shall arrange necessary temporary life care for the ward Measures.

Article 35 A guardian shall perform his duties of guardianship in accordance with the principle of being in the best interest of his ward. The guardian shall not dispose of the property of the ward except to protect the interests of the ward.

When performing guardianship duties, the guardian of a minor shall, in making decisions related to the interests of the ward, respect the true wishes of the ward in accordance with the age and mental status of the ward.

When performing guardianship duties, adult guardians should respect the true wishes of the ward to the greatest extent, and protect and assist the ward to perform civil legal acts that are compatible with their intellectual and mental health. The guardian shall not interfere in the affairs that the ward has the ability to handle independently.

Article 36 Where a guardian is under any of the following circumstances, the people's court shall, on the application of the individual or organization concerned, revoke his or her guardianship, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the law in accordance with the principle of being most beneficial to the ward:

(I) commit acts that seriously impair the physical and mental health of the ward;

The (II) is lazy in performing his guardianship duties, or is unable to perform his guardianship duties and refuses to entrust part or all of his guardianship duties to others, resulting in the ward being in a state of danger and hardship;

(III) commit other acts that seriously infringe upon the lawful rights and interests of the ward.

The relevant individuals and organizations specified in this article include: other persons who are qualified for guardianship in accordance with the law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, minor protection organizations, organizations for the elderly established in accordance with the law, Civil affairs departments, etc.

If the individuals and organizations other than the civil affairs departments mentioned in the preceding paragraph fail to apply to the people's court for the revocation of the guardianship, the civil affairs department shall apply to the people's court.

Article 37 Parents, children, spouses, etc. who bear the maintenance, alimony or maintenance of the ward in accordance with the law shall continue to perform their obligations after being revoked as guardians by the people's court.

Article 38 After the guardian's parents or children have been revoked by the people's court as guardians, except for those who have committed intentional crimes against the ward, they have indeed shown repentance, the people's court may, upon their application, respect the true wishes of the ward., Depending on the circumstances, the guardianship relationship between the guardian appointed by the people's court and the ward is terminated at the same time.

Article 39 The guardianship relationship shall be terminated under any of the following circumstances:

(I) the ward acquires or regains full capacity for civil conduct;

(II) guardian is incapacitated;

(III) the ward or guardian dies;

Other circumstances (IV) the termination of the guardianship relationship as determined by the people's court.

After the guardianship relationship is terminated, if the ward still needs guardianship, a guardian shall be determined according to law.

Section III. Declaration of disappearance and declaration of death

Article 40 If the whereabouts of a natural person are unknown for two years, the interested party may apply to the people's court for a declaration of the natural person as a missing person.

Article 41 The time during which a natural person's whereabouts are unknown shall be counted from the date of his loss. If the whereabouts of a person are unknown during a war, the period of time during which his whereabouts are unknown shall be counted from the date of the end of the war or from the date on which his whereabouts are determined by the relevant authorities.

Article 42 The property of a missing person shall be held in the custody of his or her spouse, adult children, parents or other persons willing to act as escrow holders of the property.

If there is a dispute over the escrow and there is no person specified in the preceding paragraph, or if the person specified in the preceding paragraph is incapable of escrow, the escrow shall be conducted by a person designated by the people's court.

Article 43 The custodian of property shall properly manage the property of the missing person and safeguard his property rights and interests.

Taxes, debts and other expenses owed by the missing person shall be paid by the property holder from the property of the missing person.

If the escrow of property causes damage to the property of the missing person due to intentional or gross negligence, it shall be liable for compensation.

Article 44 If a property custodian fails to perform the duties of escrow, infringes on the property rights and interests of the missing person or loses the ability to manage the property, the interested party of the missing person may apply to the people's court to change the property custodian.

If the escrow holder has a valid reason, he may apply to the people's court to change the escrow holder.

If the people's court changes the property escrow, the changed property escrow has the right to request the original property escrow to hand over the relevant property in a timely manner and report the situation of the property escrow.

Article 45 If a missing person reappears, the people's court shall revoke the declaration of disappearance upon the application of the missing person or an interested party.

If the missing person reappears, he shall have the right to request the property escrow person to hand over the relevant property in a timely manner and to report the situation of the escrow.

Article 46 Where a natural person is under any of the following circumstances, the interested party may apply to the people's court for a declaration of the death of the natural person:

The whereabouts of the (I) have been unknown for four years;

The (II)'s whereabouts have been unknown for two years due to an accident.

If the whereabouts of the natural person are unknown due to an accident and the relevant authorities have proved that it is impossible for the natural person to survive, the application for declaration of death is not subject to the two-year time limit.

Article 47 For the same natural person, if some interested parties apply for declaration of death, and some interested parties apply for declaration of disappearance, and if the conditions for declaration of death as provided for in this Law are met, the people's court shall declare the death.

Article 48 Where a person is declared dead, the date on which the judgment of the people's court declares his death shall be deemed to be the date of his death; where his whereabouts are unknown due to an accident, the date of the accident shall be deemed to be the date of his death.

Article 49 Where a natural person is declared dead but is not dead, the validity of the civil juristic acts performed by the natural person during the period when the natural person was declared dead shall not be affected.

Article 50 If a person who has been declared dead reappears, the people's court shall revoke the declaration of death upon the application of the person himself or an interested party.

Article 51 The marital relationship of a person who has been declared dead shall be eliminated from the date of the declaration of death. If the declaration of death is revoked, the marital relationship shall resume on its own initiative from the date of revocation of the declaration of death. However, his or her spouse remarries or declares in writing to the marriage registration office that he or she does not want to resume.

Article 52 If a person who has been declared dead has his or her child adopted by another person according to law during the period of his or her death, after the declaration of death has been revoked, he or she shall not claim that the adoption is invalid on the ground that he or she has not given his or her consent.

Article 53 A person whose declaration of death has been revoked shall have the right to request the return of the property to the civil subject who has acquired his property in accordance with Part 6 of this Law; if the return is impossible, appropriate compensation shall be made.

If an interested party conceals the true situation and causes another person to be declared dead and obtains his property, he shall, in addition to returning the property, be liable for compensation for the losses caused thereby.

Section 4 Individual Industrial and Commercial Households and Rural Contractual Households

Article 54 A natural person engaged in industrial and commercial operations shall be an individual industrial and commercial household after registration according to law. Individual industrial and commercial households can have a font size.

Article 55 A member of a rural collective economic organization who has obtained the right to contracted management of rural land in accordance with the law and is engaged in household contracted management shall be a rural contracted management household.

Article 56 The debts of individual industrial and commercial households shall be borne by personal property if they are operated by individuals, by family property, and by family property if they cannot be distinguished.

The debts of rural contracted management households shall be borne by the property of the farmers engaged in rural land contract management; in fact, if they are operated by some members of the farmers, they shall be borne by the property of that part of the members.

Chapter III Legal Persons

Section 1 General Provisions

Article 57 A legal person is an organization that has the capacity for civil rights and civil conduct and independently enjoys civil rights and assumes civil obligations in accordance with the law.

Article 58 A legal person shall be established according to 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 the provisions of laws and administrative regulations.

Where the establishment of a legal person is subject to the approval of the relevant authorities as provided by laws or administrative regulations, such provisions shall apply.

Article 59 The capacity for civil rights and capacity for civil conduct of a legal person shall arise at the time of its establishment and be extinguished at the time of its termination.

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 who represents the legal person in civil activities shall be the legal representative of the legal person.

Where a legal representative engages in civil activities in the name of a legal person, the legal consequences thereof shall be borne by the legal person.

Restrictions on the representation of the legal representative by the articles of association of the legal person or the authority of the legal person shall not be used against the 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 the legal person has assumed civil liability, it may, in accordance with the law or the articles of association of the legal person, recover the amount from the legal representative at fault.

Article 63 A legal person shall have its domicile at the place where its principal office is located. Where registration as a legal person is required in accordance with the law, the place where the principal office is located shall be registered as the domicile.

Article 64 If the registered items change during the existence of a legal person, it shall apply to the registration authority for registration of change in accordance with the law.

Article 65 If the actual situation of a legal person is inconsistent with the registered matters, it shall not oppose a bona fide counterpart.

Article 66 The registration authority shall promptly publicize the relevant information on the registration of legal persons in accordance with the law.

Article 67 Where a legal person merges, its rights and obligations shall be enjoyed and assumed by the merged legal person.

Where a legal person is separated, its rights and obligations shall be enjoyed by the separated legal person with joint claims and joint debts, unless otherwise agreed by the creditor and the debtor.

Article 68 A legal person shall be terminated if the liquidation or cancellation of registration is completed in accordance with the law for any of the following reasons:

Dissolution of the (I) legal person;

The (II) legal person is declared bankrupt;

(III) other reasons prescribed by law.

Where the termination of a legal person is subject to the approval of the relevant authorities as provided by laws or administrative regulations, such provisions shall be followed.

Article 69 A legal person shall be dissolved under any of the following circumstances:

(I) the period of existence stipulated in the articles of association of the legal person expires or other reasons for dissolution stipulated in the articles of association of the legal person occur;

The authority of the (II) legal person is dissolved by resolution;

The (III) needs to be dissolved due to the merger or division of the legal person;

The business license and registration certificate of a (IV) legal person are revoked according to law, and the legal person is ordered to close down or be revoked;

(V) other circumstances prescribed by law.

Article 70 Where a legal person is dissolved, except in the case of merger or division, the liquidation obligor shall promptly form a liquidation group for liquidation.

Members of the executive or decision-making bodies such as directors and directors of a legal person are the liquidation obligors. Where laws and administrative regulations provide otherwise, such provisions shall prevail.

If the liquidation obligor fails to perform the liquidation obligation in time and causes damage, it shall bear civil liability; the competent authority or the interested party may apply to the people's court to designate relevant personnel to form a liquidation team to carry out liquidation.

Article 71 The liquidation procedures of a legal person and the powers of the liquidation group shall be in accordance with the provisions of the relevant laws; if there are no provisions, reference shall be made to the relevant provisions of the applicable company law.

Article 72 During the period of liquidation, a legal person shall survive, but shall not engage in activities unrelated to liquidation.

The remaining property after the liquidation of the legal person shall be disposed of in accordance with the provisions of the legal person's articles of association or the resolution of the legal person's authority. Where the law provides otherwise, such provisions shall prevail.

When the liquidation is completed and the cancellation of registration of the legal person is completed, the legal person shall be terminated; if it is not necessary to register the legal person according to law, the legal person shall be terminated at the end of the liquidation.

Article 73 If a legal person is declared bankrupt, the legal person shall terminate when the bankruptcy liquidation is carried out in accordance with the law and the cancellation of the registration of the legal person is completed.

Article 74 A legal person may establish branches according to law. Where laws and administrative regulations stipulate that a branch shall be registered, such provisions shall be followed.

If a branch engages in civil activities in its own name, the civil liability arising therefrom shall be borne by the legal person; or it may first be borne by the property managed by the branch, and if it is not sufficient to bear it, the legal person shall bear it.

Article 75 The legal consequences of civil activities undertaken by the establishment person for the establishment of a legal person shall be borne by the legal person; if the legal person is not established, the legal consequences shall be borne by the establishment person, and if the establishment person is two or more persons, they shall enjoy joint and several claims and bear joint and several debts.

If the person who establishes a legal person engages in civil activities in its own name, a third party shall have the right to choose to request the legal person or the person who establishes it to bear the civil liability.

Section 2 For-profit Legal Persons

Article 76 A legal person established for the purpose of obtaining profits and distributing them to shareholders and other contributors shall be a for-profit legal person.

For-profit legal persons include limited liability companies, joint stock limited companies and other enterprise legal persons.

Article 77 A for-profit legal person shall be registered in accordance with the law.

Article 78 The registration authority shall issue a business license for a profit-making legal person established in accordance with the law. The date of issuance of the business license is the date of establishment of the for-profit legal person.

Article 79 The establishment of a for-profit legal person shall formulate its articles of association in accordance with the law.

Article 80 A for-profit legal person shall have an organ of power.

The organ of power shall amend the articles of association of the legal person, elect or replace the members of the executive and supervisory bodies, and exercise other functions and powers as stipulated in the articles of association of the legal person.

Article 81 A for-profit legal person shall set up an executive body.

The executive body exercises the power to convene meetings of the body, decide on the business plan and investment plan of the legal person, decide on the establishment of the internal management body of the legal person, and other functions and powers stipulated in the articles of association of the legal person.

If the executive body is the board of directors or executive director, the chairman, executive director or manager shall serve as the legal representative in accordance with the provisions of the articles of association of the legal person; if there is no board of directors or executive director, the main person in charge as stipulated in the articles of association of the legal person shall be its executive body and legal representative.

Article 82 Where a for-profit legal person has a supervisory body such as a board of supervisors or supervisors, the supervisory body shall, in accordance with the law, inspect the financial affairs of the legal person, supervise the performance of the duties of the members and senior managers of the executive body, and other functions and powers stipulated in the articles of association of the legal person.

Article 83 A contributor of a for-profit legal person shall not abuse the rights of a contributor to harm the interests of the legal person or other contributors; if the abuse of the rights of a contributor causes losses to the legal person or other contributors, he 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 harm the interests of the creditors of the legal person; abuse the independent status of the legal person and the limited liability of the investor to avoid debts and seriously harm the interests of the creditors of the legal person, shall bear joint and several liability for the debts of the legal person.

Article 84 The controlling investors, actual controllers, directors, supervisors and senior managers of a for-profit legal person shall not use their associated relationships to harm the interests of the legal person; if they use the associated relationships to cause losses to the legal person, they shall be liable for compensation.

Article 85: If the meeting convening procedures and voting methods of the power organs and executive agencies of a for-profit legal person violate laws, administrative regulations, or the legal person's articles of association, or the content of the resolution violates the legal person's articles of association, the investor of the for-profit legal person may request the people's court to revoke the resolution. However, the civil legal relationship formed between the for-profit legal person and the bona fide counterpart pursuant to the resolution is not affected.

Article 86 When engaging in business activities, a for-profit legal person shall abide by business ethics, maintain transaction safety, accept supervision by the government and society, and assume social responsibilities.

Section 3 Non-profit Legal Persons

Article 87 A legal person established for the purpose of public welfare or other non-profit purposes and does not distribute the profits obtained to the investors, the establishment or the members shall be a non-profit legal person.

Non-profit legal persons include institutions, social organizations, foundations, social service agencies, etc.

Article 88 An institution that meets the requirements of a legal person and is established to provide public welfare services to meet the needs of economic and social development shall be registered and established in accordance with the law and obtain the legal person status of the institution; if it is not necessary to register as a legal person in accordance with the law, it shall have the legal person status of an institution from the date of establishment.

Article 89 Where a public institution has a board of directors as a legal person, the board of directors shall be its decision-making body, unless otherwise provided by law. The legal representative of a legal person of a public institution shall be elected in accordance with the provisions of laws, administrative regulations or the articles of association of the legal person.

Article 90: A social organization that meets the requirements of a legal person and is established based on the common will of its members for non-profit purposes such as public welfare purposes or the common interests of its members shall be registered and established in accordance with the law and obtain the legal person status of a social organization; if it is not necessary to register as a legal person in accordance with the law, it shall be established From the date of date, it has the legal person status of a social organization.

Article 91 To establish a social organization as a legal person, the articles of association of the legal person shall be formulated in accordance with the law.

A legal person of a social organization shall have such organs of power as a general assembly or a representative assembly of members.

A legal person of a social organization shall set up an executive body such as a council. The person in charge such as the chairman of the board of directors or the president shall act as the legal representative in accordance with the provisions of the legal person's articles of association.

Article 92 Foundations and social service institutions that are qualified as legal persons and are established with donated property for public welfare purposes shall be registered and established in accordance with the law and obtain the status of a donor legal person.

If a religious activity site established according to law meets the requirements of a legal person, it may apply for registration as a legal person and obtain the status of a donor legal person. Where laws and administrative regulations provide for religious venues, they shall be in accordance with their provisions.

Article 93 To establish a donating legal person, the articles of association of the legal person shall be formulated in accordance with the law.

Donor legal persons shall have decision-making bodies such as councils and democratic management organizations, as well as executive bodies. The chairman of the board of directors and other persons in charge shall act as legal representatives in accordance with the provisions of the articles of association of the legal person.

The donating legal person shall have a supervisory body such as a board of supervisors.

Article 94 The donor shall have the right to inquire about the use and management of the donated property from the donating legal person, and put forward opinions and suggestions. The donating legal person shall reply in a timely and truthful manner.

If the decision-making body, executive body or legal representative of the donor legal person makes a decision in violation of laws, administrative regulations, or the articles of association of the legal person, or if the content of the decision violates the articles of association of the legal person, the donor and other interested parties or the competent authority may request the people's court to revoke the decision. However, the civil legal relationship formed by the donor legal person with the bona fide counterpart pursuant to the decision is not affected.

Article 95 When a non-profit legal person established for public welfare purposes terminates, it shall not distribute the remaining property to the investor, the establishment or the members. The surplus property shall be used for public welfare purposes in accordance with the provisions of the articles of association of the legal person or the resolution of the authority; if it cannot be disposed of in accordance with the provisions of the articles of association of the legal person or the resolution of the authority, it shall be transferred to a legal person with the same or similar purpose under the auspices of the competent authority and shall be announced to the public.

Section IV Special Legal Persons

Article 96 The legal persons of government organs, legal persons of rural collective economic organizations, legal persons of urban and rural cooperative economic organizations, and legal persons of grass-roots mass autonomous organizations specified in this Section shall be special legal persons.

Article 97 Organs with independent funds and statutory bodies with administrative functions shall, from the date of their establishment, have the status of legal persons and may engage in civil activities necessary for the performance of their functions.

Article 98 If an organ legal person is abolished, the legal person shall terminate, and its civil rights and obligations shall be enjoyed and borne by the successor organ legal person; if there is no successor organ legal person, the organ legal person that made the decision to abolish shall enjoy and bear.

Article 99 Rural collective economic organizations shall acquire the status of legal persons in accordance with the law.

Where laws and administrative regulations have provisions on rural collective economic organizations, such provisions shall be followed.

Article 100 Urban and rural cooperative economic organizations shall acquire the status of legal persons in accordance with the law.

Where laws and administrative regulations have provisions on urban and rural cooperative economic organizations, such provisions shall be followed.

Article 101 Residents' committees and villagers' committees shall have the status of legal persons as mass organizations of self-government at the grass-roots level and may engage in civil activities necessary for the performance of their functions.

If no village collective economic organization has been established, the villagers committee may perform the functions of the village collective economic organization in accordance with the law.

Chapter IV Unincorporated Organizations

Article 102 An unincorporated organization is an organization that does not have the status of a legal person, but is able to engage in civil activities in its own name in accordance with the law.

Unincorporated organizations include sole proprietorships, partnerships, and professional service organizations that do not have legal personality.

Article 103 An unincorporated organization shall be registered in accordance with the provisions of the law.

Where the establishment of an unincorporated organization is subject to the approval of the relevant authorities as provided by laws or administrative regulations, such provisions shall apply.

Article 104 If the property of an unincorporated organization is insufficient to pay off its debts, its contributors or founders shall bear unlimited liability. Where the law provides otherwise, such provisions shall prevail.

Article 105 An unincorporated organization may appoint one or more persons to represent it in civil activities.

Article 106 An unincorporated organization shall be dissolved under any of the following circumstances:

The term of the (I) as stipulated in the articles of association expires or other reasons for dissolution as stipulated in the articles of association occur;

The (II) investor or the establishment person decides to dissolve;

(III) other circumstances prescribed 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 apply with reference to the relevant provisions of Section 1 of Chapter III of this Part.

Chapter V Civil Rights

Article 109 The personal freedom and personal dignity of natural persons shall be protected by law.

Article 110 natural persons shall enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.

Legal persons and unincorporated organizations enjoy 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 other people's personal information shall obtain and ensure the safety of the information in accordance with the law, and shall not illegally collect, use, process, or transmit other people's personal information, and shall not illegally trade, provide or disclose other people's personal information.

Article 112 The personal rights of natural persons arising from marriage and family relations shall be protected by law.

Article 113 The property rights of civil subjects shall be equally protected by law.

Article 114 Civil subjects shall enjoy property rights in accordance with the law.

Property rights are the rights of the right holder to have direct control and exclusive rights over specific things in accordance with the law, including ownership, beneficial rights and security rights.

Article 115 An object includes an immovable and movable property. Where the law provides for a right as the object of a property right, it shall be in accordance with its provisions.

Article 116 The types and contents of real rights shall be prescribed by law.

Article 117 Where, in the public interest, immovable or movable property is expropriated or requisitioned in accordance with the authority and procedures prescribed by law, fair and reasonable compensation shall be given.

Article 118 Civil subjects shall enjoy claims in accordance with the law.

A claim is the right of a right holder to request a particular obligor to act or not to act as a result of a contract, tort, management without cause, unjust enrichment and other provisions of the law.

Article 119 A lawfully formed contract is legally binding on the parties.

Article 120 Where civil rights and interests are infringed upon, the infringed shall have the right to request the infringer to bear tort liability.

Article 121 A person who has no statutory or agreed obligation to administer in order to avoid loss of the interests of others shall have the right to request the beneficiary to reimburse the necessary expenses incurred thereby.

Article 122 If another person has obtained improper benefits because he has no legal basis, the person who has suffered the loss shall have the right to request the return of the improper benefits.

Article 123 Civil entities shall enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law with respect to the following objects:

(I) works;

(II) inventions, utility models and designs;

(III) trademarks;

(IV) geographical indications;

(V) trade secrets;

(VI) integrated circuit layout design;

(VII) new varieties of plants;

(VIII) other objects prescribed by law.

Article 124 Natural persons shall enjoy the right of inheritance in accordance with law.

The lawful private property of a natural person may be inherited in accordance with the law.

Article 125 Civil subjects shall enjoy equity and other investment rights in accordance with the law.

Article 126 Civil subjects shall enjoy other civil rights and interests provided for by law.

Article 127 Where the law provides for the protection of data and network virtual property, such provisions shall be followed.

Article 128 Where the law has special provisions on the protection of the civil rights of minors, the elderly, the disabled, women, consumers, etc., such provisions shall be followed.

Article 129 Civil rights may be acquired by civil juristic acts, factual acts, events prescribed by law or by other means prescribed by law.

Article 130 Civil subjects shall exercise their civil rights according to their own wishes and shall not be interfered.

Article 131 When exercising rights, civil subjects shall perform the obligations prescribed by law and agreed upon by the parties.

Article 132 Civil subjects shall not abuse their civil rights to harm the interests of the State, the public interests of society or the legitimate rights and interests of others.

Chapter VI Civil Juristic Acts

Section 1 General Provisions

Article 133 A civil juristic act is an act by which a civil subject establishes, alters or terminates a civil legal relationship by expressing his will.

Article 134 A civil juristic act may be established on the basis of the unanimous expression of intent of both or more parties, or on the basis of the expression of intent of one party.

If a legal person or an unincorporated organization makes a resolution in accordance with the method of discussion and voting procedures prescribed by law or the articles of association, the act of resolution is established.

Article 135 Civil juristic acts may be in written, oral or other forms; where a specific form is provided for by laws or administrative regulations or agreed upon by the parties, the specific form shall be adopted.

Article 136 A civil juristic act shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

The perpetrator shall not change or terminate the civil juristic act without authorization unless in accordance with the provisions of the law or without the consent of the other party.

Section 2 Meaning

Article 137 An expression of intent made by means of dialogue shall take effect when the counterpart knows its content.

A non-conversational expression of meaning takes effect when it reaches the opposite person. A non-conversational expression of meaning in the form of a data message takes effect when the counterpart designates a particular system to receive the data message and when the data message enters that particular system; if no particular system is designated, the counterpart knows or should know that the data message enters its system. If the parties agree otherwise on the effective time of the expression of intention in the form of data messages, they shall follow their agreement.

Article 138 No expression of the intention of the counterpart shall take effect upon completion. Where the law provides otherwise, such provisions shall prevail.

Article 139 An expression of intention made by way of public announcement shall take effect when the public announcement is made.

Article 140 The perpetrator may express or express his intention.

Silence can be regarded as an expression of meaning only when there are legal provisions, agreement of the parties or in accordance with the trading habits between the parties.

Article 141 The perpetrator may withdraw his expression of intention. The notice of withdrawal of the expression of intention shall reach the counterpart before the expression of intention reaches the counterpart or at the same time as the expression of intention.

Article 142 Where there is an interpretation of the meaning of the opposite person, the meaning of the meaning shall be determined in accordance with the words and expressions used, taking into account the relevant provisions, the nature and purpose of the act, custom and the principle of good faith.

The interpretation of the meaning of the non-relative person should not be completely confined to the words used, but should be combined with the relevant provisions, the nature and purpose of the act, habits and the principle of good faith, to determine the true meaning of the actor.

Section 3 Validity of Civil Juristic Acts

Article 143 A civil juristic act that meets the following conditions shall be valid:

The (I) actor has the corresponding capacity for civil conduct;

(II) meaning is true;

The (III) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 144 A civil juristic act performed by a person without civil capacity shall be null and void.

Article 145 A civil juristic act for pure gain performed by a person with limited capacity for civil conduct or a civil juristic act appropriate to his age, intelligence, or mental health shall be valid; other civil juristic acts performed shall be valid with the consent or ratification of the legal representative.

The counterpart may urge the legal representative to ratify it within 30 days from the date of receipt of the notice. If the legal representative fails to do so, the ratification shall be deemed to have been refused. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. The revocation shall be made by notice.

Article 146 A civil juristic act performed by the perpetrator and the counterparty with a false expression of intent shall be null and void.

The effect of a civil juristic act that is concealed by a false expression of intent shall be dealt with in accordance with the relevant legal provisions.

Article 147 The perpetrator of a civil juristic act committed on the basis of a material misunderstanding shall have the right to request a people's court or an arbitration institution to cancel it.

Article 148 Where one party fraudulently causes the other party to commit a civil juristic act against its true will, the defrauded party shall have the right to request a people's court or an arbitration institution to revoke it.

Article 149 Where a third party commits a fraudulent act, causing one party to commit a civil juristic act against its true will, and the other party knows or should have known of the fraudulent act, the defrauded party shall have the right to request a people's court or an arbitration institution to revoke it.

Article 150 Where a party or a third party uses coercive means to cause the other party to commit a civil juristic act against its true will, the coerced party shall have the right to request a people's court or an arbitration institution to revoke it.

Article 151 If one party takes advantage of the fact that the other party is in a state of danger or lacks the ability to judge, which makes it obviously unfair when a civil juristic act is established, the injured party has the right to request a people's court or an arbitration institution to revoke it.

Article 152 The right of revocation shall be extinguished under any of the following circumstances:

(I) the party fails to exercise the right of revocation within one year from the date when he knows or should know the cause of revocation, or within 90 days from the date when he knows or should know the cause of revocation;

(II) the party is coerced and has not exercised the right of rescission within one year from the date of termination of the coercive act;

(III) the parties know the cause of the revocation and expressly or by their own conduct indicate that they have waived the right of revocation.

If the party concerned 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 or administrative regulations shall be null and void. However, the mandatory provisions do not cause the civil juristic act to be invalid.

Civil juristic acts that violate public order and good customs are invalid.

Article 154 A civil juristic act in which the perpetrator maliciously colludes with the counterparty to damage the lawful rights and interests of others shall be null and void.

Article 155 An invalid or revoked civil juristic act is not legally binding from the beginning.

Article 156 If a civil juristic act is partially invalid and does not affect the validity of the other parts, the other parts shall remain valid.

Article 157 After a civil juristic act is invalid, revoked or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; if the return cannot be made or is unnecessary, compensation shall be made at a discount. The party at fault shall compensate the other party for the losses suffered as a result; if all parties are at fault, they shall each bear the corresponding responsibility. Where the law provides otherwise, such provisions shall prevail.

Section IV. Conditions and deadlines attached to civil juristic acts

Article 158 A civil juristic act may be subject to conditions, except where, by its nature, no conditions may be attached. A civil juristic act with conditions for entry into force shall take effect from the time the conditions are fulfilled. A civil juristic act with a condition of discharge shall cease to be valid when the condition is fulfilled.

Article 159 For a conditional civil juristic act, if the parties improperly prevent the achievement of the conditions for their own benefit, the conditions shall be deemed to have been achieved; if they improperly contribute to the achievement of the conditions, the conditions shall be deemed not to have been achieved.

Article 160 A time limit may be attached to a civil juristic act, except that according to its nature, no time limit may be attached. A civil juristic act with an effective period shall take effect from the end of the period. A civil juristic act with a term of termination shall cease to have effect upon the expiration of the term.

Chapter VII Agency

Section 1 General Provisions

Article 161 Civil subjects may perform civil juristic acts through agents.

In accordance with the provisions of the law, the agreement of the parties or the nature of the civil legal act, the civil legal act that should be performed by himself shall not be represented.

Article 162 A civil juristic act performed by an agent in the name of the principal within the limits of his authority shall be effective against the principal.

Article 163 Agency includes entrusted agency and legal agency.

The entrusted agent shall exercise the power of agency in accordance with the entrustment of the agent. The legal representative shall exercise the power of agency in accordance with the provisions of the law.

Article 164 If an agent fails to perform or does not fully perform his duties, thus causing damage to the principal, he shall bear civil liability.

If the agent and the counterparty maliciously collude to damage the legitimate rights and interests of the agent, the agent and the counterparty shall bear joint and several liability.

Section 2 Proxy

Article 165 Where the power of attorney is in writing, the power of attorney shall contain the name or name of the agent, the subject matter of the agent, the authority and the time limit, and shall be signed or sealed by the principal.

Article 166 Where several persons are agents for the same agency matter, they shall jointly exercise the power of agency, unless otherwise agreed by the parties.

Article 167 If the agent still carries out the act of agency when he knows or should know that the matter of agency is illegal, or if the principal knows or should know that the agent's act of agency is illegal and does not make an objection, the principal and the agent shall bear joint and several liability.

Article 168 No agent may perform civil juristic acts with himself in the name of the agent, unless the agent agrees or ratify it.

An agent may not perform a civil juristic act in the name of the agent with other persons acting for him at the same time, unless both parties to the agent agree or ratify it.

Article 169 If an agent needs to delegate to a third party, he shall obtain the consent or ratification of the agent.

If the agent is entrusted with the consent or ratification of the agent, the agent may directly instruct the third party to be entrusted with the agency affairs, and the agent shall only be liable for the selection of the third party and the instructions of the third party.

If the agent is entrusted without the consent or ratification of the agent, the agent shall be responsible for the acts of the third party entrusted to the agent; however, in an emergency, the agent needs to entrust the agent to a third party in order to safeguard the interests of the agent..

Article 170 Civil juristic acts committed in the name of a legal person or an unincorporated organization by a person performing work tasks of a legal person or an unincorporated organization in respect of matters within the scope of his or her functions and powers shall be effective against the legal person or the unincorporated organization.

Restrictions by legal persons or unincorporated organizations on the scope of authority of personnel performing their work tasks may not be used against bona fide counterparts.

Article 171 If the actor does not have the power of agency, exceeds the power of agency, or after the power of agency is terminated, he still performs the act of agency, and if it has not been ratified by the principal, it shall not be effective for the principal.

The counterparty may urge the agent to ratify it within 30 days from the date of receipt of the notice. If the agent fails to make a statement, the ratification shall be deemed to have been refused. Before the act committed by the perpetrator is ratified, the bona fide counterpart has the right to revoke it. The revocation shall be made by notice.

If the act committed by the perpetrator has not been ratified, the bona fide counterpart shall have the right to request the perpetrator to perform the debt or to request the perpetrator to compensate for the damage suffered. However, the scope of compensation shall not exceed the benefits that the counterparty would have received at the time of the agent's ratification.

If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall be liable according to their respective faults.

Article 172 If the actor does not have the power of agency, exceeds the power of agency, or after the power of agency is terminated, he still carries out the act of agency, and the counterparty has reason to believe that the actor has the power of agency, the act of agency is valid.

Section 3 Termination of Agency

Article 173 An entrusted agency shall be terminated under any of the following circumstances:

The term of (I) agency expires or the agency business is completed;

(II) the principal cancels the entrustment or the agent resigns the entrustment;

the (III) agent is incapacitated for civil conduct;

(IV) the death of the agent or agent;

The legal person or unincorporated organization in which the (V) acts as an agent or is represented is terminated.

Article 174 After the death of the principal, the act of agency performed by the entrusted agent shall be valid under any of the following circumstances:

(I) the agent did not know and should not have known of the death of the agent;

(II) recognized by the heirs of the principal;

It is specified in the (III) authorization that the agency right is terminated when the agency transaction is completed;

(IV) carried out before the death of the agent, the agent shall continue for the benefit of the heirs of the agent.

Where a legal person or an unincorporated organization as a principal terminates, the provisions of the preceding paragraph shall apply by reference.

Article 175 Legal agency shall be terminated under any of the following circumstances:

(I) the principal to acquire or recover full capacity for civil conduct;

the (II) agent is incapacitated for civil conduct;

(III) the death of the agent or agent;

(IV) other circumstances prescribed by law.

Chapter VIII Civil Liability

Article 176 A civil subject shall perform its civil obligations and bear civil liability in accordance with the provisions of law or in accordance with the agreement of the parties.

Article 177 Two or more persons shall bear their share of responsibility in accordance with the law, and if it is possible to determine the size of the responsibility, they shall each bear the corresponding responsibility; if it is difficult to determine the size of the responsibility, they shall bear the responsibility equally.

Article 178 Where two or more persons are jointly and severally liable in accordance with the law, the right holder shall have the right to request that some or all of the persons jointly and severally liable be held liable.

The share of responsibility of the joint and several responsible persons shall be determined according to the size of their respective responsibilities. The joint and several responsible persons who actually bear more than their share of responsibility shall have the right to recover compensation from other joint and several responsible persons.

Joint and several liability shall be prescribed by law or agreed upon by the parties.

Article 179 The main forms of civil liability are:

(I) cessation of violations;

(II) removal of obstruction;

(III) elimination of danger;

(IV) return of property;

(V) restitution;

(VI) repair, rework and replacement;

(VII) continued performance;

(VIII) compensation for losses;

(IX) payment of liquidated damages;

(X) to eliminate the influence and restore the reputation;

(11) make an apology.

Where the law provides for punitive damages, such provisions shall prevail.

The means of assuming civil liability provided for in this article may be applied separately or in combination.

Article 180 If a person is unable to perform his civil obligations due to force majeure, he shall not bear civil liability. Where the law provides otherwise, such provisions shall prevail.

Force majeure is an objective situation that cannot be foreseen, avoided and overcome.

Article 181 No civil liability shall be borne for damage caused by justifiable defense.

If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear appropriate civil liability.

Article 182 Where damage is caused by emergency avoidance, the person who caused the danger shall bear civil liability.

If the danger is caused by natural causes, the person who takes emergency refuge shall not bear civil liability and may give appropriate compensation.

If the emergency avoidance measures are improper or exceed the necessary limits, causing undue damage, the emergency avoidance person shall bear appropriate civil liability.

Article 183 Where one is harmed as a result of protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may make appropriate compensation. If there is no infringer, the infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 184 If the act of voluntary emergency assistance causes damage to the recipient, the rescuer shall not bear civil liability.

Article 185 Whoever infringes upon the names, portraits, reputation or honor of heroes and martyrs and harms the public interests of society shall bear civil liability.

Article 186 If the breach of contract by one of the parties damages the personal rights and property rights of the other party, the injured party shall have the right to choose to request it to bear liability for breach of contract or tort liability.

Article 187 Where a civil subject shall bear civil liability, administrative liability and criminal liability for the same act, the assumption of administrative liability or criminal liability shall not affect the assumption of civil liability; if the property of the civil subject is insufficient to pay, priority shall be given to the assumption of civil liability.

Chapter IX Limitation of Actions

Article 188 The limitation of action for requesting protection of civil rights from a people's court shall be three years. Where the law provides otherwise, such provisions shall prevail.

The period of limitation of action shall be calculated from the date on which the obligee knew or should have known that the rights were damaged and the obligor. Where the law provides otherwise, such provisions shall prevail. However, if the period of more than 20 years from the date of damage to the right is over, the people's court shall not protect it. If there are special circumstances, the people's court may decide to extend the period based on the application of the right holder.

Article 189 If the parties agree to perform the same debt by instalments, the limitation period shall be calculated from the date of expiration of the last period of performance.

Article 190 The period of limitation of action for a person without civil capacity or a person with limited civil capacity to claim his legal representative shall be calculated from the date of termination of the legal representation.

Article 191 The period of limitation of action for the right to claim damages for sexual abuse of minors shall be calculated from the date on which the victim reaches the age of 18.

Article 192 When the limitation period expires, the obligor may raise a defense of non-performance.

After the expiration of the limitation period, if the obligor agrees to perform, he shall not defend on the ground that the limitation period expires; if the obligor has performed voluntarily, he shall not request return.

Article 193 The people's court shall not apply the limitation of action on its own initiative.

Article 194 Within the last six months of the period of limitation of action, if the right of claim cannot be exercised due to any of the following obstacles, the period of limitation of action shall be suspended:

(I) force majeure;

(II) person without capacity for civil conduct or with limited capacity for civil conduct has no legal representative, or the legal representative dies, loses capacity for civil conduct, or loses the power of agency;

The successor or administrator of the estate is not determined after the commencement of (III) succession;

(IV) the obligee is controlled by the obligor or other person;

(V) other obstacles that prevent the right holder from exercising the right of claim.

The period of limitation of action expires six months after the date on which the cause of suspension of the limitation of action is eliminated.

Article 195 Under any of the following circumstances, the limitation of action shall be interrupted, and the limitation period shall be recalculated from the time of interruption and the termination of the relevant procedure:

(I) the obligee to request the obligor for performance;

The (II) obligor agrees to perform the obligation;

The (III) right holder files a lawsuit or applies for arbitration;

(IV) other circumstances that have the same effect as filing a lawsuit or applying for arbitration.

Article 196 The limitation of action shall not apply to the following claims:

(I) request to stop the infringement, remove the obstruction and eliminate the danger;

(II) the right holder of the real property right and the registered movable property right to request the return of the property;

(III) requests payment of maintenance, alimony or maintenance;

(IV) other claims to which the statute of limitations is not applicable in accordance with the law.

Article 197 The period of limitation of action, the method of calculation and the matters of suspension and interruption shall be prescribed by law, and the agreement of the parties shall be null and void.

The prior waiver of the interests of the limitation of action by the parties shall be null and void.

Article 198 If the law has provisions on the limitation of arbitration, such provisions shall apply; if not, the provisions on the limitation of action shall apply.

Article 199 The duration of the right of revocation, rescission and other rights stipulated by law or agreed upon by the parties shall, unless otherwise provided by law, be calculated from the date on which the right holder knows or should have known that the right arises, and the relevant provisions on suspension, interruption and extension of the statute of limitations shall not apply. At the expiration of the period of existence, the right of revocation, the right of discharge and other rights shall be extinguished.

Chapter 10 Period Calculation

Article 200 Periods referred to in the Civil Law shall be calculated in accordance with the year, month, day and hour of the Gregorian calendar.

Article 201 If the period is calculated according to the year, month and day, the day of the beginning shall not be included and shall be calculated from the next day.

If the period is calculated by hour, it shall be calculated from the time prescribed by law or agreed by the parties.

Article 202 Where the period is calculated on the basis of years and months, the corresponding day of the month to expire shall be the last day of the period; if there is no corresponding day, the end of the month shall be the last day of the period.

Article 203 If the last day of a period is a statutory holiday, the day following the end of the statutory holiday shall be the last day of the period.

The deadline for the last day of the period is 24: 00; If there is business time, the deadline for stopping business activities is the deadline.

Article 204 The method of calculation of the period shall be in accordance with the provisions of this Law, unless otherwise provided by law or otherwise agreed by the parties.

Part II Property Rights

Part I General Principles

Chapter I General Provisions

Article 205 This part adjusts the civil relations arising from the ownership and utilization of things.

Article 206 The State upholds and improves the basic socialist economic system such as public ownership as the mainstay, the common development of multiple ownership economies, distribution according to work as the mainstay, the coexistence of multiple distribution methods, and 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 state practices a socialist market economy and guarantees the equal legal status and development rights of all market entities.

Article 207 The real rights of the State, collectives and private individuals and the real rights of other right holders shall be equally protected by law and may not be infringed upon by any organization or individual.

Article 208 The establishment, alteration, transfer and extinction of the real right in immovable property shall be registered in accordance with the provisions of the law. The creation and transfer of a right in rem in movable property shall be delivered in accordance with the provisions of the law.

Chapter II Establishment, Alteration, Transfer and Extinguishment of Real Rights

Section 1 Registration of Real Estate

Article 209 The establishment, alteration, transfer and extinction of the real right in immovable property shall take effect upon registration in accordance with the law; it shall not take effect without registration, unless otherwise provided by law.

Ownership of natural resources that are legally owned by the State may not be registered.

Article 210 The registration of a real estate shall be handled by the registration agency of the place where the real estate is located.

The State implements a unified registration system for immovable property. The scope of unified registration, the registration organization and the registration measures shall be prescribed by laws and administrative regulations.

Article 211 When applying for registration, the parties shall provide proof of ownership and necessary materials such as the boundary and area of the real estate according to different registration items.

Article 212 A registration authority shall perform the following duties:

(I) check the certificate of ownership and other necessary materials provided by the applicant;

the (II) enquires the applicant on the relevant registration matters;

(III) truthfully and timely registration of relevant matters;

(IV) other duties prescribed by laws and administrative regulations.

If the relevant information of the real estate applied for registration needs further proof, the registration agency may require the applicant to supplement the materials, and if necessary, it can check on the spot.

Article 213 Registration agencies shall not commit any of the following acts:

(I) require an appraisal of the real property;

(II) repeated registration in the name of annual inspection;

(III) other acts beyond the scope of registration duties.

Article 214 The establishment, alteration, transfer and extinction of the real right of a real property, which should be registered in accordance with the provisions of the law, shall take effect when it is recorded in the real property register.

Article 215 A contract between the parties relating to the establishment, alteration, transfer and elimination of real rights in immovable property shall, unless otherwise provided by law or otherwise agreed by the parties, take effect when the contract is established; failure to register real rights shall not affect the validity of the contract.

Article 216 The real estate register is the basis for the attribution and content of property rights.

The real estate register shall be managed by the registration authority.

Article 217 A certificate of ownership of a real property is proof that the right holder enjoys the real right of the real property. The matters recorded in the real estate ownership certificate shall be consistent with the real estate register; if the records are inconsistent, the real estate register shall prevail unless there is evidence to prove that the real estate register is wrong.

Article 218 Right holders and interested parties may apply for inquiry and reproduction of real estate registration materials, and the registration agency shall provide them.

Article 219 Interested parties shall not disclose or illegally use the real estate registration information of the owner.

Article 220 If the right holder or interested party believes that the matters recorded in the real estate register are wrong, he may apply for correction and registration. If the right holder recorded in the real estate register agrees in writing to make the correction or there is evidence to prove that the registration is wrong, the registration agency shall make the correction.

If the right holder recorded in the real estate register does not agree to the correction, the interested party may apply for registration of objection. If the registration institution makes an objection registration and the applicant does not file a lawsuit within 15 days from the date of the objection registration, the objection registration shall be invalid. If the registration of the objection is improper and causes damage to the right holder, the right holder may request damages from the applicant.

Article 221 If the parties sign an agreement to buy and sell a house or sign an agreement on other real property rights, in order to ensure the realization of real rights in the future, they may apply to the registration agency for advance registration in accordance with the agreement. After the advance notice is registered, if the real property is disposed of without the consent of the right holder of the advance notice registration, the effect of the real property shall not occur.

After the advance notice registration, if the creditor's rights are extinguished or the registration is not applied for within 90 days from the date when the real estate registration can be carried out, the advance notice registration shall be invalid.

Article 222 If a party provides false materials to apply for registration and causes damage to others, he shall be liable for compensation.

If a registration error causes damage to another person, the registration authority shall be liable for compensation. After compensation, the registration authority may recover from the person who caused the registration error.

Article 223 Real estate registration fees shall be collected on a piece-by-piece basis and shall not be collected in proportion to the area, volume or price of the real estate.

Section 2 Delivery of movable property

Article 224 The creation and transfer of a real right in movable property shall take effect upon delivery, except as otherwise provided by law.

Article 225 The creation, alteration, transfer and extinction of property rights in ships, aircraft and motor vehicles, etc., without registration, shall not be opposed to bona fide third parties.

Article 246 If the right holder has already possessed the movable property before the establishment and transfer of the right in rem of the movable property, the right in rem shall take effect from the time when the civil juristic act takes effect.

Article 227 Where a third person is in possession of the movable property before the creation and transfer of the right in rem of the movable property, the person who has the obligation to deliver the movable property may, by transferring the right to request the third person to return the original property in lieu of delivery.

Article 228 When the movable property right is transferred, if the parties agree that the transferor shall continue to possess the movable property, the property right shall take effect from the entry into force of the agreement.

Section 3 Other Provisions

Article 229 Where the establishment, alteration, transfer or extinction of a property right is caused by a legal instrument of a people's court or arbitration institution or a expropriation decision of a people's government, it shall take effect when the legal instrument or expropriation decision takes effect.

Article 230 The acquisition of real right by succession shall take effect from the beginning of the succession.

Article 231 Where a real right is created or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is accomplished.

Article 232 If the real right of real property enjoyed in accordance with the provisions of this section needs to be registered in accordance with the provisions of the law, it shall not have the effect of real right without registration.

Chapter III Protection of Real Right

Article 233 Where the real right is infringed, the right holder may resolve the matter through reconciliation, mediation, arbitration, litigation, etc.

Article 234 Where a dispute arises over the ownership or content of the property right, the interested party may request confirmation of the right.

Article 235 If he is not entitled to possess immovable or movable property, the right holder may request the return of the original property.

Article 236 Where a real right is obstructed or may be obstructed, the right holder may request the removal of the obstruction or the elimination of the danger.

Article 237 Where a real or movable property is damaged, the right holder may request repair, rework, replacement or restoration of the original state according to law.

Article 238 If the infringement of the property right causes damage to the right holder, the right holder may request compensation for the damage according to law, or may request other civil liabilities according to law.

Article 239 The methods of protection of property rights provided for in this Chapter may be applied individually or in combination depending on the circumstances in which the rights have been infringed.

Ownership of the second sub-part

Chapter IV General Provisions

Article 240 The owner shall have the right to possess, use, profit from and dispose of his real or movable property in accordance with the law.

Article 341 The owner shall have the right to establish a usufructuary right and a security right in his immovable or movable property. The exercise of rights by a usufructuary right holder or a security right holder shall not prejudice the rights and interests of the owner.

Article 242 No organization or individual may acquire ownership of any immovable or movable property that is exclusively under the ownership of the State as prescribed by law.

Article 243 Collectively-owned land, houses of organizations and individuals and other immovable property may be expropriated in the public interest in accordance with the limits of authority and procedures prescribed by law.

For the expropriation of collectively-owned land, land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other ground attachments and young crops shall be paid in full and in a timely manner in accordance with the law, and social security fees for land-expropriated farmers shall be arranged to protect the lives of land-expropriated farmers And safeguard the legitimate rights and interests of land-expropriated farmers.

The houses and other immovable properties of expropriation organizations and individuals shall be compensated for expropriation in accordance with the law to safeguard the legitimate rights and interests of the expropriated; where individual houses are expropriated, the living conditions of the expropriated shall also be guaranteed.

No organization or individual may embezzle, misappropriate, privately divide, withhold or default on the collection of compensation fees.

Article 244 The State shall give special protection to cultivated land, strictly restrict the conversion of agricultural land to land for construction, and control the total amount of land for construction. Collectively owned land shall not be expropriated in violation of the limits of authority and procedures prescribed by law.

Article 245 Due to emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, the real or movable property of organizations or individuals may be requisitioned in accordance with the authority and procedures prescribed by law. After the requisitioned immovable or movable property is used, it shall be returned to the requisitioned person. If the real or movable property of an organization or individual is expropriated or damaged or lost after expropriation, compensation shall be paid.

Chapter V State Ownership, Collective Ownership and Private Ownership

Article 246 Property belonging to the State under the law belongs to the State, that is, to the whole people.

Ownership of State-owned property is exercised by the State Council on behalf of the State. Where the law provides otherwise, such provisions shall prevail.

Article 247 Mineral deposits, currents and sea areas belong to the State.

Article 248 Non-resident islands are owned by the State, and the State Council shall exercise the ownership of the non-resident islands on behalf of the State.

Article 249 Land in cities shall be owned by the State. Land in rural and suburban areas that is owned by the State under the law is owned by the State.

Article 250 Natural resources such as forests, mountains, grasslands, wasteland and tidal flats shall be owned by the state, with the exception of those that are collectively owned by law.

Article 251 Wild animal and plant resources that are owned by the state according to law belong to the state.

Article 252 Radio spectrum resources belong to the state.

Article 253 Cultural relics belonging to the state as prescribed by law shall belong to 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, which are owned by the State in accordance with the provisions of the law, shall be owned by the State.

Article 255 State organs shall have the right to possess, use and dispose of the immovable and movable property directly under their control in accordance with the law and the relevant provisions of the State Council.

Article 256 Public institutions organized by the State shall have the right to possess, use and, in accordance with the law and the relevant provisions of the State Council, to profit from and dispose of the immovable and movable property directly under their control.

Article 257 For state-funded enterprises, the State Council and local people's governments shall, in accordance with laws and administrative regulations, perform the duties of investors on behalf of the state and enjoy the rights and interests of investors.

Article 258 Property owned by the State shall be protected by law, and any organization or individual shall be prohibited from encroaching upon, looting, private division, retention or destruction.

Article 259 Institutions and their staff that perform the duties of management and supervision of state-owned property shall strengthen the management and supervision of state-owned property in accordance with the law, promote the preservation and appreciation of state-owned property, and prevent the loss of state-owned property; abuse of power, dereliction of duty, and cause state-owned Property losses shall bear legal responsibility in accordance with the law.

In violation of the regulations on the management of state-owned property, in the process of enterprise restructuring, merger and separation, related transactions, etc., low-price transfer, conspiracy to privately divide, unauthorized guarantee or other means cause losses to state-owned property, shall bear legal responsibility in accordance with the law.

Article 260 Collectively owned immovables and movables include:

(I) the land, forests, mountains, grasslands, wasteland and tidal flats owned by collectives as stipulated by law;

(II) collectively-owned buildings, production facilities and irrigation and water conservancy facilities;

(III) collectively owned educational, scientific, cultural, health, sports and other facilities;

Other real and movable property owned by the (IV) collectively.

Article 261 The immovable and movable property owned by a peasant collective shall belong to the members of the collective.

The following matters shall be decided by the members of the collective in accordance with legal procedures:

(I) land contracting programs and contracting out land to organizations or individuals other than their own collectives;

(II) the adjustment of contracted land between individual land contractual management rights holders;

(III) the use and distribution of land compensation fees and other expenses;

(IV) matters such as changes in the ownership of collectively funded enterprises;

(V) other matters prescribed by law.

Article 262 With respect to collectively-owned land, forests, mountains, grasslands, wastelands, tidal flats, etc., ownership shall be exercised in accordance with the following provisions:

If the (I) belongs to the village peasant collective, the village collective economic organization or the villagers' committee shall, in accordance with the law, exercise ownership on behalf of the collective;

If the (II) are collectively owned by two or more farmers in the village, the collective economic organization or villagers' group in the village shall exercise the ownership on behalf of the collective according to law;

Where the (III) are collectively owned by the peasants of a township, the collective economic organization of the township shall exercise ownership on behalf of the collective.

Article 263 The real and movable property owned by a collective in a town shall, in accordance with the provisions of laws and administrative regulations, enjoy the right to possess, use, gain and dispose of it.

Article 264 Rural collective economic organizations or villagers' committees or villagers' groups shall, in accordance with laws, administrative regulations, articles of association and village rules and regulations, disclose the status of collective property to their members. Collective members have the right to consult and copy relevant materials.

Article 265 Collectively owned property shall be protected by law, and any organization or individual shall be prohibited from encroaching upon, looting, private division or destruction.

If a decision made by a rural collective economic organization, a villagers' committee or its responsible person infringes upon the legitimate rights and interests of a collective member, the infringed collective member may request the people's court to revoke it.

Article 266 Private individuals shall enjoy the ownership of their lawful income, houses, daily necessities, means of production, raw materials and other immovable and movable property.

Article 267 The lawful property of a private person shall be protected by law, and any organization or individual shall be prohibited from encroaching upon, looting or destroying it.

Article 268 The State, a collective or an individual may, in accordance with law, contribute capital to establish a limited liability company, a joint stock limited company or any other enterprise. Where the real or movable property owned by the state, collective and private individuals is invested in an enterprise, the investor shall, in accordance with the agreement or the proportion of capital contribution, enjoy the rights of asset income, major decision-making and the selection of management managers and perform their obligations.

Article 269 For-profit legal persons shall have the right to possess, use, profit from and dispose of their immovable and movable property in accordance with laws, administrative regulations and articles of association.

The rights of legal persons other than for-profit legal persons to their immovable and movable property shall be governed by the provisions of relevant laws, administrative regulations and articles of association.

Article 270 The realties and chattels lawfully owned by legal persons of social organizations and donating legal persons shall be protected by law.

Chapter 6 The owner's building is divided ownership.

Article 271 The owner shall have the ownership of the exclusive parts of the building, such as residential and business premises, and shall have the right to share and jointly manage the common parts other than the exclusive parts.

Article 272 The owner shall have the right to possess, use, benefit from and dispose of the exclusive parts of his building. The exercise of rights by an owner shall not endanger the safety of the building or impair the legitimate rights and interests of other owners.

Article 273 The owners shall enjoy rights and assume obligations with respect to the common parts of the building other than the exclusive parts; they shall not fail to perform their obligations on the ground of abandoning their rights.

The owner transfers the residential and business premises in the building, and its rights to the common and joint management shared by the common ministry are transferred together.

Article 274 Roads within building zones shall belong to the owners, except for those belonging to urban public roads. The green space within the building division belongs to the owners, except for those that belong to the urban public green space or that expressly belong to individuals. Other public places, public facilities and property service houses within the building area are owned by the owners.

Article 275 The ownership of parking spaces and garages planned for parking cars within a building zone shall be agreed upon by the parties through sale, gift or lease.

Occupation of parking spaces on roads or other sites shared by the owners for parking cars belongs to the owners.

Article 276 Within a building zone, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

Article 277 The owners may establish an owners' assembly and elect an owners' committee. The specific conditions and procedures for the establishment of the owners' assembly and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's governments and the residents committees shall give guidance and assistance to 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:

(I) formulate and amend the rules of procedure of the owners' congress;

(II) formulating and amending management statutes;

(III) electing the owners' committee or changing the members of the owners' committee;

(IV) selecting, hiring and dismissing property service enterprises or other managers;

(V) use of funds for the maintenance of buildings and their ancillary facilities;

(VI) raise funds for the maintenance of buildings and their ancillary facilities;

(VII) alteration and reconstruction of buildings and their ancillary facilities;

(VIII) changing the use of the common parts or using the common parts to engage in business activities;

(IX) other significant matters relating to the right of co-ownership and co-management.

The matters jointly decided by the owners shall be voted on by the owners whose exclusive part accounts for more than 2/3 of the area and the owners whose number accounts for more than 2/3. Decisions on the matters specified in Items 6 to 8 of the preceding paragraph shall be approved by the owners whose voting area is more than 3/4 and the number of owners whose voting is more than 3/4. Decisions on other matters in the preceding paragraph shall be approved by more than half of the owners of the exclusive part of the voting area and more than half of the number of owners participating in the voting.

Article 279 The owner shall not change the residence into a business house in violation of laws, regulations and management regulations. If the owner changes the residence into a commercial house, in addition to complying with laws, regulations and management regulations, it shall be subject to the unanimous consent of the interested owners.

Article 280 Decisions made by the owners' assembly or the owners' committee shall be legally binding on the owners.

If the decision made by the owners' assembly or the owners' committee infringes upon the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Article 281 Funds for the maintenance of a building and its ancillary facilities shall be shared by the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls and barrier-free facilities. The collection and use of funds for the maintenance of buildings and their ancillary facilities shall be made public on a regular basis.

If it is necessary to repair the building and its ancillary facilities in an emergency, the owners' assembly or the owners' committee may apply for the use of maintenance funds for the building and its ancillary facilities in accordance with the law.

Article 282 The income generated by the construction unit, real estate service enterprise or other managers using the common part of the owner shall belong to the owners after deducting reasonable costs.

Article 283 If there is an agreement on the cost-sharing and income distribution of the building and its ancillary facilities, it shall be determined in accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be determined in accordance with the proportion of the area of the owner's exclusive part.

Article 284 The owner may manage the building and its ancillary facilities on his own, or entrust the management of the building service enterprise or other managers.

The owner has the right to replace the property service enterprise or other managers hired by the construction unit in accordance with the law.

Article 285 The realty service enterprise or other manager shall, upon the entrustment of the owner, manage the buildings and their ancillary facilities within the building area in accordance with the provisions of Part III of this Law on realty service contracts, accept the supervision of the owner, and promptly respond to the owner's inquiries about the realty service.

Property service enterprises or other managers shall implement the 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 owners shall abide by the laws, regulations and management regulations, and the relevant acts shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement the emergency response measures and other management measures implemented by the government in accordance with the law, the owners shall cooperate in accordance with the law.

The owners' assembly or the owners' committee has the right to, in accordance with laws, regulations and management regulations, request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state and compensate for the losses for the acts that damage the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, occupying passages and refusing to pay property fees.

If the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle the matter according to law.

Article 287 The owner shall have the right to claim civil liability for the acts of the construction unit, the real estate service enterprise or other managers and other owners that infringe upon their legitimate rights and interests.

Chapter VII Adjacent Relations

Article 288 the neighboring right holders of real estate shall correctly handle the neighboring relations in accordance with the principles of conducive production, convenient life, unity and mutual assistance, fairness and reasonableness.

Article 289 Where laws and regulations have provisions on the handling of adjacent relations, they shall be in accordance with their provisions; where laws and regulations have no provisions, they may be in accordance with local customs.

Article 290 The right holder of a real property shall provide necessary facilities for the neighboring right holder to use water and drain water.

The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the real estate. The discharge of natural flowing water should respect the natural flow direction.

Article 291 Where a real estate right holder has to use his land due to passage, etc., he shall provide necessary convenience.

Article 292 Where the right holder of a real estate must use adjacent land or buildings for the construction or repair of buildings and the laying of wires, cables, water pipes, heating and gas pipelines, etc., the right holder of the land or building shall provide necessary convenience.

Article 293 No building may be constructed in contravention of the relevant state standards for engineering construction, or in obstruction of ventilation, daylighting and sunshine of adjacent buildings.

Article 294 the right holder of real estate shall not dispose of solid waste in violation of the provisions of the state and discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation.

Article 295 The right holder of a real estate shall not endanger the safety of the adjacent real estate by excavating land, constructing buildings, laying pipelines and installing equipment.

Article 296 Where a real estate right holder uses adjacent real estate for water, drainage, passage, laying pipelines, etc., he shall try his best to avoid causing damage to the adjacent real estate right holder.

Chapter VIII Common

Article 297 Immovable or movable property may be shared by two or more organizations or individuals. Shared includes shared and shared.

Article 198 The co-owners shall have ownership of the real or movable property in common according to their share.

Article 299 The co-owners shall jointly have ownership of the immovable or movable property they share.

Article 300 The co-owners shall manage the real or movable property they share in accordance with the agreement; if there is no agreement or the agreement is unclear, each co-owner shall have the right and obligation to manage.

Article 201 The disposition of shared real or movable property and the major repairs, changes in the nature or use of shared real or movable property shall be subject to the consent of the co-owners or all co-owners who account for more than 2/3 of the shares, unless otherwise agreed between the co-owners.

Article 402 If the co-owners have an agreement on the management costs and other burdens of the common property, they shall be borne in accordance with their agreement; if there is no agreement or the agreement is unclear, the co-owners shall bear the burden in accordance with their share, and the co-owners shall bear the burden together.

Article 303 If the co-owners agree that the shared real or movable property shall not be divided to maintain the common relationship, the agreement shall be followed, but if the co-owners have major reasons for the division, they may request the division; if there is no agreement or the agreement is not clear, the co-owners may request the division at any time, and the co-owners may request the division when the basis of the joint is lost or there are major reasons for the division. If the division causes damage to other co-owners, compensation shall be paid.

Article 304 The co-owners may negotiate to determine the method of division. If no agreement is reached, the common real or movable property can be divided and the value will not be reduced by division, the physical object shall be divided; if it is difficult to divide or the value will be reduced by division, the price obtained at a discount or auction or sale shall be divided.

If the real or movable property obtained by the co-owners is defective, the other co-owners shall share the loss.

Article 305 A co-owner may transfer his share of the common immovable or movable property. Other co-owners have the right of priority to purchase under the same conditions.

Article 306 Where a co-owner transfers his share of common immovable or movable property according to his share, he shall promptly notify the other co-owners of the conditions of the transfer. 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 ratios; if they fail to negotiate, they shall exercise the right of first refusal in accordance with the proportion of their respective common shares at the time of transfer.

Article 307 For the claims and debts arising from the common immovable property or movable property, the co-owners shall enjoy joint claims and bear joint debts in external relations, unless otherwise provided by law or the third party knows that the co-owners do not have joint claims and debts; in internal relations of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy claims and bear debts in accordance with their shares, common co-owners share claims and assume debts. A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners.

Article 108 If the co-owners do not agree on the joint ownership of the real or movable property in common, or if the agreement is not clear, it shall be deemed to be joint ownership by share, unless the co-owners have family relations, etc.

Article 309 If there is no agreement or the agreement is not clear on the share of the shared real or movable property, 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 be enjoyed in equal amount.

Article 360 Where two or more organizations or individuals jointly enjoy usufructuary rights or security interests, the relevant provisions of this chapter shall apply by reference.

Chapter IX Special Provisions on the Ownership

Article 31 Where a person without the right of disposition transfers immovable property or movable property to a transferee, the owner shall have the right to recover it; unless otherwise provided by law, the transferee shall acquire ownership of the immovable or movable property if the following circumstances are met:

(I) the transferee is in good faith when he assigns the immovable or movable property;

(II) transfer at a reasonable price;

The immovable or movable property transferred by the (III) shall be registered in accordance with the provisions of the law, and the immovable or movable property that is not required to be registered has been delivered to the transferee.

Where the transferee acquires ownership of the immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner shall have the right to claim damages from the person without the right of disposition.

If the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Article 312 The owner or other right holders shall have the right to recover the lost property. If the lost property is occupied by another person through transfer, the right holder has the right to claim damages from the person without the right to dispose of it, or to request the transferee to return the original property within two years from the date when he knew or should have known the transferee; however, if the transferee purchases the lost property by auction or from a business operator with business qualifications, the right holder shall pay the expenses paid by the transferee when requesting the return of the original property. The right holder shall have the right to recover from the person without the right of disposition after paying the payment to the transferee.

Article 313 After the bona fide transferee acquires the movable property, the original right in the movable property is extinguished. However, unless the bona fide assignee knew or should have known of the right at the time of the transfer.

Article 314 Lost property found shall be returned to the right holder. The finder shall promptly notify the right holder to collect 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 him to collect it; if it does not know, it shall promptly issue a notice of the application.

Article 316 Before the lost property is delivered to the relevant department, the relevant department shall properly keep the lost property before the lost property is collected. Civil liability shall be borne for the damage or loss of lost property caused by intentional or gross negligence.

Article 317 When the right holder receives the lost property, he shall pay the finder or the relevant department the necessary expenses for the custody of the lost property.

If the obligee is offering a reward for searching for the lost property, the obligee shall fulfill his obligations as promised when receiving the lost property.

If the finder appropriates the lost property, he shall not have the right to request the expenses of keeping the lost property, nor shall he have the right to request the right holder to perform his obligations in accordance with the promise.

Article 118 Lost property that is unclaimed within one year from the date of the announcement of the application shall be owned by the State.

Article 319 Where drifting objects are found, buried objects or hidden objects are found, reference shall be made to the relevant provisions applicable to the collection of lost objects. Where the law provides otherwise, such provisions shall prevail.

Article 320 Where the principal property is transferred, the subordinate property shall be transferred with the principal property, unless otherwise agreed by the parties.

Article 341 Natural fruits shall be acquired by the owner; if there is both an owner and a beneficial owner, it shall be acquired by the beneficial owner. If the parties agree otherwise, they shall follow their agreement.

Legal fruits, if the parties have agreed, shall be obtained in accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be obtained in accordance with the trading habits.

Article 322 The ownership of objects arising from processing, attachment, or mixing shall be determined in accordance with the agreement if there is an agreement; if there is no agreement or the agreement is unclear, in accordance with the law; if there is no provision in the law, it shall be determined in accordance with the principles of giving full play to the utility of the object and protecting the parties who are not at fault. If one party's fault or the attribution of the property causes damage to the other party, compensation or compensation shall be paid.

Sub-part 3 usufructuary rights

Chapter X General Provisions

Article 323 A usufructuary right holder shall have the right to possess, use and benefit from the immovable or movable property owned by others in accordance with the law.

Article 324 Organizations and individuals may, in accordance with the law, possess, use and benefit from natural resources owned by the State or owned by collectives and owned by law.

Article 325 The State applies a system of remunerative use of natural resources, except as otherwise provided for by law.

Article 326 A usufructuary right holder shall, in exercising his rights, abide by the provisions of the law relating to the protection and rational development and utilization of resources and the protection of the ecological environment. The owner shall not interfere with the exercise of the rights of the beneficial property owner.

Article 327 Where the usufructuary right is extinguished or the exercise of the usufructuary right is affected due to the expropriation or requisition of the immovable or movable property, the usufructuary right holder shall have the right to obtain corresponding compensation in accordance with the provisions of Articles 243 and 245 of this Law.

Article 328 The right to use sea areas acquired in accordance with law shall be protected by law.

Article 329 The prospecting rights, mining rights, water drawing rights and the rights to use waters and tidal flats for aquaculture and fishing obtained in accordance with the law shall be protected by law.

Chapter XI Right to the Contracted Management of Land

Article 330 Rural collective economic organizations shall implement a two-tier management system based on household contract management and a combination of unified and separate management.

Farmland, woodland, grassland and other land used for agriculture that are collectively owned by farmers and owned by the State shall be subject to a land contract management system in accordance with the law.

Article 331 The holder of the right to the contracted management of land shall, in accordance with the law, enjoy the right to possess, use and benefit from the cultivated land, woodland and grassland contracted for management, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry.

Article 332 The contract period for cultivated land shall be 30 years. The contract period of grassland is thirty to fifty years. The contract period of the forest land is thirty to seventy years.

Upon the expiration of the term of contract provided for in the preceding paragraph, the land contractual management right shall continue to contract in accordance with the legal provisions on rural land contracting.

Article 333 The right to land contractual management shall be established when the contract for the right to land contractual management takes effect.

The registration agency shall issue the land contract management right certificate, forest right certificate and other certificates to the land contract management right holder, and register the record to confirm the land contract management right.

Article 334 The holder of the right to land contractual management shall, in accordance with the provisions of the law, have the right to exchange and transfer the right to land contractual management. Without approval according to law, the contracted land shall not be used for non-agricultural construction.

Article 335 Where the right to land contractual management is exchanged or transferred, the parties may apply to the registration agency for registration; without registration, they may not oppose a bona fide third party.

Article 336 The contractor shall not adjust the contracted land during the contract period.

If it is necessary to properly adjust the contracted cultivated land and grassland due to special circumstances such as serious damage to the contracted land due to natural disasters, it shall be handled in accordance with the legal provisions on rural land contracting.

Article 337 The contractor shall not recover the contracted land during the contract period. Where the law provides otherwise, such provisions shall prevail.

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 land contract management right holder may independently decide to transfer the land management right to others by leasing, buying shares or other means in accordance with the law.

Article 340 The land management right holder 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 income.

Article 341 Land management rights with a transfer period of more than five years shall be established when the transfer contract takes effect. The parties may apply to the registration authority for registration of land management rights; without registration, they may not oppose 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 in accordance with the law, the land management right may be transferred by lease, shareholding, mortgage or other means in accordance with the law.

Article 343 Where state-owned agricultural land is contracted for management, the relevant provisions of this Part shall apply with reference to it.

Chapter XII Right to Use Land for Construction

Article 344 The holder of the right to use the land for construction shall, in accordance with law, enjoy the right to possess, use and profit from the land owned by the State, and shall have the right to use the land for the construction of buildings, structures and their ancillary facilities.

Article 345 The right to the use of construction land may be established separately on the surface, above ground or underground of the land.

Article 346 The establishment of the right to use land for construction shall meet the requirements of resource conservation and ecological environment protection, comply with the provisions of laws and administrative regulations on land use, and shall not damage the usufructuary right that has already been established.

Article 347 The right to use construction land may be established by means of transfer or allocation.

If there are more than two intended land owners of the same land, such as industrial, commercial, tourism, entertainment and commercial housing, they shall be sold by means of public bidding, auction and other means.

Strictly restrict the establishment of the right to use construction land by means of allocation.

Article 348 Where the right to use construction land is established through bidding, auction, agreement and other methods of transfer, the parties concerned shall conclude a contract for the transfer of the right to use construction land in writing.

The contract for granting the right to use construction land generally includes the following clauses:

The name and domicile of the (I) party;

(II) land boundary, area, etc;

Space occupied by (III) buildings, structures and their ancillary facilities;

(IV) land use and planning conditions;

Term of (V) construction land use right;

Fees such as (VI) transfer fees and their payment methods;

(VII) methods of dispute resolution.

Article 349 Anyone who establishes the right to use construction land shall apply to the registration agency for registration of the right to use construction land. The right to use construction land shall be established upon registration. The registration authority shall issue a certificate of ownership to the holder of the right to use the land for construction.

Article 350 The holder of the right to use the land for construction shall make rational use of the land and shall not change the use of the land; if it is necessary to change the use of the land, it shall be approved by the relevant administrative department in accordance with the law.

Article 351 The owner of the right to use the land for construction shall pay the transfer fee and other expenses in accordance with the provisions of the law and the contract.

Article 352 Ownership of Buildings, Structures and Ancillary Facilities Built by the Owner of the Land for Construction Use shall belong to the Owner of the Land for Construction Use, unless proved by evidence to the contrary.

Article 353 The holder of the right to use construction land shall have the right to transfer, exchange, contribute capital, gift or mortgage the right to use construction land, except as otherwise provided by law.

Article 354 Where the right to use construction land is transferred, exchanged, contributed, donated or mortgaged, the parties shall conclude a corresponding contract in writing. The term of use shall be agreed upon by the parties, but shall not exceed the remaining term of the right to use the construction land.

Article 355 Where the right to use construction land is transferred, exchanged, contributed or donated, it shall apply to the registration authority for registration of change.

Article 356 Where the right to the use of construction land is transferred, exchanged, contributed or donated, the buildings, structures and their ancillary facilities attached to the land shall be disposed of together.

Article 357 Where a building, structure and its ancillary facilities are transferred, exchanged, contributed or donated, the right to use the land for construction within the scope occupied by the building, structure and its ancillary facilities shall be disposed of together.

Article 358 If, before the expiration of the term of the right to the use of construction land, it is necessary to recover the land in advance due to public interests, compensation shall be made for the houses and other real estate on the land in accordance with the provisions of Article 243 of this Law, and the corresponding transfer fee shall be refunded.

Article 359 If the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use non-residential construction land after the expiration of the term shall be handled in accordance with the provisions of the law. The ownership of houses and other real estate on the land shall be in accordance with the agreement if there is an 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 Where the right to the use of construction land is extinguished, the transferor shall promptly cancel the registration. The registration authority shall withdraw the ownership certificate.

Article 361 Where collectively-owned land is used as land for construction, it shall be handled in accordance with the legal provisions on land management.

Chapter XIII Right to Use Homestead

Article 362 The owner of the right to use the homestead shall have the right to possess and use the land owned by the collective according to law, and shall have the right to use the land to build houses and their ancillary facilities according to law.

Article 363 The acquisition, exercise and transfer of the right to the use of house sites shall be governed by the laws on land administration and the relevant provisions of the State.

Article 364 If the homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homesteads shall be redistributed according to law.

Article 365 Where the registered right to use the homestead is transferred or eliminated, the registration of change or cancellation shall be carried out in a timely manner.

Chapter XIV Right of Residence

Article 366 The holder of the right of habitation shall have the right to enjoy the right to possess and use the house of another person in accordance with the contract to meet the needs of living and dwelling.

Article 367 For the establishment of the right of residence, the parties shall conclude a contract of the right of residence in writing.

A residence contract generally includes the following clauses:

(I) the names or names and domiciles of the parties;

the location of the (II) residence;

Conditions and requirements for (III) residence;

Duration of (IV) residence;

(V) methods of dispute resolution.

Article 368 The right of abode is established free of charge, unless otherwise agreed by the parties. If the right of residence is established, the registration of the right of residence shall be applied to the registration institution. The right of residence is established from the time of registration.

Article 369 The right of residence may not be transferred or inherited. A residence with the right of residence may not be rented out, unless otherwise agreed by the parties.

Article 370 If the term of the right of residence expires or the person with 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 by will, the relevant provisions of this Chapter shall apply by reference.

Chapter XV Easement

Article 372 The easement holder shall have the right to use the real estate of others in accordance with the contract in order to improve the efficiency of his own real estate.

The immovable property of another person referred to in the preceding paragraph shall be the land for servitude, and the immovable property of one's own shall be the land for servitude.

Article 373 For the establishment of an easement, the parties shall conclude an easement contract in writing.

An easement contract generally includes the following clauses:

(I) the names or names and domiciles of the parties;

The location of (II) land for service and land for service;

Purpose and method of (III) utilization;

the term of the (IV) easement;

(V) fees and payment methods;

(VI) methods of dispute resolution.

Article 374 An easement is created when the easement contract becomes effective. If the parties request registration, they may apply to the registration agency for easement registration; without registration, they may not oppose bona fide third parties.

Article 375 The easement holder shall, in accordance with the contract, allow the easement holder to use his real estate and shall not hinder the easement holder from exercising his rights.

Article 376 The easement holder shall use the easement in accordance with the purpose and method of use agreed in the contract, and minimize the restrictions on the property rights of the easement holder.

Article 377 The term of the easement shall be agreed upon by the parties; however, it shall not exceed the remaining term of the usufructuary rights such as the right to land contractual management and the right to use construction land.

Article 378 Where the owner of the land enjoys the easement or bears the easement, when the land contract management right, the right to use the homestead and other beneficial property rights are established, the beneficial property right holder shall continue to enjoy or bear the easement that has been established.

Article 379 Where usufructuary rights such as land contract management rights, construction land use rights, homestead use rights, etc. have been established on the land, the land owner shall not establish an easement without the consent of the usufructuary right holder.

Article 380 Easements may not be transferred separately. If the right to land contractual management, the right to use construction land, etc. are transferred, the easement shall be transferred together, unless otherwise agreed in the contract.

Article 381 An easement may not be mortgaged separately. If the land management right, the right to use construction land, etc. are mortgaged, the easement shall be transferred together when the mortgage is realized.

Article 382 When transferring the land to be serviced and the land contract management right and the right to use construction land on the land to be serviced, if the part of the transfer involves an easement, the transferee shall also enjoy the easement.

Article 383 When the part of the servitude and the land contract management right and the right to use the construction land on the servitude land is transferred, if the part of the transfer involves an easement, the easement shall be legally binding on the transferee.

Article 384 If the easement holder has one of the following circumstances, the easement right holder shall have the right to terminate the easement contract and the easement shall be extinguished:

Abuse of easements by (I) in violation of legal provisions or contractual agreements;

(II) the use of the service land for a fee, the agreed payment period expires within a reasonable period of time after two reminders of unpaid fees.

Article 385 Where a registered easement is altered, transferred or extinguished, the alteration registration or cancellation registration shall be made in a timely manner.

Subpart 4 Security interests

Chapter XVI General Provisions

Article 386 The holder of the security right shall, in accordance with the law, enjoy the right to priority payment of the secured property in the event of the debtor's failure to perform the debt due or the realization of the security right agreed upon by the parties, unless otherwise provided by law.

Article 387 Where a creditor needs security in civil activities such as lending, buying and selling, in order to guarantee the realization of his or her claim, he or she may establish a security interest in accordance with the provisions of this Law and other laws.

Where a third party provides security to a creditor for the debtor, the debtor may be required to provide a counter-security. The counter-guarantee shall be governed by the provisions of this Law and other laws.

Article 388 For the creation of a real right for security, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Security contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is the subordinate contract of the main creditor's debt contract. If the main creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall bear the corresponding civil liability according to their fault.

Article 389 The scope of security of a security right includes the principal claim and interest thereon, liquidated damages, damages for damages, the costs of keeping the secured property and the costs of realizing the security right. If the parties agree otherwise, they shall follow their agreement.

Article 390 During the period of guarantee, if the secured property is damaged, lost or expropriated, the holder of the security right may give priority to the payment of the insurance money, compensation or compensation obtained. If the period of performance of the secured claim has not expired, the insurance money, compensation or compensation may also be deposited.

Article 391 If a third party provides security and the creditor allows the debtor to transfer all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding security liability.

Article 392 Where the secured claim is secured by both the property and the person's security, the debtor fails to perform the due debt or the parties agree to realize the security right, the creditor shall realize the claim in accordance with the agreement; if there is no agreement or the agreement is not clear, the debtor himself provides the security in the property, the creditor shall first realize the claim on the security in the property; a third party provides the security in the property, the creditor may realize the claim on the security of the property or request the guarantor to assume the responsibility of the guarantee. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Article 393 The real right for security shall be extinguished under any of the following circumstances:

(I) the principal claim is extinguished;

(II) the realization of security interests;

(III) the creditor to waive the real right for security;

Other circumstances in which the (IV) law provides for the elimination of security interests.

Chapter XVII Mortgage

Section 1 General Mortgages

Article 394 If the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor for the performance of the secured debt, the creditor shall have the right to give priority to the payment of the property if the debtor fails to perform the due debt or the realization of the mortgage agreed upon by the parties occurs.

The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagor, and the property that provides security is the mortgaged property.

Article 395 The following property that the debtor or a third party has the right to dispose of may be mortgaged:

(I) buildings and other land attachments;

(II) the right to use land for construction;

(III) the right to use sea areas;

(IV) production equipment, raw materials, semi-finished products and products;

(V) buildings, ships, aircraft under construction;

(VI) means of transportation;

Other property not prohibited by (VII) laws and administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph together.

Article 396 Enterprises, individual industrial and commercial households, and agricultural producers and operators may mortgage existing and future production equipment, raw materials, semi-finished products, and products. If the debtor fails to perform the due debts or the mortgage is realized as agreed by the parties, the creditor shall have the right to give priority to the movable property when the mortgaged property is determined.

Article 397 Where a building is mortgaged, the right to use the land for construction within the area occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land are mortgaged together.

If the mortgagor has not mortgaged together in accordance with the provisions of the preceding paragraph, the unmortgaged property shall be deemed to be mortgaged together.

Article 398 The right to use construction land of township and village enterprises shall not be mortgaged separately. If the buildings such as factories of township and village enterprises are mortgaged, the right to use the construction land within the scope of their occupation shall be mortgaged together.

Article 399 The following property may not be mortgaged:

(I) land ownership;

(II) the right to the use of collectively-owned land such as homesteads, private plots and private hills, except for those that can be mortgaged as stipulated by law;

(III) 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;

(IV) property whose ownership or use right is unknown or disputed;

(V) property that has been sealed up, distrained or placed under supervision in accordance with the law;

Other property that may not be mortgaged as prescribed by (VI) laws and administrative regulations.

Article 400 In the establishment of a mortgage, the parties shall conclude a mortgage contract in writing.

Mortgage contracts generally include the following clauses:

(I) the type and amount of the secured claim;

(II) the time limit for the debtor to perform the debt;

(III) the name and quantity of the mortgaged property;

Scope of (IV) Guarantee.

Article 101 If the mortgagee agrees with the mortgagor that the mortgaged property shall be owned by the creditor when the debtor fails to perform the due debt before the expiration of the term for the performance of the debt, the mortgagee may only receive priority payment of the mortgaged property in accordance with the law.

Article 172 Where a mortgage is placed on the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or on a building under construction specified in Item 5, the mortgage shall be registered. The mortgage is created from the time of registration.

Article 407 Where a movable property is mortgaged, the mortgage right shall be established when the mortgage contract becomes effective; without registration, it shall not be used against a bona fide third party.

Article 404 Where a movable property is mortgaged, it shall not be used against a buyer who has paid a reasonable price and obtained the mortgaged property in the ordinary course of business.

Article 405 If the mortgaged property has been leased and transferred to possession before the establishment of the mortgage, the original lease relationship shall not be affected by the mortgage.

Article 206 During the period of mortgage, the mortgagor may transfer the mortgaged property. If the parties agree otherwise, they shall follow their agreement. If the mortgaged property is transferred, the mortgage shall not be affected.

If the mortgagor transfers the mortgaged property, he shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may impair the mortgage, he may request the mortgagor to pay the mortgagee the proceeds of the transfer to the mortgagee in advance of the debt or deposit. The excess of the transferred price over the amount of the claim shall be owned by the mortgagor, and the shortfall shall be paid off by the debtor.

Article 207 Mortgages may not be transferred separately from claims or used as security for other claims. Where a claim is transferred, the mortgage securing the claim is transferred together, unless 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 his behavior; if the value of the mortgaged property decreases, the mortgagee shall have the right to request the restoration of the value of the mortgaged property or to provide security corresponding to the reduced value. If the mortgagor does not restore the value of the mortgaged property or provide security, the mortgagee shall have the right to request the debtor to pay off the debt in advance.

Article 309 The mortgagee may waive the right to mortgage or the right to mortgage. The mortgagee and the mortgagor may agree to change the subrogation of the mortgage and the amount of the secured claim. However, the alteration of the mortgage right shall not adversely affect the other mortgagee without the written consent of the other mortgagee.

If the debtor sets up a mortgage on his own property, and the mortgagee waives the mortgage, the mortgage subordination or changes the mortgage, the other guarantor shall be exempted from the liability of the security to the extent that the mortgagee loses the priority interest, except where the other guarantor undertakes to still provide the security.

Article 420 If the debtor fails to perform the debt due or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to pay the mortgaged property at a discount or at the price of the proceeds from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the manner in which the mortgage is realized, the mortgagee may request the people's court to auction or sell the mortgaged property.

Where the mortgaged property is discounted or sold, reference shall be made to the market price.

Article 341 Where a mortgage is created in accordance with the provisions of Article 396 of this Law, the mortgaged property shall be determined when one of the following circumstances occurs:

(I) the expiration of the time limit for the performance of the debt, the creditor's rights are not realized;

(II) the mortgagor is declared bankrupt or dissolved;

(III) the circumstances of the realization of the mortgage agreed upon by the parties;

(IV) other circumstances that seriously affect the realization of claims.

Article 412 Where the debtor fails to perform the due debt or the circumstances agreed upon by the parties to realize the mortgage right occur, resulting in the mortgaged property being seized by the people's court in accordance with the law, the mortgagee shall have the right to collect the natural or statutory fruits of the mortgaged property from the date of seizure, except where the mortgagee fails to notify the person who should pay off the statutory fruits.

The fruits provided for in the preceding paragraph shall first be offset against 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 claim shall be owned by the mortgagor, and the insufficient portion shall be paid off by the debtor.

Article 414 Where the same property is mortgaged to two or more creditors, the proceeds from the auction or sale of the mortgaged property shall be paid off in accordance with the following provisions:

If the (I) mortgage has been registered, the order of liquidation shall be determined according to the time of registration;

The registered (II) mortgage is paid before the unregistered one;

If the (III) mortgage is not registered, it shall be paid off in proportion to the claim.

For other security interests that may be registered, the order of liquidation shall be governed by reference to the provisions of the preceding paragraph.

Article 415 Where the same property creates both a mortgage and a pledge, the price of the proceeds from the auction or sale of the property shall be determined in the order of liquidation in accordance with the time of registration and delivery.

Article 416 The principal claim secured by a mortgage on movable property is the price of the mortgage, and if the mortgage is registered within ten days after the delivery of the subject matter, the mortgagee shall have priority over the other security interests of the buyer of the mortgage, except for the lien holder.

Article 417 After the right to the use of construction land is mortgaged, the new buildings on the land shall not be mortgaged property. When the right to use the construction land is mortgaged, the new buildings on the land shall be disposed of together with the right to use the construction land. However, the mortgagee is not entitled to priority payment of the price received from the new building.

Article 418 Where the right to use collectively-owned land is mortgaged in accordance with the law, the nature of land ownership and land use shall not be changed without legal procedures after the realization of the mortgage.

Article 419 The mortgagee shall exercise the mortgage right during the limitation period of the main claim; if it fails to do so, the people's court shall not protect it.

Section 2 Maximum Mortgage

Article 420 In order to guarantee the performance of the debt, if the debtor or a third party provides security property for the claims that will occur continuously within a certain period of time, the debtor fails to perform the due debt or the realization of the mortgage agreed upon by the parties occurs, the mortgagee shall have the right to give priority to the payment of the secured property within the maximum amount of the claim.

Claims that existed prior to the establishment of the maximum mortgage may, with the consent of the parties, be transferred to the scope of the claims secured by the maximum mortgage.

Article 421 Where part of the claim is transferred before the determination of the claim secured by the maximum mortgage, the maximum mortgage may not be transferred, unless otherwise agreed by the parties.

Article 422 Prior to the determination of the claim secured by the maximum amount of mortgage, the mortgagee and the mortgagor may, by agreement, change the period for which the claim is determined, the scope of the claim and the maximum amount of the claim. However, the content of the change shall not adversely affect other mortgagees.

Article 423 The claim of the mortgagee shall be determined under any of the following circumstances:

The period for determining the creditor's rights agreed upon by the (I) expires;

If the (II) does not agree on the period for determining the claim or the agreement is not clear, the mortgagee or the mortgagor requests the determination of the claim after the expiration of two years from the date of establishment of the maximum mortgage;

(III) new claims are unlikely to occur;

(IV) the mortgagee knows or should know that the mortgaged property is sealed up or distrained;

(V) the debtor or mortgagor is declared bankrupt or dissolved;

Other circumstances in which the (VI) law provides for the determination of claims.

Article 424 The relevant provisions of Section 1 of this Chapter shall apply in addition to the provisions of this Section.

Chapter XVIII Pledge

Section 1 Pledge of movable property

Article 225 If, in order to secure the performance of an obligation, the debtor or a third party pledges its movable product to the possession of the creditor, the creditor shall have the right to give priority to the payment of the movable property if the debtor fails to perform the debt due or if the parties agree to realize the right of quality.

The debtor or the third party specified in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.

Article 426 Movable property the transfer of which is prohibited by law or administrative regulations shall not be pledged.

Article 427 To establish a pledge right, the parties shall conclude a pledge contract in writing.

A pledge contract generally includes the following clauses:

(I) the type and amount of the secured claim;

(II) the time limit for the debtor to perform the debt;

(III) the name and quantity of the pledged property;

the scope of the (IV) guarantee;

(V) the time and manner of delivery of the pledged property.

Article 228 Where the pledgee agrees with the pledgee that the pledged property shall be owned by the creditor in the event of the debtor's non-performance of the debt due before the expiration of the period for the performance of the debt, the pledgee may only receive priority payment of the pledged property in accordance with the law.

Article 429 A pledge is created when the pledgee 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 provided for in the preceding paragraph shall first be offset against the cost of collecting the fruits.

Article 431 If the pledgee uses or disposes of the pledged property without the consent of the pledgee during the existence of the pledgee, causing damage to the pledgee, he shall be liable for compensation.

Article 132 The pledgee shall have the obligation to keep the pledged property properly; if the pledged property is damaged or lost as a result of improper custody, it shall be liable for compensation.

If the pledgee's actions may cause the pledged property to be damaged or lost, the pledgee may request the pledgee to deposit the pledged property, or request the early settlement of the debt and the return of the pledged property.

Article 433 If the pledged property may be damaged or significantly reduced in value due to reasons not attributable to the pledgee, which are sufficient to endanger the rights of the pledgee, the pledgee shall have the right to request the pledgee to provide corresponding security; If the pledgee does not provide it, the pledgee may auction or sell the pledged property, and agree with the pledgee to pay off the debt or deposit the proceeds from the auction or sale in advance.

Article 435 If, during the existence of the pledge, the pledgee, without the consent of the pledgee, causes damage to or loss of the pledged property, he shall be liable for compensation.

Article 435 The pledgee may waive the pledge. If the debtor pledges his own property and the pledgee waives the pledge, the other guarantor is relieved of liability to the extent that the pledgee loses its priority interest in payment, unless the other guarantor undertakes to still provide security.

Article 436 If the debtor performs the debt or the pledgee pays off the secured claim in advance, the pledgee shall return the pledged property.

If the debtor fails to perform the debt due or the parties agree to realize the right of quality, the right holder may agree with the pledgee to discount the pledged property, or the price of the proceeds from the auction or sale of the pledged property may be paid in priority.

Where the pledged property is discounted or sold, reference shall be made to the market price.

Article 437 The pledgee may request the pledgee to exercise the pledge in a timely manner after the expiration of the time limit for the performance of the debt; if the pledgee does not exercise it, the pledgee may request the people's court to auction or sell the pledged property.

If the pledgee requests the pledgee to exercise the pledge in a timely manner, and if the pledgee is negligent in exercising the right and causes damage to the pledgee, the pledgee shall be liable for compensation.

Article 438 After the pledged property is discounted or auctioned or sold, the portion of the price exceeding the amount of the claim shall be owned by the pledgee, and the shortfall shall be paid off by the debtor.

Article 439 The pledgee and the pledgee may agree to create a pledge of a maximum amount.

In addition to the relevant provisions of this section, the right of maximum amount shall be subject to the relevant provisions of Section 2 of Chapter 17 of this Part.

Section 2 Pledge of Rights

Article 440 The following rights that the debtor or a third party has the right to dispose of may be pledged:

(I) bills of exchange, cashier's checks, cheques;

(II) bonds, deposit slips;

(III) warehouse receipts, bills of lading;

(IV) transferable fund shares and equity;

(V) transferable property rights in intellectual property rights such as the exclusive right to use a registered trademark, patent right, and copyright;

(VI) existing and future accounts receivable;

(VII) other property rights that may be guaranteed under the provisions of laws and administrative regulations.

Article 441 Where a bill of exchange, promissory note, cheque, bond, certificate of deposit, warehouse receipt or bill of lading is pledged, the pledge shall be established when the certificate of right is delivered to the pledgee; if there is no certificate of right, the pledge shall be established when the pledge is registered. Where the law provides otherwise, such provisions shall prevail.

Article 442 If the date of cashing or taking delivery of a bill of exchange, promissory note, cheque, bond, deposit slip, warehouse receipt or bill of lading is prior to the maturity of the principal claim, the pledgee may cash or take delivery of the goods and agree with the pledgee to pay off the debt or take delivery of the goods in advance.

Article 443 Where a fund share or equity is pledged, the pledge shall be established at the time of the pledge registration.

After the fund shares and equity are pledged, they may not be transferred, except as agreed between the pledgee and the pledgee. The price received by the pledgee from the transfer of fund shares or equity shall be paid off or deposited in advance to the pledgee.

Article 444 Where the property rights in intellectual property rights such as the exclusive right to use a registered trademark, patent right, copyright, etc. are pledged, the pledge shall be established when the pledge is registered.

After the property right in the intellectual property right has been pledged, the pledgor may not transfer or license it to another person, unless the pledgor and the pledgee agree through consultation. The price derived from the transfer or licensing of the property rights in the pledged intellectual property rights by the pledgee shall be paid off or deposited with the pledgee in advance.

Article 445 Where a pledge is made in accounts receivable, the pledge shall be established at the time of the pledge registration.

After the accounts receivable are pledged, they may not be assigned, unless the pledgee and the pledgee agree to negotiate. The price received from the transfer of accounts receivable by the pledgee shall be paid off or deposited in advance to the pledgee.

Article 446 In addition to the provisions of this Section, the relevant provisions of Section I of this Chapter shall apply to the pledge of rights.

Chapter 19 Lien

Article 447 If the debtor fails to perform the debts due, the creditor may lien the movable property of the debtor that has been legally occupied and shall have the right to priority payment of the movable property.

The creditor specified in the preceding paragraph is the lien holder, and the movable property in possession is the lien property.

Article 448 The movable property retained by a creditor shall belong to the same legal relationship as the claim, except for the lien between enterprises.

Article 449 No lien may be placed on movable property provided by law or as agreed by the parties.

Article 450 Where the retained property is divisible, the value of the retained property shall be equal to the amount of the debt.

Article 451 The lien holder shall have the obligation to keep the lien property properly; if the lien property is damaged or lost due to improper custody, it shall be liable for compensation.

Article 452 The lien holder shall have the right to collect the fruits of the lien property.

The fruits provided for in the preceding paragraph shall first be offset against the cost of collecting the fruits.

Article 453 The lien holder and the debtor shall agree on the period of performance of the debt after the lien of the property; if there is no agreement or the agreement is unclear, the lien holder shall give the debtor 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 agree with the debtor to discount the lien property, or may give priority to the payment of the price of the proceeds from the auction or sale of the lien property.

Where the lien property is discounted or sold, reference shall be made to the market price.

Article 454 The debtor may request the lien holder to exercise the lien after the expiration of the period of performance of the debt; if the lien holder does not exercise it, the debtor may request 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 price exceeding the amount of the claim shall be owned by the debtor, and the shortfall shall be paid off by the debtor.

Article 456 Where a mortgage or pledge has been established on the same movable property and the movable property is retained, the lien holder shall have priority in compensation.

Article 457 If the lien holder loses possession of the lien property or the lien holder accepts another security provided by the debtor, the lien shall be extinguished.

Subpart V Possession

Chapter 20 Possession

Article 458 Possession based on contractual relations, etc., the use of immovable or movable property, proceeds, liability for breach of contract, etc., shall be in accordance with the contract.

Article 459 If the possessor uses the real or movable property in his possession and causes damage to the real or movable property, the malicious possessor shall be liable for compensation.

Article 460 Where a real or movable property is possessed by a possessor, the right holder may request the return of the original property and its fruits; however, the necessary expenses incurred by the bona fide possessor for the maintenance of the real or movable property shall be paid.

Article 461 If the real or movable property in possession is damaged or lost, and the right holder of the real or movable property requests compensation, the possessor shall return the insurance money, compensation or compensation obtained as a result of the damage or loss to the right holder; if the damage of the right holder is not sufficiently made up, the malicious possessor shall also compensate for the loss.

Article 462 Where the real or movable property in possession is embezzled, the possessor shall have the right to request the return of the original property; for acts that hinder possession, the possessor shall have the right to request the removal of the nuisance or the elimination of the danger; if the damage is caused by the embezzlement or nuisance, the possessor shall have the right to claim damages in accordance with the law.

If the possessor's right to claim the return of the original property is not exercised within one year from the date of the encroachment, the right to claim shall be extinguished.

Part III Contracts

Part I General Principles

Chapter I General Provisions

Article 463 This part adjusts the civil relationship arising from the contract.

Article 464 A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship.

The legal provisions on identity relations such as marriage, adoption and guardianship shall apply to the agreements on such identity relations; if there are no provisions, the provisions of this Part may be applied by reference according to their nature.

Article 465 A lawfully formed contract shall be protected by law.

A lawfully formed contract is legally binding only on the parties, unless otherwise provided by law.

Article 466 If the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed terms shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the text of a contract is concluded in two or more languages and the agreement is equally valid, the words used in the texts are presumed to have the same meaning. If the words used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose and principle of good faith of the contract.

Article 467 Where a contract is not expressly provided for in this Law or other laws, the provisions of the General Principles of this Part shall apply, and may be applied by reference to the provisions of this Part or other laws that are most similar to contracts.

The the People's Republic of China laws shall apply to contracts for Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and Chinese-foreign cooperative exploration and development of natural resources performed within the territory of the People's Republic of China.

Article 468 The legal provisions governing the relationship between claims and debts not arising from a contract shall apply; if there are no provisions, the relevant provisions of the General Principles of this Part shall apply, except where they cannot be applied by their nature.

Chapter II Conclusion of Contracts

Article 469 The parties may conclude a contract in writing, orally or in other forms.

Written form is the form of a contract, letter, telegram, telex, fax, etc. in which the contents can be tangibly expressed.

Electronic data interchange, e-mail, etc., can tangibly express the contents of the contents, and can be accessed at any time to access the data message, as written form.

Article 470 The contents of a contract shall be agreed upon by the parties and shall generally include the following clauses:

(I) the names or names and domiciles of the parties;

Subject matter of (II);

Number of (III);

Quality of (IV);

(V) price or remuneration;

Time limit, place and method of (VI) performance;

(VII) liability for breach of contract;

(VIII) methods of dispute resolution.

The parties may conclude a contract by reference to the model texts of various types of contracts.

Article 471 The parties may conclude a contract by offer, acceptance or other means.

An offer is an expression of intention to enter into a contract with another person, and the expression of intention shall meet the following conditions:

Specific determination of (I) content;

The (II) indicates that it is subject to the offeror's commitment, and the offeror is bound by that meaning.

Article 473 An invitation to make an offer is an indication that it is expected that another person will make an offer to itself. Auction announcements, tender announcements, prospectuses, bond raising methods, fund prospectuses, commercial advertisements and publicity, and price lists sent are invitations to offer.

If the content of the commercial advertisement and publicity meets the conditions of the offer, it constitutes an offer.

Article 474 The provisions of Article 137 of this Law shall apply to the time when an offer becomes effective.

Article 475 An offer may be withdrawn. The withdrawal of an offer shall be governed by the provisions of Article 141 of this Law.

Article 476 An offer may be revoked, except in any of the following circumstances:

(I) the offeror expressly states that the offer is irrevocable by fixing the commitment period or otherwise;

(II) the offeree has reason to believe that the offer is irrevocable and has made reasonable preparations for the performance of the contract.

Article 477 Where the intention to withdraw an offer is made by way of dialogue, the content of the intention shall be known to the offeree before the offeree makes a commitment.

Article 478 An offer shall lapse under any of the following circumstances:

(I) the offer is rejected;

(II) offer is revoked according to law;

(III) the commitment period expires and the offeree fails to make a commitment;

The offeree is (IV) to make material changes to the content of the offer.

Article 479 A commitment is an indication of the offeree's consent to the offer.

Article 480 An undertaking shall be made by notice; however, unless it is indicated in accordance with trading habits or the offer that the undertaking may be made by conduct.

Article 481 The acceptance shall reach the offeror within the time limit determined by the offer.

If the offer does not determine the period of commitment, the commitment shall be reached in accordance with the following provisions:

If the (I) offer is made by means of dialogue, the acceptance shall be made immediately;

(II) the offer is made in a non-dialogue manner, the acceptance shall arrive within a reasonable period of time.

Article 482 If an offer is made by letter or telegram, the period of commitment shall be counted from the date specified in the letter or the date of delivery of the telegram. If the letter is not dated, it shall be counted from the postmark date on which the letter was posted. If the offer is made by means of rapid communication such as telephone, fax, e-mail, etc., the commitment period shall be calculated from the time the offer reaches the offeree.

Article 483 A contract is formed when the undertaking becomes effective, unless otherwise provided by law or otherwise agreed by the parties.

Article 484 The provisions of Article 137 of this Law shall apply to the time when an undertaking made by way of notification becomes effective.

If a promise does not require notice, it shall take effect when the act of making a promise in accordance with the requirements of trading habits or offers.

Article 485 A promise may be withdrawn. The withdrawal of a commitment shall be governed by the provisions of Article 141 of this Law.

Article 486 If the offeree issues a commitment beyond the commitment period, or issues a commitment within the commitment period, it is a new offer if it cannot reach the offeror in time under normal circumstances.

Article 487 If the offeree issues a commitment within the commitment period and is able to reach the offeror in a timely manner in accordance with the usual circumstances, but for other reasons the commitment reaches the offeror beyond the commitment period, the commitment shall be valid unless the offeror promptly notifies the offeree that the commitment will not be accepted beyond the commitment period.

Article 488 The content of the commitment shall be consistent with the content of the offer. If the offeree makes a material change to the content of the offer, it shall be a new offer. Changes in the subject matter, quantity, quality, price or remuneration, period of performance, place and manner of performance, liability for breach of contract and method of dispute resolution are material changes to the content of the offer.

Article 489 Where a promise is made to make a non-material change to the content of the offer, the promise shall be valid, and the content of the contract shall prevail, unless the offeror objects in a timely manner or the offer indicates that it shall not make any change to the content of the offer.

Article 490 Where the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign, seal or press the seal. The contract is formed when one of the parties has performed its main obligations before signing, sealing or fingerprinting, and the other party accepts it.

Laws, administrative regulations or the parties agree that the contract shall be concluded in written form, the parties do not use written form but one party has performed the main obligations, the other party accepts the contract, the contract is established.

Article 491 Where the parties enter into a contract in the form of a letter, data message, etc., and require a confirmation letter, the contract shall be formed at the time of signing the confirmation letter.

If the goods or service information published by one party through the Internet and other information networks meets the conditions of the offer, the contract shall be established when the other party selects the goods or services and submits the order successfully, unless otherwise agreed by the parties.

Article 492 The place where the undertaking becomes effective is the place where the contract is formed.

Where a contract is concluded in the form of a data message, the recipient's principal place of business is the place where the contract was established; if there is no principal place of business, his domicile is the place where the contract was established. If the parties agree otherwise, they shall follow their agreement.

Article 493 Where the parties conclude a contract in the form of a contract, the place of the final signature, seal or fingerprint shall be the place of formation of the contract, unless otherwise agreed by the parties.

Article 494 Where the State issues State orders or mandatory tasks in accordance with the needs of emergency rescue and disaster relief, epidemic prevention and control or other needs, contracts shall be concluded between the relevant civil subjects in accordance with the rights and obligations stipulated in the relevant laws and administrative regulations.

A party who is obliged to make an offer in accordance with the provisions of laws and administrative regulations shall make a reasonable offer in a timely manner.

A party that has the obligation 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 Subscription, Order, Reservation, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitute an appointment contract.

If one of the parties fails to perform the obligation to conclude the contract under the appointment contract, the other party may request it to bear the liability for breach of the appointment contract.

Article 496 A standard clause is a clause drawn up in advance by the parties for the purpose of repeated use and not negotiated with the other party at the time of the conclusion of the contract.

Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party to pay attention to the terms that have a significant interest in the other party, such as the exemption or reduction of its responsibilities, and explain the terms in accordance with the requirements of the other party. If the party providing the standard clause fails to perform its obligation to prompt or explain, resulting in the other party failing to pay attention to or understand the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

Article 497 The format clause is invalid under any of the following circumstances:

The (I) is invalid as provided in Section 3 of Chapter 6 of Part I of this Law and Article 560 of this Law;

(II) the party providing the standard terms unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;

(III) the provision of standard terms excludes the other party's primary rights.

Article 498 If a dispute arises over the understanding of a standard clause, it shall be interpreted in accordance with the usual understanding. If there are two or more interpretations of the form clause, an interpretation that is not conducive to the party providing the form clause shall be made. If the format clause and the non-format clause are inconsistent, the non-format clause shall be adopted.

Article 499 Where a person offering a reward declares in a public manner to pay remuneration to a person who has completed a specific act, the person who has completed the act may request the payment.

Article 500 A party shall be liable for compensation if, in the course of concluding a contract, any of the following circumstances occurs, thus causing loss to the other party:

(I) negotiate in bad faith under the guise of concluding a contract;

(II) intentionally conceals important facts relating to the conclusion of the contract or provides false information;

(III) other violations of the principle of good faith.

Article 51 Trade Secrets or other confidential information that the parties came to their knowledge in the course of concluding a contract shall not disclose or improperly use the trade secrets or other confidential information, regardless of whether the contract is established or not; if the trade secrets or information are disclosed or improperly used, thus causing losses to the other party, the parties shall be liable for compensation.

Chapter III Effectiveness of Contracts

Article 512 A lawfully formed contract shall take effect upon its formation, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, the contract should go through the approval and other procedures, in accordance with its provisions. If the failure to go through the formalities such as approval affects the entry into force of the contract, it shall not affect the validity of the provisions of the contract for the performance of obligations such as approval and the relevant provisions. If the party who should go through the formalities such as applying for approval fails to perform its obligations, the other party may request it to bear the responsibility for breach of the obligation.

In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply if the modification, transfer or termination of the contract shall be subject to approval and other formalities.

Article 703 If an unauthorized agent enters into a contract in the name of the principal, and the principal has begun to perform the contractual obligations or accepts the performance of the counterparty, it shall be deemed to be a ratification of the contract.

Article 54 A contract concluded by the legal representative of a legal person or the person in charge of an unincorporated organization in excess of his or her authority shall be valid unless the counterparty knows or should have known that he or she has exceeded his or her authority, and the contract concluded shall have effect on the legal person or unincorporated organization.

Article 506 The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with the relevant provisions of Part I, Chapter VI, Section III, and this Part of this Law, and the invalidity of the contract shall not be confirmed solely beyond the scope of business.

Article 506 The following exemption clauses in the contract are invalid:

(I) causing personal injury to the other party;

(II) cause damage to the other party's property due to intentional or gross negligence.

Article 507 If a contract is not effective, invalid, revoked or terminated, it shall not affect the validity of the provisions of the contract relating to the method of dispute resolution.

Article 108 Where 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 the 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 notice, assistance and confidentiality in accordance with the nature, purpose and trading habits of the contract.

In the course of performing the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.

Article 560 After the contract comes into effect, if the parties do not agree on the quality, price or remuneration, place of performance, etc., or if the agreement is not clear, they may agree to supplement it; if no supplementary agreement can be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.

Article 511 Where the content of the relevant contract is not clearly agreed upon by the parties and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:

If the (I) quality requirements are not clear, they shall be performed in accordance with mandatory national standards; if there is no mandatory national standard, they shall be performed in accordance with recommended national standards; if there is no recommended national standard, they shall be performed in accordance with industry standards; if there are no national standards or industry standards, they shall be performed in accordance with ordinary standards or specific standards in line with the purpose of the contract.

If the price or remuneration of the (II) is not clear, it shall be performed in accordance with the market price of the place of performance at the time of the conclusion of the contract; if the government-set price or government-guided price should be implemented in accordance with the law, it shall be performed in accordance with the provisions.

The place of performance of the (III) is unclear, and if the currency is paid, the performance shall be performed at the place of the party receiving the currency; if the immovable property is delivered, the performance shall be performed at the place of the immovable property; and the other subject matter shall be performed at the place of the party performing the obligation.

If the time limit for performance of the (IV) is not clear, the debtor may perform at any time and the creditor may request performance at any time, but the other party shall be given the necessary preparation time.

If the method of performance of the (V) is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

If the burden of the (VI)'s performance costs is unclear, it shall be borne by the party performing the obligation.

Article 512 Where the subject matter of an electronic contract concluded through an information network such as the Internet is the delivery of goods and is delivered by express logistics, the time of receipt of the consignee shall be the time of delivery. If the subject matter of an electronic contract is the provision of services, the time stated in the generated electronic certificate or physical certificate shall be the time of provision of services; if the aforementioned certificate does not state the time or the time stated is inconsistent with the actual time of provision of services, the time of actual provision of services shall prevail.

If the subject matter of an electronic contract is delivered by online transmission, the time at which the subject matter of the contract enters a specific system designated by the other party and can be retrieved and identified is the time of delivery.

If the parties to an electronic contract agree otherwise on the manner and time of delivery of goods or services, they shall comply with their agreement.

Article 513 Where government-set prices or government-guided prices are implemented, when the government price is adjusted within the delivery period agreed upon in the contract, the price shall be priced at the price at the time of delivery. If the subject matter is delivered late, in the event of a price increase, the original price shall be followed; in the event of a price decrease, the new price shall be followed. If the subject matter is withdrawn or paid late, the new price shall be applied when the price rises; if the price falls, the original price shall be applied.

Article 154 A creditor may request the debtor to perform a debt in the legal tender of the place of actual performance, unless otherwise provided by law or otherwise agreed by the parties.

Article 525 If there are multiple subjects and the debtor only needs to perform one of them, the debtor shall have the right to choose, unless otherwise provided by law, otherwise agreed by the parties or other trading habits.

If the party entitled to the right of option fails to make a choice within the agreed period or at the expiration of the performance period, and fails to make a choice within a reasonable period of time after being urged, the right of option shall be transferred to the other party.

Article 516 The parties exercising the right of option shall promptly notify the other party, and when the notice reaches the other party, the subject matter shall be determined. The subject matter shall not be changed after determination, except with the consent of the other party.

In the event of non-performance of an optional subject matter, the party entitled to the option may not choose the subject matter that cannot be performed, unless the non-performance is caused by the other party.

Article 517 If the creditor is two or more, the subject matter may be divided, and if the creditor is entitled to the claim according to the share, it shall be the claim according to the share; if the debtor is two or more, the subject matter may be divided, and if the debt is borne by each according to the share, it shall be the debt according to the share.

If it is difficult to determine the share of creditors or debtors, the shares shall be deemed to be the same.

Article 512 Where there are two or more creditors and some or all of the creditors may request the debtor to perform the debt, it shall be a joint and several claim; where there are two or more creditors and the creditors may request some or all of the debtor to perform all of the debt, it shall be a joint and several claim.

Joint claims or joint debts shall be prescribed by law or agreed upon by the parties.

Article 519 Where the share between the joint and several debtors is difficult to determine, the share shall be deemed to be the same.

A joint and several debtor who actually assumes more than his share of the debt shall have the right to recover the excess from other joint and several debtors within the scope of their unperformed shares, and shall enjoy the rights of creditors accordingly, but not to the detriment of the interests of creditors. The defenses of other joint and several debtors against creditors may be claimed against that debtor.

If the joint and several debtors being recovered are unable to perform their share of the share, the other joint and several debtors shall share the share in proportion to the corresponding extent.

Article 520 Where part of the joint and several debtor performs, sets off the debt or withdraws the subject matter, the debts of other debtors to the creditor shall be extinguished within the corresponding scope; the debtor may recover from other debtors in accordance with the provisions of the preceding article.

If the debts of some of the joint and several debtors are forgiven by creditors, the debts of other debtors to the creditors shall be extinguished to the extent of the share to be borne by the joint and several debtors.

If the debts of some of the joint and several debtors are attributed to the same person as the creditor's claims, the creditor's claims against other debtors continue to exist after deducting the debtor's share.

If the creditor's payment to some of the joint debtors is delayed, it shall have effect on the other joint debtors.

Article 521 Where the shares between the joint and several creditors are difficult to determine, the shares shall be deemed to be the same.

The joint and several creditors who actually receive the claim shall return it to the other joint and several creditors on a pro rata basis.

Joint and several claims shall apply by reference to the relevant provisions of this chapter on joint and several debts.

Article 522 If 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 of the debt is not in accordance with the agreement, it shall be liable to the creditor for default.

If the law stipulates or the parties agree that the third party may directly request the debtor to perform the debt to it, and the third party fails to explicitly refuse within a reasonable period of time, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, the third party may request the debtor to bear the liability for breach of contract; the debtor's defense against the creditor may claim to the third party.

Article 523 If the parties agree that a third party shall perform the debt to the creditor, and the third party fails to perform the debt or the performance of the debt is not in accordance with the agreement, the debtor shall be liable to the creditor for default.

Article 524 If the debtor fails to perform the debt and a third party has a legitimate interest in the performance of the debt, the third party shall have the right to perform the debt on behalf of the creditor, except that it can only be performed by the debtor according to the nature of the debt, in accordance with the agreement of the parties or in accordance with the provisions of law.

After the creditor accepts the performance of the third party, its claim to the debtor is transferred to the third party, unless the debtor and the third party agree otherwise.

Article 525 If the parties owe debts to each other and there is no order of performance, they shall perform at the same time. One party has the right to refuse its request for performance before the other party performs. A party has the right to reject its corresponding request for performance when the other party's performance of the debt is not in conformity with the contract.

Article 526 If the parties owe debts to each other and there is an order of performance, the party that should perform the debt first fails to perform, and the party that performs later has the right to refuse its request for performance. If the performance of the debt by the first performing party does not conform to the agreement, the second performing party has the right to reject its corresponding request for performance.

Article 527 If a party who should perform the debt first has definite evidence to prove that the other party has one of the following circumstances, the performance may be suspended:

(I) and business conditions have seriously deteriorated;

(II) transfer of property and withdrawal of funds to evade debts;

(III) loss of business reputation;

Other circumstances in which the (IV) loses or may lose the ability to perform its debts.

If a party suspends performance without definite evidence, it shall bear the liability for breach of contract.

Article 528 If a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. If the other party provides appropriate guarantees, performance shall be resumed. If, after the suspension of performance, the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate security, it shall be deemed to have shown by its own conduct that it has failed to perform its principal obligation, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.

Article 529 If a creditor fails to notify the debtor of the division, merger or change of domicile, which makes it difficult to perform the debt, the debtor may suspend the performance or deposit the subject matter.

Article 530 A creditor may refuse the debtor to perform the debt in advance, unless the early performance does not harm the interests of the creditor.

The additional costs incurred by the debtor's early performance of the debt to the creditor shall be borne by the debtor.

Article 531 A creditor may refuse the debtor's partial performance of an obligation, unless the partial performance is not detrimental to the interests of the creditor.

The additional costs incurred by the debtor's partial performance of the debt to the creditor shall be borne by the debtor.

Article 532 After the entry into force of a contract, the parties shall not fail to perform their contractual obligations because of the change of name or name or the change of the legal representative, person in charge or undertaker.

Article 533 After the establishment of the contract, the basic conditions of the contract have undergone major changes that the parties could not foresee at the time of the conclusion of the contract and are not commercial risks. If the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may 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 modify or terminate the contract.

The people's court or the arbitration institution shall, in light of the actual circumstances of the case, modify or rescind the contract in accordance with the principle of fairness.

Article 534 Where a party uses a contract to commit an act endangering the national interest or the public interest, the market supervision and management and other relevant administrative departments shall be responsible for supervision and handling in accordance with the provisions of laws and administrative regulations.

Chapter V Preservation of Contracts

Article 535 Where the realization of the creditor's due claim is affected by the debtor's delay in exercising its claim or the subordinate rights related to the claim, the creditor may request the people's court to exercise the debtor's rights against the counterparty in its own name, except where the rights belong exclusively to the debtor itself.

The scope of the exercise of the derogation right is limited to the creditor's due claim. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

The relative's defense against the debtor may be claimed against the creditor.

Article 536 Before the creditor's claim expires, the debtor's claim or the subordinate rights related to the claim are subject to circumstances such as the expiration of the limitation period of action or the failure to declare bankruptcy claims in time, which affects the realization of the creditor's claim, the creditor may subrogate to the debtor's counterpart to request it to perform to the debtor, declare to the bankruptcy administrator or do other necessary acts.

Article 537 If the people's court determines that the right of subrogation is established, the debtor's counterpart shall perform the obligation to the creditor, and after the creditor accepts the performance, the corresponding rights and obligations between the creditor and the debtor, the debtor and the counterpart shall terminate. If the debtor's claims against the counterparty or the subordinate rights related to the claims are subject to preservation or enforcement measures, or if the debtor becomes bankrupt, it shall be dealt with in accordance with the provisions of the relevant laws.

Article 538 Where a debtor disposes of property rights and interests without compensation by abandoning its claim, waiving the security of the claim, transferring property without compensation, or maliciously extending the period of performance of its due claim, which affects the realization of the creditor's claim, the creditor may request the people's court to revoke the debtor's act.

Article 539 If the debtor transfers property at an obviously unreasonable low price, assigns the property of another person at an obviously unreasonable high price, or provides security for the debts of another person, which affects the realization of the creditor's claim, the debtor's counterpart knows or should know the situation, the creditor may request the people's court to revoke the debtor's act.

Article 540 The scope of the exercise of the right of avoidance shall be limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 541 The right of avoidance shall be exercised within one year from the date on which the creditor knows or should have known the cause of avoidance. If the right of revocation is not exercised within five years from the date of the debtor's act, the right of revocation shall be extinguished.

Article 542 If the debtor's act affecting the realization of the creditor's claim is revoked, it shall not be legally binding from the beginning.

Chapter VI Alteration and Assignment of Contracts

Article 543 A contract may be modified by consensus of the parties.

Article 544 If the parties do not clearly agree on the content of the contract change, it is presumed that it has not been changed.

Article 545 A creditor may assign all or part of a claim to a third party, except in one of the following circumstances:

The (I) may not be transferred according to the nature of the creditor's rights;

The (II) shall not be transferred according to the agreement of the parties;

(III) may not be transferred in accordance with the provisions of the law.

If the parties agree that non-monetary claims shall not be transferred, they shall not be used against a bona fide third party. If the parties agree that the monetary claim shall not be transferred, it shall not be used against a third party.

Article 546 If a creditor assigns a claim without notifying the debtor, the assignment shall not be effective against the debtor.

Notice of the assignment of claims may not be revoked, except with the consent of the assignee.

Article 547 Where a creditor transfers a claim, the transferee acquires an subordinate right in relation to the claim, unless the subordinate right belongs exclusively to the creditor itself.

The assignee's acquisition of a subordinate right is not affected by the failure to register the transfer of the subordinate right or to transfer possession.

Article 548 After the debtor has received notice of the assignment of claims, the debtor's defense against the assignor may be claimed against the assignee.

Article 549 The debtor may claim set-off against the assignee under any of the following circumstances:

When the (I) debtor receives notice of the assignment of claims, the debtor has a claim against the assignor, and the debtor's claim is due before or at the same time as the assigned claim;

The claim of the (II) debtor and the claim of the assignment are based on the same contract.

Article 550 The cost of performance increased by the transfer of the claim shall be borne by the transferor.

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 agree within a reasonable period of time, and if the creditor fails to do so, it shall be deemed not to agree.

Article 552 If a third party agrees with the debtor to join the debt and notifies the creditor, or if the third party indicates to the creditor that it is willing to join the debt, and the creditor does not expressly refuse within a reasonable period of time, the creditor may request the third party to assume joint and several debts with the debtor within the scope of the debt it is willing to assume.

Article 553 Where the debtor transfers the debt, the new debtor may claim the original debtor's defense against the creditor; if the original debtor has a claim against the creditor, the new debtor may not claim set-off against the creditor.

Article 554 Where the debtor transfers the debt, the new debtor shall assume the subordinate debt relating to the principal debt, except where the subordinate debt belongs exclusively to the original debtor itself.

Article 555 A party may, with the consent of the other party, assign its rights and obligations under the contract to a third party.

Article 556 Where the rights and obligations of a contract are transferred together, the relevant provisions on the transfer of claims and the transfer of debts shall apply.

Chapter VII Termination of Rights and Obligations of Contracts

Article 557 Creditor's rights and debts shall be terminated under any of the following circumstances:

(I) debt has been fulfilled;

(II) debts are offset against each other;

(III) the debtor to deposit the subject matter in accordance with the law;

(IV) creditors to forgive debts;

(V) creditor's rights and debts belong to one person;

(VI) other circumstances stipulated by law or agreed upon by the parties.

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 the obligations of notice, assistance, confidentiality and recovery of old goods in accordance with the trading habits.

Article 559 When a claim or debt is terminated, the subordinate rights of the claim are extinguished at the same time, unless otherwise provided by law or otherwise agreed by the parties.

Article 560 Where the debtor bears several debts of the same type to the same creditor and the debtor's payment is not sufficient to pay off all the debts, the debtor shall, unless otherwise agreed by the parties, designate the debts to be performed by the debtor at the time of payment.

If the debtor has not designated, it shall give priority to the performance of the debts that have already matured; if several debts are due, priority shall be given to the debts that lack or have the least guarantee to the creditor; if there are no guarantees or the guarantees are equal, priority shall be given to the performance of the debts that are more burdened by the debtor; if the burdens are the same, they shall be performed in accordance with the order in which the debts are due.

Article 561 If the debtor shall pay interest and expenses related to the realization of the claim in addition to the performance of the main debt, and the payment is not sufficient to pay off all the debts, the debtor shall, unless otherwise agreed by the parties, perform in the following order:

Expenses related to (I) realization of creditor's rights;

(II) interest;

(III) principal debt.

Article 562 A contract may be terminated if the parties agree through consultation.

The parties may agree on the reasons for the termination of the contract by one party. When the cause of the termination of the contract occurs, the person with the right to terminate the contract may terminate the contract.

Article 563 The parties may rescind a contract under any of the following circumstances:

The (I) is unable to achieve the purpose of the contract due to force majeure;

(II), before the expiration of the performance period, one of the parties expressly expresses or indicates by its own conduct that it will not perform its main obligation;

(III) one of the parties delays in performance of the main obligation and fails to perform within a reasonable period of time after being urged to do so;

(IV) one of the parties delays the performance of its obligations or has other breach of contract, resulting in the failure to achieve the purpose of the contract;

(V) other circumstances prescribed by law.

The parties may terminate the contract at any time for an indefinite contract with the content of the debt for continuous performance, but shall notify the other party before a reasonable period of time.

Article 564 If the law stipulates or the parties agree on a time limit for the exercise of the right of resciliation, and the parties do not exercise the right at the expiration of the time limit, the right shall be extinguished.

If the law does not provide for or the parties have not agreed on a time limit for the exercise of the right of rescission, the right shall be extinguished if it is not exercised within one year from the date on which the person of the right of rescission knows or should have known the cause of rescission, or if it is not exercised within a reasonable period of time after being urged by the other party.

Article 565 If one of the parties claims to terminate the contract according to law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; if the notice states that the debtor fails to perform the debt within a certain period of time, the contract shall be automatically terminated; if the debtor fails to perform the debt within that period of time, the contract shall be terminated at the expiration of the period specified in the notice. If the other party disagrees with the termination of the contract, either party may request a people's court or an arbitration institution to confirm the validity of the act of termination.

If one of the parties, without notifying the other party, directly claims to terminate the contract in accordance with the law by filing a lawsuit or applying for arbitration, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.

Article 566 After the termination of the contract, if the performance has not been performed, the performance shall be terminated; if the performance has been performed, the parties may, in accordance with the performance and the nature of the contract, request restitution or other remedial measures, and shall have the right to claim compensation for the losses.

If the contract is terminated due to breach of contract, the person with the right of release may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.

After the termination of the main contract, the guarantor shall still be liable for the civil liability of the debtor, unless otherwise agreed in the guarantee contract.

Article 567 The termination of the rights and obligations of a contract shall not affect the validity of the settlement and liquidation clauses in the contract.

Article 568 Where the parties are mutually indebted to each other and the subject matter of the debt is of the same type and quality, either party may set off its own debt against the other party's due debt; however, unless the debt may not be set off according to the nature of the debt, in accordance with the agreement of the parties or in accordance with the provisions of law.

If the parties claim set-off, they shall notify the other party. The notification takes effect upon arrival at the other party. Set-off shall not be subject to conditions or time limits.

Article 569 If the parties owe each other debts, and the subject matter is not of the same type or quality, it may also be offset after consensus.

Article 570 Where it is difficult to perform a debt under any of the following circumstances, the debtor may deposit the subject matter:

The (I) creditor refuses to accept the claim without justifiable reasons;

The whereabouts of (II) creditors are unknown;

(III) the creditor's death has not determined the heir or administrator of the estate, or the loss of civil capacity has not determined the guardian;

(IV) other circumstances prescribed 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 and deposit the proceeds.

Article 571 Withdrawal is established when the debtor delivers the subject matter or the proceeds of the auction or sale of the subject matter in accordance with the law to the withdrawal and deposit department.

If the deposit is established, the debtor is deemed to have delivered the subject matter within the scope of its deposit.

Article 572 After the subject matter is deposited, the debtor shall promptly notify the creditor or the creditor's heirs, estate administrators, guardians, and property custodians.

Article 573 After the subject matter is deposited, the risk of damage or loss shall be borne by the creditor. During the period of deposit, the fruits of the subject matter shall belong to the creditor. The cost of deposit shall be borne by the creditor.

Article 574 A creditor may collect the deposit at any time. However, if the creditor has a debt due to the debtor, the depository department shall refuse to receive the deposit at the request of the debtor until the creditor has performed the debt or provided security.

The right of the creditor to receive the deposit shall be extinguished without exercise within five years from the date of deposit, and the deposit shall be owned by the State after deducting the cost of the deposit. However, if the creditor fails to perform the debt due to the debtor, or if the creditor waives the right to receive the deposit in writing to the deposit department, the debtor shall have the right to retrieve the deposit after bearing the cost of the deposit.

Article 575 Where a creditor rejects part or all of the debtor's debts, the creditor's rights and debts are partially or wholly terminated, unless the debtor refuses within a reasonable period of time.

Article 576 Where the creditor's rights and debts are attributed to one person, the creditor's rights and debts shall be terminated, except to the detriment of the interests of a third party.

Chapter VIII Liability for Breach of Contract

Article 577 If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations is not in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 If one of the parties expressly expresses or indicates by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the period of performance.

Article 579 If a party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request payment.

Article 580 If a party fails to perform a non-monetary debt or the performance of a non-monetary debt is not in accordance with the agreement, the other party may request performance, except in one of the following circumstances:

(I) it is legally or factually impossible to perform;

The subject matter of the (II) debt is not suitable for compulsory performance or the performance cost is too high;

The (III) creditor fails to request performance within a reasonable period of time.

If one of the exceptions provided for in the preceding paragraph makes it impossible to achieve the purpose of the contract, the people's court or the arbitration institution may terminate the relationship between the rights and obligations of the contract at the request of the parties, but it shall not affect the liability for breach of contract.

Article 581 If one of the parties fails to perform the debt or the performance of the debt is not in accordance with the agreement, and cannot be forced to perform according to the nature of the debt, the other party may request it to bear the costs of the performance by a third party.

Article 582 If the performance does not conform to the agreement, the parties shall bear the liability for breach of contract in accordance with the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear, and it cannot be determined according to the provisions of Article 51 of this Law, the injured party may reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration according to the nature of the subject matter and the size of the loss.

Article 583 If one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 584 If one of the parties fails to perform its contractual obligations or performs its contractual obligations not in accordance with the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; however, it shall not exceed the losses that the breaching party foresaw or should have foreseen at the time of the conclusion of the contract.

Article 585 The parties may agree that in the event of a breach of contract by one party, a certain amount of liquidated damages shall be paid to the other party in accordance with the circumstances of the breach, or they may agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are less than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delay in performance, the defaulting party shall also perform the debt after paying the liquidated damages.

Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the claim. 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 a 20% of the amount of the subject matter of the main contract, and the excess shall not produce the effect of the deposit. If the amount of the deposit actually delivered is more or less than the agreed amount, it shall be deemed to change the agreed amount of the deposit.

Article 587 Where the debtor performs the debt, the deposit shall be set off against the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be realized, it has no right to request the return of the deposit; if the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be realized, the deposit shall be returned twice.

Article 588 Where the parties agree on both the breach of contract and the deposit, if one party defaults, the other party may choose to apply the breach of contract or the deposit clause.

If the deposit is not sufficient to cover the loss caused by one party's breach of contract, the other party may request compensation for the loss in excess of the amount of the deposit.

Article 589 If the debtor performs the debt in accordance with the agreement and the creditor refuses to accept it without justifiable reasons, the debtor may request the creditor to compensate for the increased costs.

The debtor is not required to pay interest during the delay in the creditor's receipt.

Article 590 If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the effect of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in time to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time.

If force majeure occurs after the party's delay in performance, it shall not be exempted from its liability for breach of contract.

Article 591 After one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of the loss; if the loss is expanded due to the failure to take appropriate measures, it shall not claim compensation for the expanded loss.

The reasonable expenses incurred by the parties to prevent the expansion of the loss shall be borne by the breaching party.

Article 592 If both parties breach the contract, they shall each bear the corresponding responsibility.

If one party's breach of contract causes the other party's loss, and the other party is at fault for the loss, the corresponding amount of damages may be reduced.

Article 593 If a party 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. Disputes between one of the parties and a third party shall be settled in accordance with the law or in accordance with the agreement.

Article 594 The limitation period for bringing a lawsuit or applying for arbitration over a dispute arising from a contract for the international sale of goods or a contract for the import and export of technology shall be four years.

Sub-Part II Typical Contracts

Chapter IX Sales Contracts

Article 595 A contract of sale is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596 The contents of a contract of sale generally include the name, quantity, quality, price, time limit for performance, place and manner of performance, packaging, inspection standards and methods, settlement methods, the text used in the contract and its validity.

Article 597 If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws and administrative regulations prohibit or restrict the transfer of the subject matter, such provisions shall be followed.

Article 598 The seller shall perform its obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

Article 599 The seller shall deliver to the buyer relevant documents and information other than the documents for the extraction of the subject matter in accordance with the agreement or trading habits.

Article 600 Where a subject matter with intellectual property rights is sold, unless otherwise provided by law or otherwise agreed by the parties, the intellectual property rights in the subject matter do not belong to the buyer.

Article 501 The seller shall deliver the subject matter at the agreed time. If a delivery period is agreed upon, the seller may deliver at any time within the delivery period.

Article 620 If the parties fail to agree on the time limit for delivery of the subject matter or the agreement is unclear, the provisions of Article 510 and Paragraph 4 of Article 511 of this Law shall apply.

Article 630 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 unclear, and cannot be determined in accordance with the provisions of Article 510 of this Law, the following provisions shall apply:

If the subject matter of the (I) needs to be transported, the seller shall deliver the subject matter to the first carrier for delivery to the buyer;

(II) the subject matter does not require carriage, if the seller and the buyer knew at the time of the conclusion of the contract that the subject matter was at a certain place, the seller shall deliver the subject matter at that place; if they did not know that the subject matter was at a certain place, they shall deliver the subject matter at the seller's place of business at the time of the conclusion of the contract.

Article 64 The risk of damage to or loss of the subject matter shall be borne by the seller before delivery of the subject matter and by the buyer after delivery, unless otherwise provided by law or otherwise agreed by the parties.

Article 604 If the subject matter is not delivered within the agreed time limit due to the buyer's reasons, the buyer shall bear the risk of damage to or loss of the subject matter from the time of the breach of the agreement.

Article 106 If the seller sells the subject matter in transit to the carrier, the risk of damage or loss shall be borne by the buyer from the time the contract is established, unless otherwise agreed by the parties.

Article 607 After the seller has transported the subject matter to the place designated by the buyer and delivered it to the carrier in accordance with the agreement, the risk of damage or loss of the subject matter shall be borne by the buyer.

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 paragraph 2, paragraph 1, of Article 803 of this Law, after the seller delivers the subject matter to the first carrier, the risk of damage or loss of the subject matter shall be borne by the buyer.

Article 508 If the seller places the subject matter at the place of delivery in accordance with the agreement or in accordance with the provisions of paragraph 2, paragraph 2, of this Law, and the buyer violates the agreement and fails to collect it, the risk of damage or loss of the subject matter shall be borne by the buyer from the time of the breach of the agreement.

Article 609 If the seller fails to deliver the documents and information relating to the subject matter in accordance with the agreement, it shall not affect the transfer of the risk of damage or loss of the subject matter.

Article 620 If the purpose of the contract cannot be achieved because the subject matter does not meet the quality requirements, 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 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 shall not affect the right of the buyer to request it to bear the liability for breach of contract because the seller's performance of its obligations does not comply with the agreement.

Article 612 The seller shall, in respect of the subject matter delivered, be obliged to ensure that third parties have no rights in the subject matter, unless otherwise provided by law.

Article 613 If the buyer knew or should have known at the time of the conclusion of the contract that a third party has rights in the subject matter of the sale, the seller shall not assume the obligations provided for in the preceding article.

Article 614 If the buyer has conclusive evidence that a third party has rights in the subject matter, it may suspend the payment of the corresponding price, unless the seller provides appropriate security.

Article 215 The seller shall deliver the subject matter in accordance with the agreed quality requirements. Where the seller provides a description of the quality of the subject matter, the subject matter delivered shall meet the quality requirements of the description.

Article 116 If the parties have not agreed on the quality requirements of the subject matter or the agreement is not clear, and cannot be determined in accordance with the provisions of Article 510 of this Law, the provisions of Article 51, paragraph 1, of this Law shall apply.

Article 617 If the subject matter delivered by the seller does not meet the quality requirements, the buyer may request to bear the liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.

Article 168 The parties agree to reduce or exempt the seller from liability for defects in the subject matter, and if the seller intentionally or grossly negligently fails to inform the buyer of the defects in the subject matter, the seller has no right to claim reduction or exemption from liability.

Article 619 The seller shall deliver the subject matter in accordance with the agreed packaging method. If there is no agreement on the packaging method or the agreement is not clear, and it cannot be determined according to the provisions of Article 501 of this law, it shall be packaged in a common way; if there is no common way, it shall be sufficient to protect the subject matter and is conducive to saving resources., The packaging method to protect the ecological environment.

Article 620 Upon receipt of the subject matter, the buyer shall inspect it within the agreed inspection period. If there is no agreed time limit for inspection, it shall be inspected in a timely manner.

Article 621 Where the parties have agreed on an inspection period, the buyer shall notify the seller within the inspection period that the quantity or quality of the subject matter does not conform to the agreement. If the buyer fails to notify, the quantity or quality of the subject matter shall be deemed to be in conformity with the agreement.

If the parties have not agreed on an inspection period, the buyer shall notify the seller within a reasonable period of time after discovering or should have discovered that the quantity or quality of the subject matter does not conform to the agreement. If the buyer fails to notify the seller within a reasonable period of time or within two years from the date of receipt of the subject matter, the quantity or quality of the subject matter shall be deemed to be in accordance with the agreement; however, if there is a quality assurance period for the subject matter, the quality assurance period shall apply, and the two-year provisions shall not apply.

If the seller knows or should know that the subject matter provided does not conform to the agreement, the buyer is not subject to the notice time limit stipulated in the preceding two paragraphs.

Article 62 If the inspection period agreed upon by the parties is too short, and according to the nature of the subject matter and trading habits, it is difficult for the buyer to complete a full inspection within the inspection period, the period 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 time limit prescribed by laws and administrative regulations, the time limit prescribed by laws and administrative regulations shall prevail.

Article 623 If the parties have not agreed on the inspection period, and the delivery note, confirmation note, etc. signed by the buyer indicate the quantity, model and specification of the subject matter, it is presumed that the buyer has inspected the quantity and appearance defects, unless there is relevant evidence sufficient to overturn it.

Article 624 If the seller delivers the subject matter to a third party in accordance with the instructions of the buyer, and the inspection standards agreed upon by the seller and the buyer are inconsistent with the inspection standards agreed upon by the buyer and the third party, the inspection standards agreed upon by the seller and the buyer shall prevail.

Article 225 Where, in accordance with the provisions of laws and administrative regulations or in accordance with the agreement of the parties, the subject matter shall be recovered after the expiration of its effective useful life, the seller shall have the obligation to recover the subject matter on its own or to entrust a third party.

Article 626 The buyer shall pay the price in accordance with the agreed amount and payment method. If there is no agreement on the amount of the price and the method of payment or the agreement is not clear, the provisions of Article 501 and Article 511 of this Law shall apply.

Article 627 The buyer shall pay the price at the agreed place. If there is no agreement on the place of payment or the agreement is unclear, and it cannot be determined according to the provisions of Article 560 of this Law, the buyer shall pay at the seller's place of business; however, if it is agreed that the payment of the price is conditional on the delivery of the subject matter or the delivery of the document for the subject matter, the payment shall be made at the place where the subject matter is delivered or the document for the subject matter is delivered.

Article 628 The buyer shall pay the price in accordance with the agreed time. If there is no agreement on the time of payment or the agreement is unclear and cannot be determined in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the same time as it receives the subject matter or withdraws the subject matter documents.

Article 629 Where the seller overdelivers the subject matter, the buyer may accept or refuse to accept the overdelivered part. If the buyer accepts the overpayment, it shall pay the price according to the agreed price; if the buyer refuses to accept the overpayment, it shall notify the seller in time.

Article 630 The fruits generated by the subject matter before delivery shall belong to the seller; the fruits generated after delivery shall belong to the buyer. However, unless otherwise agreed by the parties.

Article 631 If the contract is terminated because the subject matter of the subject matter does not conform to the agreement, the effect of the termination of the contract shall extend to the subject matter. If the subject matter is discharged because the subject matter does not conform to the agreement, the effect of the discharge is less than that of the main object.

Article 632 If the subject matter is several things, one of which does not conform to the agreement, the buyer may discharge the thing. However, if the value of the subject matter is obviously damaged by the separation of the object from other objects, the buyer may terminate the contract with respect to the number of objects.

Article 633 Where the seller delivers the subject matter in batches, if the seller does not deliver one batch of the subject matter or the delivery is not in accordance with the agreement, so that the batch of the subject matter cannot achieve the purpose of the contract, the buyer may cancel the batch of the subject matter.

If the seller does not deliver one batch of the subject matter or the delivery is not in accordance with the agreement, so that the delivery of the other batches of the subject matter cannot achieve the purpose of the contract, the buyer may cancel the delivery of the subject matter of the batch and the other batches of the subject matter.

If the buyer releases one batch of the subject matter, if the subject matter of the batch is interdependent with the other batches of the subject matter, it may release the delivered and undelivered batches of the subject matter.

Article 634 If the amount of the buyer who has not paid the due price reaches the 1/5 of the full price, and has not paid the due price within a reasonable period of time after being urged, 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 of the subject matter.

Article 635 The parties to the sale of samples shall seal up the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be of the same quality as the samples and their descriptions.

Article 636 If the buyer who buys and sells by sample does not know that the sample has hidden defects, even if the subject matter delivered is the same as the sample, the quality of the subject matter delivered by the seller shall still meet the usual standards for the same.

Article 637 The parties to a trial sale may agree on the duration of the trial of the subject matter. If there is no agreement on the probation period or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 110 of this Law, the seller shall determine it.

Article 638 The buyer of a trial sale may purchase the subject matter during the trial period or may refuse to purchase it. At the expiration of the trial period, if the buyer fails to indicate whether to purchase the subject matter, it shall be deemed to be a purchase.

If the buyer of a trial sale has paid part of the price or sold, leased or established a security interest in the subject matter during the trial period, it shall be deemed to have agreed to the purchase.

Article 639 If the parties to the trial sale do not agree on the use fee 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 contract of sale that if the buyer fails to perform the payment of the price or other obligations, the ownership of the subject matter belongs to the seller.

The seller's retention of title to the subject matter shall not be opposed to a bona fide third party without registration.

Article 642 If the parties agree that the seller retains ownership of the subject matter of the contract, and before the transfer of ownership of the subject matter, the buyer has one of the following circumstances, causing damage to the seller, unless otherwise agreed by the parties, the seller shall have the right to retrieve the subject matter:

The (I) fails to pay the price as agreed, and still fails to pay within a reasonable period of time after being urged;

(II) certain conditions are not fulfilled as agreed;

(III) sell, quality or otherwise improperly dispose of the subject matter.

The seller may negotiate with the buyer to retrieve the subject matter.

Article 643 After the seller retrieves the subject matter in accordance with the provisions of the first paragraph of the preceding article, the buyer may request the redemption of the subject matter if the reason for the seller's retrieval of the subject matter is eliminated within the reasonable redemption period agreed upon by both parties or specified by the seller.

If the buyer does not redeem the subject matter within the redemption period, the seller may sell the subject matter to a third party at a reasonable price, and if there is still any surplus after deducting the price not paid by the buyer and the 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 to a sale by tender and tender, as well as the tender and tender procedures, shall be in accordance with the provisions of relevant laws and administrative regulations.

Article 645 The rights and obligations of the parties to an auction and the auction procedures shall be in accordance with the provisions of relevant laws and administrative regulations.

Article 646 Where the law has provisions on other paid contracts, such provisions shall be followed; where there are no provisions, the relevant provisions on sales contracts shall apply by reference.

Article 647 Where the parties agree on a barter transaction and transfer the ownership of the subject matter, reference shall be made to the relevant provisions of the contract of sale and purchase.

Chapter X Contracts for the Supply of Electricity, Water, Gas and Heat

Article 648 A contract for the supply of electricity is a contract in which a power supplier supplies electricity to a power user and the power user pays the electricity bill.

The power supplier who supplies electricity to the public shall not refuse the reasonable request of the power consumer to conclude a contract.

Article 649 The contents of a contract for the supply of electricity generally include provisions such as the manner, quality and time of power supply, the capacity, address and nature of electricity consumption, the method of measurement, the method of settlement of electricity prices and electricity charges, and the responsibility for the maintenance of electricity supply facilities.

Article 650 The place of performance of a power supply contract shall be in accordance with the agreement of the parties; if the parties have not agreed or the agreement is unclear, the place of performance of the property right of the power supply facility shall be the place of performance.

Article 651 The power supplier shall supply power safely in accordance with the power supply quality standards and agreements set by the State. If the power supplier fails to supply power safely in accordance with the power supply quality standards and agreements stipulated by the state, thus causing losses to the power user, he shall be liable for compensation.

Article 652 When the power supplier needs to interrupt the power supply due to the planned overhaul, temporary overhaul of the power supply facilities, power restriction according to law, or illegal use of electricity by the power user, he shall notify the power user in advance in accordance with the relevant provisions of the state; if the power supply is interrupted without prior notice, the power user shall be liable for compensation.

Article 653 If the power is cut off due to natural disasters and other reasons, the power supplier shall make timely repairs in accordance with the relevant provisions of the state; if the power supplier fails to make timely repairs and causes losses to the power user, he shall be liable for compensation.

Article 654 The electricity user shall pay the electricity fee in a timely manner in accordance with the relevant provisions of the State and the agreement of the parties. If the electricity user fails to pay the electricity charge within the time limit, he shall pay liquidated damages in accordance with the agreement. If the power user fails to pay the electricity charges and liquidated damages within a reasonable period of time after being urged, the power supplier may suspend the power supply in accordance with the procedures prescribed by the State.

If the power supplier suspends the power supply in accordance with the provisions of the preceding paragraph, he shall notify the power user in advance.

Article 655 A power user shall use electricity safely, economically and planned in accordance with the relevant provisions of the State and the agreement of the parties. If the power user fails to use electricity in accordance with the relevant provisions of the State and the agreement of the parties, thus causing losses to the power supplier, he shall be liable for compensation.

Article 656 Contracts for the supply of water, gas and heat shall refer to the relevant provisions applicable to the contract for the supply of electricity.

Chapter XI Gift Contract

Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses acceptance of the gift.

Article 658 The donor may revoke the gift before the right to the gift property is transferred.

The provisions of the preceding paragraph shall not apply to a notarized gift contract or a gift contract with the nature of public welfare and moral obligations such as disaster relief, poverty alleviation and assistance to the disabled that cannot be revoked according to law.

Article 659 Where the donated property needs to go through registration or other formalities in accordance with the law, the relevant formalities shall be completed.

Article 660 If the donor fails to deliver the donated property, the donee may request delivery of a notarized gift contract or a gift contract that cannot be revoked in accordance with the law and has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation and assistance to the disabled.

If the gift property that should be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to intentional or gross negligence of the donor, the donor shall be liable for compensation.

Article 661 A gift may be accompanied by an obligation.

If the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.

Article 662 If the donated property is defective, the donor shall not be liable. If the gift of an obligation is defective, the donor shall bear the same liability as the seller within the limits of the obligation.

If the donor intentionally fails to inform the donee of the defect or guarantees that there is no defect, thus causing losses to the donee, he shall be liable for compensation.

Article 663 If the donee has one of the following circumstances, the donor may revoke the gift:

(I) seriously infringe upon the legitimate rights and interests of the donor or close relatives of the donor;

The (II) does not perform the obligation to support the donor;

The (III) fails to perform its obligations under the gift contract.

The donor's right of revocation shall be exercised within one year from the date on which he knows or should have known the cause of revocation.

Article 664 If the donor dies or loses his capacity for civil conduct due to the illegal act of the donee, the heir or legal representative of the donor may revoke the gift.

The right of revocation of the heir or legal representative of the donor shall be exercised within six months from the date on which he knows or should have known the cause of revocation.

Article 665 If the revocation right holder revokes the gift, he may request the donee to return the property of the gift.

Article 666 If the economic situation of the donor deteriorates significantly, which seriously affects his production and business operations or family life, he may no longer perform the obligation of donation.

Chapter XII Loan Contracts

Article 667 A loan contract is a contract in which a borrower borrows money from a lender, returns the loan at maturity and pays interest.

Article 668 A loan contract shall be in written form, unless otherwise agreed upon for loans between natural persons.

The contents of the loan contract generally include the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall provide the true information of the business activities and financial situation related to the loan as required by the lender.

Article 670 Interest on a 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 and the interest shall be calculated according to the actual amount of the loan.

Article 671 If the lender fails to provide the loan in accordance with the agreed date and amount, causing the borrower's loss, it shall compensate for the loss.

If the borrower fails to collect the loan in accordance with the agreed date and amount, it shall pay interest in accordance with 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 the lender with relevant financial and accounting statements or other information on a regular basis in accordance with the agreement.

Article 673 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.

Article 674 The borrower shall pay interest in accordance with the agreed period. If there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it cannot be determined according to the provisions of Article 110 of this Law, if the loan period is less than one year, it shall be paid together when the loan is returned; if the loan period is more than one year, it shall be paid at the expiration of each year, and if the remaining period is less than one year, it shall be paid together when the loan is returned.

Article 675 The borrower shall return the loan in accordance with the agreed time limit. If there is no agreement on the term of the loan or the agreement is unclear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; the lender may urge the borrower to return it within a reasonable period of time.

Article 676 If the borrower fails to return the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the State.

Article 677 If the borrower returns the loan in advance, interest shall be calculated according to the period of the actual loan, unless otherwise agreed by the parties.

Article 678 The borrower may apply to the lender for an extension before the expiration of the repayment period.

Article 679 A loan contract between natural persons shall be established when the lender provides the loan.

Article 680 Usury lending is prohibited, and the interest rate of borrowing shall not violate the relevant provisions of the State.

If the loan contract does not provide for the payment of interest, it is deemed to be free of interest.

If the agreement on the payment of interest in the loan contract is not clear and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with the local or parties' trading methods, trading habits, market interest rates and other factors.

Chapter XIII Guarantee Contract

Section 1 General Provisions

Article 681 A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the debt due or the circumstances agreed upon by the parties occur.

Article 682 A contract of guarantee is a subordinate contract to a contract of principal creditor's rights and debts. If the main creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall bear the corresponding civil liability according to their fault.

Article 683 No organ legal person may be a guarantor, except for the use of loans from foreign governments or international economic organizations for on-lending with the approval of the State Council.

A non-profit legal person or unincorporated organization for the purpose of public welfare shall not be a guarantor.

Article 684 The contents of a guarantee contract generally include the type and amount of the principal claim to be guaranteed, the period of time for the debtor to perform the obligation, the manner, scope and period of the guarantee.

Article 685 A contract of guarantee may be a separately concluded written contract or a guarantee clause in a contract of principal debt.

If a third party unilaterally gives a guarantee to the creditor in writing, and the creditor accepts it and does not object, the contract is guaranteed to be established.

Article 686 The forms of guarantee include general guarantee and joint and several liability guarantee.

If the parties do not agree on the manner of guarantee in the guarantee contract or the agreement is not clear, they shall bear the responsibility for the guarantee in accordance with the general guarantee.

Article 687 If the parties agree in the guarantee contract that if the debtor is unable to perform the debt, the guarantor shall bear the responsibility for the guarantee, it shall be a general guarantee.

The guarantor of a general guarantee shall have the right to refuse to assume the liability of guarantee to the creditor until the main contract dispute is not tried or arbitrated and the debtor's property is legally enforced, except in one of the following circumstances:

(I) the debtor's whereabouts are unknown and no property is available for execution;

(II) people's court has accepted the debtor's bankruptcy case;

(III) the creditor has evidence to prove that the debtor's property is insufficient to fulfill all the obligations or has lost the ability to fulfill the obligations;

(IV) the Guarantor waives in writing its rights under this paragraph.

Article 688 Joint Liability Guarantee Where the parties agree in the guarantee contract that the guarantor and the debtor are jointly and severally liable for the debt, it shall be a joint and several liability guarantee.

When the debtor of the joint and several 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 may request the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 689 A guarantor may require the debtor to provide a counter-guarantee.

Article 690 The guarantor and the creditor may negotiate a contract for the maximum amount of guarantee, agreeing to provide guarantee for claims that occur continuously for a certain period of time within the limit of the maximum amount of the claim.

In addition to the provisions of this chapter, the maximum guarantee shall apply by reference to the relevant provisions of the maximum mortgage in Part II of this Law.

SECTION 2 GUARANTEE LIABILITY

Article 691 The scope of the guarantee includes the main claim and its interest, liquidated damages, damages and costs of realizing the claim. If the parties agree otherwise, they shall follow their agreement.

Article 692 The period of guarantee is the period during which the guarantor is determined to assume the responsibility for the guarantee, without suspension, interruption or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than the time limit for the performance of the principal debt or expires at the same time as the time limit for the performance of the principal debt, it shall be deemed that there is no agreement; if there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the time limit for the performance of the principal debt.

If the creditor and the debtor have not agreed on the period of performance of the main debt or the agreement is unclear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt.

Article 693 If the creditor of a general guarantee fails to bring an action or apply for arbitration against the debtor during the period of the guarantee, the guarantor shall no longer be liable for the guarantee.

If the creditor of the joint and several liability guarantee fails to request the guarantor to assume the guarantee liability during the guarantee period, the guarantor shall no longer bear the guarantee liability.

Article 694 Where a creditor of a general guarantee files a lawsuit or applies for arbitration against the debtor before the expiration of the guarantee period, the statute of limitations for the guarantee obligation shall begin to be calculated from the date on which the guarantor's right to refuse to assume the guarantee liability is extinguished.

If the creditor of a joint and several liability guarantee requests the guarantor to assume the guarantee liability before the expiration of the guarantee period, the statute of limitations for the guaranteed debt shall begin to be calculated from the date on which the creditor requests the guarantor to assume the guarantee liability.

Article 695 If the creditor and the debtor negotiate to change the contents of the main creditor's debt contract and reduce the debt without the written consent of the guarantor, the guarantor shall still bear the guarantee liability for the changed debt; if the debt is aggravated, the guarantor shall not bear the guarantee liability for the aggravated part.

If the creditor and the debtor change the performance period of the main creditor's debt contract, the guarantee period shall not be affected without the written consent of the guarantor.

Article 696 If the creditor transfers all or part of the claim without notifying the guarantor, the transfer shall not be effective against the guarantor.

If the guarantor and the creditor agree to prohibit the transfer of the claim, and the creditor transfers the claim without the written consent of the guarantor, the guarantor shall no longer bear the guarantee liability to the transferee.

Article 697 If a creditor permits a debtor to transfer all or part of a debt without the written consent of the guarantor, the guarantor shall no longer be liable for the debt transferred without its consent, unless otherwise agreed by the creditor and the guarantor.

If a third party joins the debt, the guarantor's liability for the guarantee shall not be affected.

Article 698 If the guarantor of a general guarantee provides the creditor with the true situation of the debtor's enforceable property after the expiration of the time limit for the performance of the main debt, and the creditor waives or neglects to exercise the right so that the property cannot be enforced, the guarantor shall no longer bear the guarantee liability within the value of the enforceable property provided by it.

Article 699 Where there are two or more guarantors for the same debt, the guarantor shall bear the guarantee liability in accordance with the guarantee share agreed upon in the guarantee contract; if there is no agreement on the guarantee share, the creditor may request any one of the guarantors to bear the guarantee liability within the scope of its guarantee.

Article 700 After the guarantor has assumed the responsibility for the guarantee, it shall, unless otherwise agreed by the parties, have the right to recover from the debtor within the scope of its responsibility for the guarantee and enjoy the rights of the creditor against the debtor, but not to the detriment of the interests of the creditor.

Article 703 A guarantor may assert the debtor's defense against the creditor. If the debtor waives his defense, the guarantor shall still have the right to assert his defense against the creditor.

Article 72 Where the debtor has the right of set-off or avoidance against the creditor, the guarantor may refuse to bear the liability for the guarantee to the corresponding extent.

Chapter XIV Lease Contracts

Article 703 A lease contract is a contract in which the lessor delivers the lease to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include the name, quantity, purpose, term of lease, rent and the term and manner of payment of the leased property, and maintenance of the leased property.

Article 305 The term of a lease shall not exceed twenty years. More than 20 years, more than part of the invalid.

When the lease term expires, the parties may renew the lease contract; however, the agreed lease term shall not exceed 20 years from the date of renewal.

Article 106 Failure of the parties to complete the registration and filing procedures for the lease contract in accordance with the provisions of laws and administrative regulations shall not affect the validity of the contract.

Article 707 Where the term of the lease is more than six months, it shall be in writing. If the parties fail to adopt a written form and cannot determine the term of the lease, it shall be regarded as an indefinite lease.

Article 708 The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in conformity with the agreed purpose during the term of the lease.

Article 709 The lessee shall use the leased property in accordance with the agreed method. If there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 51 of this Law, it shall be used in accordance with the nature of the leased property.

Article 810 If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property, it shall not be liable for compensation.

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or in accordance with the nature of the leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the losses.

Article 172 The lessor shall perform the obligation to repair the leased property, unless otherwise agreed by the parties.

Article 713 The lessee may request the lessor to repair the leased property within a reasonable period of time when it needs to be repaired. If the lessor fails to perform its maintenance obligations, the lessee may repair it on its own, and the maintenance costs shall be borne by the lessor. If the lessee's use is affected by the maintenance of the leased property, the rent shall be reduced or the lease term 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 keep the leased property properly and shall be liable for compensation if the leased property is damaged or lost due to improper custody.

Article 715 The lessee may, with the consent of the lessor, make improvements or additions to the leased property.

If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the leased property to its original condition or compensate for the loss.

Article 716 The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; if a third party causes losses to the leased property, the lessee shall compensate for the losses.

If the lessee subleases the lease without the consent of the lessor, the lessor may terminate the contract.

Article 717 Where the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease period exceeds the remaining lease period of the lessee, the agreement on the excess shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

Article 708 If the lessor knows or should know that the lessee sublets, but does not raise any objection within six months, the lessor shall be deemed to have agreed to the sublease.

Article 719 If the lessee defaults on rent, the sub-lessee may pay the rent and breach of contract on behalf of the lessee, unless the sublease contract is not legally binding on the lessor.

The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee may be used to offset the rent payable by the sub-lessee to the lessee.

Article 720 The proceeds from the possession and use of the leased property during the term of the lease shall belong to the lessee, unless otherwise agreed by the parties.

Article 721 The lessee shall pay the rent in accordance with the agreed period. The term for the payment of rent is not agreed upon or clearly agreed upon, and cannot be determined in accordance with the provisions of Article 550 of this Law. If the lease term is less than one year, it shall be paid at the expiration of the lease term; if the lease term is more than one year, it shall be paid at the expiration of each year; if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may request the lessee to pay the rent within a reasonable period of time; if the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 723 If the lessee is unable to use or benefit from the leased property because a third party claims rights, the lessee may request a reduction in rent or non-payment of rent.

Where a third party claims rights, the lessee shall promptly notify the lessor.

Article 724 The lessee may terminate the contract if the leased property cannot be used for reasons other than those of the lessee under any of the following circumstances:

(I) the leased property is sealed up or seized by judicial or administrative organs according to law;

(II) lease ownership is disputed;

(III) the leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.

Article 725 A change in ownership of the leased property during the term of the lessee's possession in accordance with the lease contract shall not affect the validity of the lease contract.

Article 726 Where a lessor sells a leased house, he shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right to purchase on the same terms and conditions.

If the lessee fails to expressly state the purchase within fifteen days after the lessor has fulfilled its obligation of notification, the lessee shall be deemed to have 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 fails to participate in the auction, it shall be deemed to have waived 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 be liable for compensation. However, the validity of the contract for the sale of the house concluded between the lessor and the third party is not affected.

Article 729 If the leased property is damaged or lost in part or in whole due to reasons not attributable to the lessee, the lessee may request a reduction of rent or non-payment of rent; if the leased property is damaged or lost in part or in whole, so that the purpose of the contract cannot be achieved, the lessee may terminate the contract.

Article 730 If the parties do not agree on the term of the lease or the agreement is unclear, and cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be deemed to be an indefinite lease; the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Article 731 Where the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time even if the lessee knows at the time of conclusion of the contract that the leased property is of substandard quality.

Article 732 If the lessee dies during the term of the lease of the house, the person or joint operator who lived together with him may lease the house in accordance with the original lease contract.

Article 733 When the term of the lease expires, the lessee shall return the leased property. The returned leased property shall conform to the state in which it was used in accordance with the agreement or in accordance with the nature of the leased property.

Article 734 If the lessee continues to use the leased property at the expiration of the lease term and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.

At the end of the lease term, the lessee of the house shall have the right to give priority to the lease on the same terms.

Chapter XV Financial Lease Contracts

Article 735 A financial lease contract is a contract in which the lessor purchases the leased property from the seller according to the lessee's choice of the seller and the leased property, provides it to the lessee for use, and the lessee pays the rent.

Article 736 The contents of a financial lease contract generally include the name, quantity, specifications, technical performance, inspection method of the leased property, the term of the lease, the composition of the rent and the term and manner of payment, currency, and the attribution of the leased property at the end of the lease term.

A financial lease contract shall be in writing.

Article 737 A financial lease contract concluded by the parties in the form of a fictitious lease is invalid.

Article 738 Where, in accordance with the provisions of laws and administrative regulations, an administrative license shall be obtained for the operation and use of the leased property, the lessor's failure to obtain the administrative license shall not affect the validity of the financial lease contract.

Article 739 Where the lessor enters into a contract of sale and purchase on the basis of the lessee's choice of the seller or the leased property, the seller shall deliver the subject matter to the lessee in accordance with the agreement, and the lessee shall have the rights of the buyer in relation to the subject matter received.

Article 740 If the seller violates its obligation to deliver the subject matter to the lessee, the lessee may refuse to receive the subject matter delivered to it by the seller under any of the following circumstances:

The subject matter of the (I) is seriously inconsistent with the agreement;

If the (II) fails to deliver the subject matter as agreed upon, it fails to deliver it within a reasonable period of time 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 contract of sale and purchase, the lessee shall exercise the right to claim compensation. Where the lessee exercises the right to claim compensation, the lessor shall assist.

Article 742 The exercise of the lessee's right to claim compensation against the seller shall not affect its obligation to pay rent. However, if the lessee relies on the lessor's skills to determine the lease or the lessor intervenes in the selection of the lease, the lessee may request a reduction in the corresponding rent.

Article 743 If the lessor fails to exercise the right of claim against the seller under any of the following circumstances, the lessee shall have the right to request the lessor to bear the corresponding liability:

The (I) knowingly fails to inform the lessee of the quality defects of the leased property;

(II) Lessee fails to provide necessary assistance in a timely manner when exercising its right to claim compensation.

If the lessor neglects to exercise the right of claim that it can only exercise against the seller, resulting in the loss of the lessee, the lessee shall have the right to request the lessor to bear the liability for compensation.

Article 744 The lessor shall not change the contents of the contract relating to the lessee without the consent of the lessee.

Article 745 The lessor's ownership of the leased property shall not be opposed to a bona fide third party without registration.

Article 746 The rent of a financial lease contract shall be determined on the basis of most or all of the cost of purchasing the leased property and the reasonable profit of the lessor, unless otherwise agreed by the parties.

Article 747 If the leased property does not conform to the agreement or does not conform to the purpose of use, the lessor shall not be liable. However, the lessee relies on the lessor's skills to determine the lease or the lessor intervenes in the selection of the lease.

Article 748 The lessor shall ensure the lessee's possession and use of the leased property.

If the lessor is under any of the following circumstances, the lessee has the right to claim compensation for the loss:

The (I) takes back the leased property without proper reason;

(II) obstruct or interfere with the lessee's possession and use of the leased property without justifiable reasons;

(III) the lessor causes the third party to claim the right to the leased property;

Other circumstances in which the (IV) improperly affects 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 damage or property loss to a third person, the lessor shall not be liable.

Article 750 The lessee shall keep and use the leased property properly.

The lessee shall perform the maintenance obligation during the period of possession of the leased property.

Article 751 If the leased property is damaged or lost during the period when the lessee is in possession of the leased property, the lessor shall have the right to request the lessee to continue to pay the rent, unless otherwise provided by law or otherwise agreed by the parties.

Article 752 The lessee shall pay the rent as agreed. If the lessee fails to pay the rent within a reasonable period of time after being urged to do so, the lessor may request payment of the full rent; or it may terminate the contract and recover the leased property.

Article 753 Where the lessee transfers, mortgages, pledges, invests in shares or otherwise disposes of the leased property without the consent of the lessor, the lessor may terminate the financial lease contract.

Article 754 The lessor or lessee may terminate the financial lease contract under any of the following circumstances:

(I) the contract of sale concluded between the lessor and the seller is rescinded, invalidated or revoked, and the contract of sale cannot be re-concluded;

(II) the leased property is damaged or lost for reasons not attributable to the parties, and cannot be repaired or a substitute can be determined;

(III) the purpose of the financial lease contract cannot be achieved due to the seller's reasons.

Article 755 If a financial lease contract is terminated due to the termination, confirmation of invalidity or revocation of the sales contract, and the seller and the leased property are selected by the lessee, the lessor shall have the right to request the lessee to compensate for the corresponding losses; however, the sale contract is terminated, confirmed invalid or revoked due to the lessor.

If the lessor's loss has been compensated when the contract of sale is terminated, confirmed to be invalid or revoked, the lessee shall no longer bear the corresponding liability.

Article 756 If a financial lease contract is terminated due to accidental damage or loss of the leased property after delivery to the lessee for reasons not attributable to the parties, the lessor may request the lessee to compensate the lessee in accordance with the depreciation of the leased property.

Article 757 The lessor and the lessee may agree on the ownership of the leased property at the end of the lease term; if there is no agreement on the ownership of the leased property or the agreement is unclear and cannot be determined in accordance with the provisions of Article 510 of this Law, the ownership of the leased property shall belong to the lessor.

Article 758 If the parties agree that the lease item shall belong to the lessee at the end of the lease term, and the lessee has paid most of the rent, but is unable to pay the remaining rent, the lessor terminates the contract to recover the lease item, and the value of the recovered lease item exceeds the rent owed by the lessee and other expenses, the lessee may request the corresponding return.

If the parties agree that the lease property shall be owned by the lessor at the end of the lease term, and if the lessee cannot return the lease property due to damage, loss or attachment or mixing with other property, the lessor shall have the right to request the lessee to give reasonable compensation.

Article 759 If the parties agree that the lease term expires and the lessee is only required to pay a nominal price to the lessor, the ownership of the leased property shall be deemed to belong to the lessee after the performance of the agreed rental obligation.

Article 760 If a financial lease contract is invalid, and the parties have agreed on the ownership of the leased property under such circumstances, they shall follow their agreement; if there is no agreement or the agreement is unclear, the leased property shall 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 utility of the lease, the ownership of the lease belongs to the lessee, and the lessee shall give the lessor reasonable compensation.

Chapter XVI Factoring Contracts

Article 761 A factoring contract is a contract in which an accounts receivable creditor transfers existing or existing accounts receivable to a factoring person, and the factoring person provides services such as financial communication, accounts receivable management or collection, and payment guarantees for accounts receivable debtors.

Article 762 The contents of a factoring contract generally include terms such as the type of business, the scope of services, the term of service, the status of the underlying transaction contract, information on accounts receivable, factoring financing or remuneration for services and the method of payment thereof.

Factoring contracts shall be in writing.

Article 763 Where the creditor of accounts receivable and the debtor make up the accounts receivable as the subject of the transfer and enter into a factoring contract with the factor, the debtor of the accounts receivable shall not oppose the factor on the ground that the accounts receivable does not exist, unless the factor knows the fiction.

Article 764 Where a factor gives notice of the assignment of accounts receivable to a debtor of accounts receivable, it shall identify the factor and attach the necessary documents.

Article 765 If, after the debtor of accounts receivable has received notice of the assignment of accounts receivable, the creditor of accounts receivable and the debtor negotiate without justifiable reasons to change or terminate the underlying transaction contract, which adversely affects the factor, it shall not have effect on the factor.

Article 766 Where the parties agree to have recourse factoring, the factoring person may claim the return of the principal and interest of the factoring financing or the repurchase of the accounts receivable claim from the accounts receivable creditor, or claim the accounts receivable claim from the accounts receivable debtor. If the factor claims the accounts receivable from the accounts receivable debtor, and after deducting the principal and interest of the factoring financing and related expenses, the remaining portion shall be returned to the accounts receivable creditor.

Article 767 Where the parties agree to factoring without recourse, the factoring person shall claim the accounts receivable claim against the accounts receivable debtor, and the factoring person shall not be required to return to the accounts receivable creditor the portion of the excess of the principal and interest of the factoring financing and related expenses obtained by the factoring person.

Article 768 Where an accounts receivable creditor enters into multiple factoring contracts for the same accounts receivable, resulting in multiple factoring claims rights, the registered accounts receivable shall be obtained before the unregistered ones; If all have been registered, the accounts receivable shall be obtained in the order of registration time. If none of them are registered, the factoring person specified in the notice of assignment that first arrived at the accounts receivable debtor shall obtain the accounts receivable. Neither registered nor notified, receivables are acquired in proportion to factoring financing or remuneration for services.

Article 769 Where there is no provision in this Chapter, the relevant provisions of Chapter VI of this Part on the transfer of claims shall apply.

Chapter XVII Contracts for Contracting

Article 770 A contract of employment is a contract in which the hiree completes work at the request of the hirer, delivers the product of the work, and the hirer pays remuneration.

The contract includes processing, ordering, repairing, copying, testing, inspection and other work.

Article 771 The contents of a contract of employment generally include the subject matter, quantity, quality, remuneration, manner of employment, provision of materials, period of performance, acceptance criteria and methods of employment.

Article 772 The hiree 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 to a third person for completion, it shall be responsible to the hirer for the results of the work completed by the third person; without the consent of the hirer, the hirer may also terminate the contract.

Article 773 The contractor may entrust the auxiliary work to be completed by a third person. If the contractor hands over the auxiliary work to a third person for completion, it shall be responsible to the ordering party for the results of the work completed by the third person.

Article 774 Where the hiree provides materials, it shall select the materials in accordance with the agreement and accept the inspection by the hirer.

Article 775 Where the ordering party provides the materials, it shall provide the materials in accordance with the agreement. The hiree shall promptly examine the materials provided by the hirer, and when it is found to be inconsistent with the contract, it shall promptly notify the hirer to replace, make up 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 and components that do not need to be repaired.

Article 776 If the hiree finds that the drawings or technical requirements provided by the hirer are unreasonable, it shall promptly notify the hirer. If the contractor suffers losses due to reasons such as the hirer's delay in replying, it shall compensate for the losses.

Article 777 If the hirer changes the requirements of the contracted work in the middle of the process, causing losses to the contractor, it shall compensate for the losses.

Article 778 Where the assistance of the ordering party is required for the contracted work, the ordering party shall have the obligation to assist. If the contractor fails to perform its obligation of assistance and the work cannot be completed, the contractor may urge the contractor to perform its obligations within a reasonable period of time, and may extend the period of performance; if the contractor fails to perform within the time limit, the contractor may terminate the contract.

Article 779 The hiree shall be subject to the necessary supervision and inspection by the hirer during the period of work. The hirer shall not obstruct the normal work of the contractor due to supervision and inspection.

Article 780 Where the contractor has completed the work, it shall deliver the work results to the ordering party and submit the necessary technical data and relevant quality certificates. The ordering party shall accept the results of the work.

Article 781 If the work results delivered by the hiree do not meet the quality requirements, the hirer may reasonably choose to request the hiree to bear the liability for breach of contract such as repair, rework, reduction of remuneration, compensation for losses, etc.

Article 782 Remuneration shall be paid by the hirer in accordance with the agreed period. If there is no agreement on the time limit for the payment of remuneration or the agreement is unclear, and cannot be determined in accordance with the provisions of Article 510 of this Law, the hirer shall pay when the contractor delivers the work results; if the work results are partially delivered, the hirer shall pay accordingly.

Article 783 If the hirer fails to pay the remuneration or the cost of materials to the hiree, the hiree shall have a lien on the work results completed or shall have the right to refuse delivery, unless otherwise agreed by the parties.

Article 784 The hiree shall properly keep the materials provided by the hanger and the results of the work completed, and shall be liable for compensation if the damage or loss is caused by improper storage.

Article 785 The hiree shall keep the secret as required by the hirer and shall not retain copies or technical data without the permission of the hirer.

Article 786 Joint hires shall be jointly and severally liable to the hirer, unless otherwise agreed by the parties.

Article 787 The hirer may terminate the contract at any time before the hiree completes the work, and if the hirer causes loss to the hiree, it shall compensate for the loss.

Chapter XVIII Construction Contract

Article 788 A construction contract is a contract in which the contractor carries out the construction of the project and the contractor pays the price.

Construction contracts include engineering survey, design and construction contracts.

Article 789 Construction contracts shall be in writing.

Article 790 Tendering and bidding activities for construction projects shall be conducted openly, fairly and impartially in accordance with the provisions of relevant laws.

Article 791 The contractor may enter into a contract for construction projects with the general contractor, or enter into a contract for survey, design and construction with the surveyor, designer and builder respectively. The contractor shall not subcontract to several contractors a construction project that should be completed by one contractor into several parts.

The general contractor or the survey, design and construction contractor may, with the consent of the contractor, hand over part of the work contracted by himself to a third party for completion. The third party shall bear joint and several liability with the general contractor or the survey, design and construction contractor to the contractor for the results of the work completed. The contractor may not subcontract all the construction projects it has contracted to a third party or subcontract all the construction projects it has contracted to a third party in the name of subcontracting.

The contractor is prohibited from subcontracting the project to units that do not have the corresponding qualifications. Subcontracting units are prohibited from subcontracting the works contracted by them. The construction of the main structure of the construction project must be completed by the contractor himself.

Article 792 Contracts for major national construction projects shall be concluded in accordance with the procedures prescribed by the State and the investment plan, feasibility study report and other documents approved by the State.

Article 793 If the construction contract for a construction project is invalid, but if the construction project has passed the acceptance test, the contractor may be compensated at a discount by reference to the contract on the price of the project.

If the construction contract for a construction project is invalid and the construction project fails to pass the acceptance check, it shall be dealt with in accordance with the following circumstances:

If the construction project after (I) repair is accepted, the contractor may request the contractor to bear the cost of repair;

If the construction project after (II) repair fails to pass the acceptance, the contractor shall not have the right to request compensation at a discount with reference to the contract on the price of the project.

If the contractor is at fault for the loss caused by the substandard construction project, it shall bear the corresponding responsibility.

Article 794 The contents of a survey and design contract generally include terms such as the time limit for the submission of documents such as relevant basic information and budget estimates, quality requirements, costs and other conditions for cooperation.

Article 795 The contents of a construction contract generally include the scope of the project, the construction period, the commencement and completion time of the intermediate completion project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the completion acceptance, the scope of the quality warranty and the quality guarantee period, and mutual cooperation.

Article 796 Where a construction project is supervised, the contractor shall conclude a contract for entrusting supervision in writing with the supervisor. The rights, obligations and legal liabilities of the contractor and the supervisor shall be in accordance with the provisions of this entrustment contract and other relevant laws and administrative regulations.

Article 797 The contractor may inspect the progress and quality of the work at any time without prejudice to the normal operation of the contractor.

Article 798 Before a concealed work is concealed, the contractor shall notify the contractor for inspection. If the contractor fails to check in time, the contractor may postpone the date of the project and has the right to claim compensation for the loss of work stoppage and slowdown.

Article 799 After the completion of the construction project, the contractor shall conduct timely acceptance in accordance with the construction drawings and instructions, the construction acceptance specifications and quality inspection standards issued by the state. If the acceptance is qualified, the contractor shall pay the price in accordance with the agreement and receive the construction project.

The construction project may be delivered for use only after it has passed the acceptance check, and may not be delivered for use without acceptance or if it fails to pass the acceptance check.

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, causing losses to the contractor, the surveyor or designer shall continue to improve the survey and design, reduce or waive the survey and design fees and compensate for the losses.

Article 801 If the quality of the construction project does not conform to the agreement due to the reasons of the construction person, the contractor shall have the right to request the construction person to repair or rework or rebuild it free of charge within a reasonable period of time. After repair or rework or reconstruction, resulting in overdue delivery, the construction person shall bear the liability for breach of contract.

Article 802 If the construction project causes personal injury and property loss within the reasonable use period due to the contractor's reasons, the contractor shall be liable for compensation.

Article 803 If the contractor fails to provide raw materials, equipment, site, funds and technical information in accordance with the agreed time and requirements, the contractor may extend the date of the project and shall have the right to claim compensation for the loss of work stoppage, slowdown, etc.

Article 804 If the construction of the project is suspended or delayed due to the reasons of the contractor, the contractor shall take measures to make up for or reduce the losses and compensate the contractor for the losses and actual costs caused by the suspension of work, slowdown, reverse transportation, relocation of machinery and equipment, backlog of materials and components.

Article 805 If the contractor changes the plan, provides inaccurate information, or fails to provide the necessary survey and design working conditions in accordance with the time limit, resulting in the rework, shutdown or modification of the survey and design, the contractor shall pay additional costs in accordance with the workload actually consumed by the surveyor and designer.

Article 806 If the contractor subcontracts or illegally subcontracts the construction project, the contractor may terminate the contract.

If the main building materials, building components and equipment provided by the contractor do not meet the mandatory standards or fail to perform the obligation of assistance, resulting in the contractor being unable to carry out the construction, and the contractor fails to perform the corresponding obligations within a reasonable period of time after being urged, the contractor may terminate the contract.

After the termination of the contract, if the quality of the completed construction project is qualified, the contractor shall pay the corresponding project price in accordance with the agreement.

Article 807 If the contractor fails to pay the price as agreed, the contractor may urge the contractor to pay the price within a reasonable period of time. If the contractor fails to pay within the time limit, the contractor may agree with the contractor to discount the project or request the people's court to auction the project according to law, except that it is not appropriate to discount or auction the project according to the nature of the construction project. The price of the construction project shall be paid in priority for the discount or auction price of the project.

Article 808 Where there are no provisions in this Chapter, the relevant provisions of the contract for work shall apply.

Chapter XIX Contract of Carriage

Section 1 General Provisions

Article 809 A contract of carriage is a contract in which 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 the cost of carriage.

Article 80 A carrier engaged in public transport shall not refuse the usual and reasonable transport request of a passenger or shipper.

Article 81 The carrier shall safely transport passengers and goods to the agreed place within the agreed time limit or a reasonable period.

Article 812 The carrier shall transport passengers and goods to the agreed place in accordance with the agreed or usual transport route.

Article 813 The passenger, the shipper or the consignee shall pay the fare or transportation expenses. If the carrier fails to increase the fare or transportation expenses in accordance with the agreed route or the usual route, the passenger, shipper or consignee may refuse to pay the increased fare or transportation expenses.

Section 2 Passenger Transport Contract

Article 814 A passenger transport contract shall be established when the carrier issues the passenger ticket to the passenger, unless the parties agree otherwise or have other trading habits.

Article 815 Passengers shall ride in accordance with the time, frequency and seat number recorded in the valid ticket. If a passenger rides without a ticket, overrides, leapfrog rides, or rides with a preferential ticket that does not meet the conditions for price reduction, he shall pay the fare, and the carrier may charge the fare in accordance with the regulations; if the passenger does not pay the fare, the carrier may 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 make it up, and the carrier shall not charge the fare and other unreasonable fees again.

Article 816 If a passenger is unable to travel in accordance with the time recorded in the ticket for his own reasons, he shall go through the procedures for refund or change within the agreed time limit; if it is overdue, the carrier may not refund the ticket and no longer assume the transportation obligation.

Article 817 The luggage carried by passengers shall meet the agreed limit and category requirements; if the luggage exceeds the limit or violates the category requirements, it shall go through the check-in procedures.

Article 818 Passengers shall not carry with them or carry in their luggage flammable, explosive, toxic, corrosive, radioactive, or dangerous or prohibited articles that may endanger the safety of persons and property on the means of transport.

If the passenger violates the provisions of the preceding paragraph, the carrier may unload, destroy or deliver the dangerous goods or prohibited goods to the relevant authorities. If the passenger insists on carrying or carrying dangerous articles or prohibited articles, the carrier shall refuse to carry them.

Article 819 The carrier shall strictly perform the obligation of safe transportation and promptly inform the passengers of the matters that should be paid attention to in safe transportation. The passenger shall actively assist and cooperate with the carrier in making reasonable arrangements for safe transportation.

Article 820 The carrier shall transport passengers in accordance with the time, frequency and seat number recorded in the valid ticket. If the carrier delays the carriage or has other circumstances in which the carriage cannot be carried normally, it shall promptly inform and remind the passenger, take necessary resettlement measures, and arrange to change to another flight or refund the ticket at the request of the passenger; if the passenger suffers losses as a result, the carrier shall be liable for compensation, except for those that cannot be attributed to the carrier.

Article 821 If the carrier lowers the service standard without authorization, it shall refund or reduce the fare at the request of the passenger; if the service standard is raised, no additional fare shall be charged.

Article 822 The carrier shall, in the course of transport, make every effort to rescue passengers suffering from acute illness, childbirth or distress.

Article 823 The carrier shall be liable for compensation for the death or injury of the passenger in the course of carriage; however, unless the death or injury is caused by the passenger's own health or the carrier proves that the death or injury was caused by the passenger's intentional or gross negligence.

The provisions of the preceding paragraph shall apply to passengers who travel without tickets in accordance with the provisions, with preferential tickets or with the permission of the carrier.

Article 824 If the carrier is at fault for the damage or loss of the articles carried by the passenger in the course of transport, it shall be liable for compensation.

If the luggage checked by passengers is damaged or lost, the relevant provisions on the carriage of goods shall apply.

Section III Freight Contract

Article 825 When handling the carriage of goods, the shipper shall accurately indicate to the carrier the name of the consignee, the name of the consignee or the consignee with instructions, the name, nature, weight, quantity of the goods, the place of receipt and other necessary circumstances relating to the carriage of the goods.

If the carrier suffers losses as a result of the shipper's false declaration or omission of important information, the shipper shall be liable for compensation.

Article 826 Where the carriage of goods requires examination and approval, inspection and other formalities, the shipper shall submit to the carrier the documents on which the relevant formalities have been completed.

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 provisions of Article 619 of this Law shall apply.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse carriage.

Article 828 Where a shipper consigns flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall properly pack the dangerous goods in accordance with the provisions of the State on the transport of dangerous goods, make signs and labels of the dangerous goods, and submit written materials on the name, nature and preventive measures of the dangerous goods to the carrier.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to carry, or may take corresponding measures to avoid the occurrence of the loss, and the expenses thus incurred shall be borne by the shipper.

Article 829 Before the carrier delivers the goods to the consignee, the shipper may require the carrier to suspend the carriage, return the goods, change the place of arrival or hand over the goods to another consignee, but shall compensate the carrier for the loss suffered as a result.

Article 230 After the arrival of the goods, if the carrier knows the consignee, it shall notify the consignee in time, and the consignee shall take delivery of the goods in time. If the consignee takes delivery of the goods within the time limit, it shall pay the carrier such expenses as storage fees.

Article 831 When taking delivery of the goods, the consignee shall inspect the goods in accordance with the agreed time limit. If there is no agreement on the time limit for inspecting the goods or the agreement is not clear, and cannot be determined in accordance with the provisions of Article 510 of this Law, the goods shall be inspected within a reasonable period of time. If the consignee does not object to the quantity, damage, etc. of the goods within the agreed period or a reasonable period of time, it shall be deemed to be preliminary evidence that the carrier has delivered the goods in accordance with the records of the transport document.

Article 832 The carrier shall be liable for damage to or loss of the goods in the course of carriage. However, the carrier shall not be liable if it proves that the damage or loss of the goods was caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, and the fault of the shipper or consignee.

Article 833 If the parties have an agreement on the amount of compensation for the damage or loss of the goods, they shall be calculated in accordance with their agreement; if there is no agreement or the agreement is unclear and cannot be determined in accordance with the provisions of Article 110 of this Law, it shall be calculated in accordance with the market price of the place of arrival of the goods at the time of delivery or should be delivered. Where laws and administrative regulations provide otherwise for the method of calculating the amount of compensation and the amount of compensation, such provisions shall be followed.

Article 834 Where two or more carriers are transported by the same mode of transport, the carrier that entered into a contract with the shipper shall be liable for the entire carriage; if the loss occurs in a certain section of the transport, the carrier that 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 in the course of carriage due to force majeure and the freight has not been collected, the carrier may not request payment of the freight; if the freight has been collected, the shipper may request return. Where the law provides otherwise, such provisions shall prevail.

Article 836 If the shipper or consignee fails to pay freight, storage fees or other expenses, the carrier shall have a lien on the corresponding transported goods, unless otherwise agreed by the parties.

Article 837 If the consignee is unknown or the consignee refuses to take delivery of the goods without justifiable reasons, the carrier may deposit the goods in accordance with the law.

Section IV Multimodal Transport Contracts

Article 838 The multimodal transport operator shall be responsible for the performance or organization of the performance of the multimodal transport contract, and shall enjoy the carrier's rights and assume the carrier's obligations for the entire transport.

Article 839 The multimodal transport operator may agree with the carrier of each section participating in the multimodal transport on the liability of each section of the multimodal transport contract; however, the agreement shall not affect the obligations of the multimodal transport operator for the entire transport.

Article 840 When the multimodal transport operator receives the goods delivered by the shipper, it shall issue a multimodal transport document. At the request of the shipper, the multimodal transport document may be either a negotiable or a non-negotiable document.

Article 841 If the multimodal transport operator suffers losses due to the fault of the shipper in consigning the goods, the shipper shall still be liable even if the shipper has transferred the multimodal transport document.

Article 842 Where the damage or loss of goods occurs in a transport section of multimodal transport, the liability and limit of liability of the multimodal transport operator shall be subject to the relevant legal provisions on adjusting the mode of transport in that section; if the transport section in which the damage or loss of goods occurs cannot be determined, the liability shall be borne in accordance with the provisions of this chapter.

Chapter 20 Technology Contracts

Section 1 General Provisions

Article 843 A technology contract is a contract concluded by the parties to establish mutual rights and obligations in connection with the development, transfer, licensing, consulting or services of technology.

Article 844 The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the progress of science and technology, and promote the research and development, transformation, application and popularization of scientific and technological achievements.

Article 845 The contents of a technical contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and manner of performance, the confidentiality of technical information and materials, the attribution of technical achievements and the distribution of proceeds, acceptance criteria and methods, and the interpretation of terms and terms.

The technical background information, feasibility demonstration and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents, and other technical documents related to the performance of the contract may be part of the contract in accordance with the agreement of the parties.

Where a technology contract involves a patent, the name of the invention-creation, the patent applicant and patentee, the date of application, the application number, the patent number and the term of validity of the patent right shall be indicated.

Article 846 The method of payment of the price, remuneration or royalties of a technical contract shall be agreed upon by the parties, and may be paid in one lump sum, one lump sum or one lump sum, in instalments, or in the form of a commission payment or a commission payment of an additional prepaid entry fee.

If the commission payment is agreed upon, it may be based on a certain percentage of the product price, the new output value, profit or product sales after the implementation of the patent and the use of the technical secret, or it may be calculated in other ways as agreed. The proportion of commission payment may be fixed, increased year by year or decreased year by year.

Where the commission payment is agreed upon, the parties may agree on the method of consulting the relevant accounting accounts.

Article 847 Where the right to use or transfer a technical achievement of a post belongs to a legal person or an unincorporated organization, the legal person or unincorporated organization may conclude a technical contract for the technical achievement of the post. When a legal person or an unincorporated organization concludes a technology contract to transfer a job-related technical achievement, the person who completes the job-related technical achievement shall have the right to give priority to the transfer under the same conditions.

The technical achievements of the post are the technical achievements accomplished in the performance of the work tasks of a legal person or an unincorporated organization, or mainly by using the material and technical conditions of a legal person or an unincorporated organization.

Article 848 The right to use and transfer a non-job technical achievement belongs to the individual who has completed the technical achievement, and the individual who has completed the technical achievement may conclude a technical contract for the non-job technical achievement.

Article 849 An individual who has completed a technological achievement shall have the right to state in the relevant technological achievement document that he is the person who has completed the technological achievement and the right to obtain certificates of honor and awards.

Article 850 A technology contract that illegally monopolizes technology or infringes on the technological achievements of others shall be null and void.

Section 2 Technology Development Contract

Article 851 A technology development contract is a contract concluded between the parties for the research and development of new technologies, new products, new processes, new varieties or new materials and their systems.

Technology development contracts include commissioned development contracts and cooperative development contracts.

Technology development contracts shall be in writing.

The contract concluded between the parties for the transformation of scientific and technological achievements of practical value shall refer to the relevant provisions of the applicable technology development contract.

Article 852 The principal of the entrusted development contract shall pay research and development funds and remuneration in accordance with the agreement, provide technical information, put forward research and development requirements, complete cooperation matters, and accept the results of research and development.

Article 853 The research and development person of the entrusted development contract shall formulate and implement the research and development plan in accordance with the agreement, make rational use of the research and development funds, complete the research and development work on schedule, deliver the research and development results, provide relevant technical data and necessary technical guidance, and help the client master the research and development results.

Article 854 If the parties to the entrusted development contract violate the agreement and cause the research and development work to be stalled, delayed or failed, they shall be liable for breach of contract.

Article 855 The parties to a cooperative development contract shall make investments in accordance with the agreement, including investment in technology, division of labor, participation in research and development work, and cooperation in research and development work.

Article 856 If the parties to a cooperative development contract violate the agreement and cause the research and development work to be stalled, delayed or failed, they 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 another person, making the performance of the technology development contract meaningless, the parties may terminate the contract.

Article 858 In the course of the performance of a technology development contract, if the research and development fails or partially fails due to insurmountable technical difficulties, the risk shall be agreed upon by the parties; if there is no agreement or the agreement is unclear and cannot be determined in accordance with the provisions of Article 510 of this Law, the risk shall be reasonably shared by the parties.

When a party discovers the circumstances specified in the preceding paragraph that may cause the research and development to fail or partially fail, it shall promptly notify the other party and take appropriate measures to reduce the loss; if it fails to notify in time and take appropriate measures, resulting in an increase in the loss, it shall be liable for the increased loss.

Article 859 For an invention-creation completed by entrusted development, unless otherwise provided by law or otherwise agreed by the parties, the right to apply for a patent belongs to the research and development party. If the research and development person obtains a patent right, the client may enforce the patent in accordance with the law.

If the research and development person transfers the right to apply for a patent, the principal shall have the right to give priority to the transfer under the same conditions.

Article 860 The right to apply for a patent for an invention-creation completed by cooperative development shall be shared by the parties to the cooperative development; if one of the parties transfers its common patent application right, the other parties shall have the right to give priority to the transfer under the same conditions. However, unless otherwise agreed by the parties.

If one of the parties to the cooperative development declares to waive its common patent application right, unless otherwise agreed by the parties, the other party may apply separately or jointly by the other parties. If the applicant obtains a patent right, the party that waives the right to apply for a patent may implement the patent free of charge.

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 distribution of the proceeds of the technical secret achievements commissioned for development or cooperative development shall be agreed upon by the parties; if there is no agreement or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 530 of this Law, the parties have the right to use and transfer the same technical scheme before the patent right is granted. However, the research and development person entrusted with the development shall not transfer the research and development results to a third party before delivering the research and development results to the client.

Section 3 Technology Transfer Contracts and Technology Licensing Contracts

Article 862 A technology transfer contract is a contract concluded by the right holder who legally owns the technology and assigns the relevant rights of an existing specific patent, patent application or technical secret to another person.

A technology licensing contract is a contract concluded by the right holder who legally owns the technology and licenses the relevant rights of the existing specific patents and technical secrets to others for implementation and use.

The agreement in the technology transfer contract and the technology license contract on the provision of special equipment and raw materials for the implementation of the technology or the provision of relevant technical advice and technical services shall be 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, the transfer of technological secrets, etc.

Technology licensing contracts include contracts such as patent implementation licenses and technology secret use licenses.

Technology transfer contracts and technology licensing contracts shall be in written form.

Article 864 Technology transfer contracts and technology licensing contracts may stipulate the scope of the implementation of patents or the use of technical secrets, but shall not restrict technological competition and technological development.

Article 865 A patent implementation license contract shall be valid only for the duration of the patent right. If the term of validity of the patent right expires or the patent right is declared invalid, the patentee may not enter into a patent licensing contract with another person in respect of the patent.

Article 866 The licensor of a patent implementation license contract shall, in accordance with the agreement, license the licensee to implement the patent, deliver the technical information related to the implementation of the patent, and provide the necessary technical guidance.

Article 867 The licensee of a patent implementation license contract shall implement the patent in accordance with the agreement, shall not license a third party other than the agreement to implement the patent, and shall pay royalties in accordance with the agreement.

Article 868 The assignor of a technology secret transfer contract and the licensor of a technology secret license contract shall, in accordance with the agreement, provide technical information, provide technical guidance, ensure the practicality and reliability of the technology, and assume the obligation of confidentiality.

The obligation of confidentiality provided for in the preceding paragraph shall not restrict the licensor from applying for a patent, unless otherwise agreed by the parties.

Article 869 The transferee of a technology secret transfer contract and the licensee of a technology secret license contract shall use the technology in accordance with the agreement, pay the transfer fee and the use fee, and bear the obligation of confidentiality.

Article 870 The transferor of a technology transfer contract and the licensor of a technology licensing contract shall ensure that they are the legal owners of the technology provided and that the technology provided is complete, error-free and effective, and can achieve the agreed objectives.

Article 871 The transferee of a technology transfer contract and the licensee of a technology licensing contract shall, in accordance with the agreed scope and time limit, assume the obligation of confidentiality of the secret part of the technology provided by the transferor or licensor that has not yet been disclosed.

Article 872 if the licensor fails to license the technology in accordance with the agreement, it shall return part or all of the royalties and shall bear the liability for breach of contract; if the implementation of the patent or the use of the technical secret exceeds the scope of the agreement, if the third party is licensed to implement the patent or use the technical secret in violation of the agreement, it shall stop the breach of contract and bear the liability for breach of contract.

The provisions of the preceding paragraph shall apply by reference to the liability of the assignor for breach of contract.

Article 873 If the licensee fails to pay the royalties in accordance with the agreement, it shall pay the royalties and pay liquidated damages in accordance with the agreement; if it fails to pay the royalties or pay liquidated damages, it shall stop the implementation of the patent or the use of the technical secret, return the technical data, and bear the liability for breach of contract; if the implementation of the patent or the use of the technical secret exceeds the scope of the agreement, without the consent of the licensor license to a third party, to bear the liability for breach of contract; in case of breach of the agreed obligation of confidentiality, it shall bear the liability for breach of contract.

Where the assignee is liable for breach of contract, reference shall be made to the provisions of the preceding paragraph.

Article 874 If the transferee or licensee infringes the legitimate rights and interests of others by implementing a patent or using a technical secret in accordance with the agreement, the transferor or licensor 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 on the method of sharing the technological achievements of the subsequent improvement of the implementation of patents and the use of technical secrets; if there is no agreement or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 501 of this Law, the other parties have no right to share the technological achievements of the subsequent improvement of one party.

Article 876 The transfer and licensing of other intellectual property rights such as the exclusive right of integrated circuit layout design, the right of new plant varieties, the copyright of computer software, etc., shall be subject to the relevant provisions of this section.

Article 877 Where laws and administrative regulations provide otherwise on technology import and export contracts or contracts for patents or patent applications, such provisions shall prevail.

Section IV Technical Consulting Contracts and Technical Service Contracts

Article 878 A technical consulting contract is a contract concluded by one of the parties to provide the other party with technical knowledge to provide feasibility studies, technical forecasts, special technical surveys, analysis and evaluation reports on specific technical projects.

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, excluding contracts for contracting and construction projects.

Article 879 The principal of a technical consulting contract shall, in accordance with the agreement, clarify the issues to be consulted, provide technical background materials and relevant technical information, accept the results of the work of the trustee, and pay remuneration.

Article 880 The trustee of a technical consulting contract shall complete the consulting report or answer questions in accordance with the agreed time limit, and the consulting report submitted shall meet the agreed requirements.

Article 881 If the principal of a technical consulting contract fails to provide the necessary information in accordance with the agreement, affects the progress and quality of the work, and does not accept or late accepts the work results, the remuneration paid shall not be recovered, and the unpaid remuneration shall be paid.

If the trustee of a technical consulting contract fails to submit a consulting report on schedule or the consulting report submitted does not conform to the agreement, he shall bear the liability for breach of contract such as reduction or exemption of remuneration.

The principal of a technical consulting contract shall bear the losses caused by the decision-making of the trustee in accordance with the consulting report and opinions of the trustee in accordance with the agreed requirements, unless otherwise agreed by the parties.

Article 882 The principal of a technical service contract shall, in accordance with the agreement, provide working conditions, complete the matters of cooperation, accept the results of the work 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 impart knowledge of solving technical problems.

Article 884 If the principal of a technical service contract fails to perform his contractual obligations or does not perform his contractual obligations in accordance with the agreement, affects the progress and quality of the work, and does not accept or late accepts the results of the work, the remuneration paid shall not be recovered and the unpaid remuneration shall be paid.

If the trustee of a technical service contract fails to complete the service work in accordance with the agreement, he shall bear the liability for breach of contract such as exemption of remuneration.

Article 885 During the performance of a technical consulting contract or a technical service contract, new technical achievements completed by the trustee using the technical information and working conditions provided by the principal shall belong to the trustee. The new technical achievements completed by the principal using the work results of the trustee belong to the principal. If the parties agree otherwise, they shall follow their agreement.

Article 886 If the technical consulting contract and the technical service contract do not agree on the burden of the expenses required for the normal work of the trustee or the agreement is not clear, the trustee shall bear the burden.

Article 887 Where laws and administrative regulations provide otherwise for technical intermediary contracts and technical training contracts, they shall be in accordance with their provisions.

Chapter XXI Safekeeping Contracts

Article 888 A custody contract is a contract in which the custodian keeps the custody delivered by the depositor and returns the property.

If the depositor engages in shopping, dining, accommodation and other activities at the custodian and stores the goods in the designated place, it shall be regarded as safekeeping, unless the parties agree otherwise or have other trading habits.

Article 889 The depositor shall pay the custodial fee to the custodian in accordance with the agreement.

If the parties have not agreed on the storage fee or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be regarded as free custody.

Article 890 A contract of custody shall be established when the custody is delivered, unless otherwise agreed by the parties.

Article 891 Where the depositor delivers the custody to the custodian, the custodian shall issue a certificate of custody, unless there are other trading habits.

Article 892 The custodian shall keep the custody properly.

The parties may agree on the place or method of storage. Except in case of emergency or in order to safeguard the interests of the depositor, the place or method of storage shall not be changed without authorization.

Article 893 If the custody delivered by the depositor is defective or special custody measures are required according to the nature of the custody, the depositor shall inform the depositor of the relevant situation. If the depositor fails to inform, the depositary shall not be liable for damage to the custody; if the depositary suffers damage as a result, the depositary shall be liable for compensation unless the depositary knows or should know and fails to take remedial measures.

Article 894 The custodian shall not transfer the custody to a third person for safekeeping, unless otherwise agreed by the parties.

If the custodian, in violation of the provisions of the preceding paragraph, transfers the custody to a third person for safekeeping and causes damage to the custody, it shall be liable for compensation.

Article 895 The custodian shall not use or permit a third party to use the custody, unless otherwise agreed by the parties.

Article 896 Where a third party claims rights over the custody, the custodian shall, in addition to taking preservation or enforcement measures against the custody in accordance with the law, perform the obligation to return the custody to the depositor.

If a third party brings a lawsuit against the custodian or applies for the seizure of the custody, the custodian shall promptly notify the depositor.

Article 897 During the custody period, if the custody is damaged or lost due to improper custody by the custodian, the custodian shall be liable for compensation. However, the gratuitous custodian shall not be liable for compensation if he proves that he has not committed intentional or gross negligence.

Article 898 Where the depositor deposits currency, securities or other valuables, it shall declare to the custodian, and the custodian shall accept or seal the deposit.

Article 899 The depositary may collect the custody at any time.

If the parties have not agreed on the period of custody or the agreement is not clear, the custodian may request the depositor to collect the custody at any time; if the custody period is agreed, the custodian shall not request the depositor to collect the custody in advance without special reasons.

Article 900 If the term of custody expires or the depositor takes possession of the custody in advance, the depositor shall return the original and its fruits to the depositor.

Article 101 Where the custodian keeps currency, it may return the same type and quantity of currency; where it keeps other substitutes, it may return the same type, quality and quantity of goods in accordance with the agreement.

Article 802 In the case of a paid custody contract, the depositor shall pay the custodian a custodian fee in accordance with the agreed period.

If the parties have not agreed on the time limit for payment or the agreement is unclear, and cannot be determined in accordance with the provisions of Article 110 of this Law, the payment shall be made at the same time as the custody is received.

Article 93 If the depositor fails to pay the custody fee or other expenses as agreed, the custodian shall have a lien on the custody, unless otherwise agreed by the parties.

Chapter 22 Warehousing Contract

Article 94 A storage contract is a contract in which the custodian stores the storage materials delivered by the depositor and the depositor pays the storage fee.

Article 95 A storage contract shall be established when the custodian and the depositor express the same intention.

Article 96 Where flammable, explosive, toxic, corrosive, radioactive and other dangerous goods or perishable goods are stored, the depositor shall explain the nature of the goods and provide relevant information.

If the depositor violates the provisions of the preceding paragraph, the custodian may refuse to accept the storage, or may take corresponding measures to avoid the occurrence of losses, and the expenses incurred shall be borne by the depositor.

If the custodian stores flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall have the corresponding storage conditions.

Article 907 The custodian shall, in accordance with the agreement, check and accept the warehousing materials. If the custodian discovers that the stored goods are not in conformity with the agreement during the acceptance, it shall notify the depositor in a timely manner. After the acceptance of the custodian, if the variety, quantity and quality of the stored goods do not conform to the agreement, the custodian shall be liable for compensation.

Article 98 Where the depositor delivers the stored goods, the custodian shall issue certificates such as warehouse receipts and warehouse receipts.

Article 909 The custodian shall sign or seal the warehouse receipt. Warehouse receipts include the following:

(I) the name and domicile of the depositor;

(II) the variety, quantity, quality, packaging and the number of pieces and marks of the stored goods;

(III) the standard of loss of stored goods;

(IV) storage sites;

(V) storage period;

(VI) storage charges;

If the (VII) warehouse has been insured, the insured amount, period and the name of the insurer;

(VIII) the person, place and date of filling.

Article 910 A warehouse receipt is a voucher for the withdrawal of stored goods. If the depositor or the holder of the warehouse receipt endorses the warehouse receipt and signs or seals it with the custodian, the right to withdraw the warehouse may be transferred.

Article 911 The custodian shall, at the request of the depositor or the holder of the warehouse receipt, agree to the inspection of the warehouse or the extraction of samples.

Article 912 If the custodian discovers that the stored goods have deteriorated or other damage, it shall promptly notify the depositor or the holder of the warehouse receipt.

Article 913 If the custodian discovers that the stored goods have deteriorated or other damage, endangering the safety and normal storage of other stored goods, it shall urge the depositor or the holder of the warehouse receipt to make the necessary disposal. Due to the urgency of the situation, the custodian may make the necessary disposal; however, the depositor or the holder of the warehouse receipt shall be notified of the situation in a timely manner afterwards.

Article 914 If the parties do not agree on the storage period or the agreement is unclear, the inventory holder or warehouse receipt holder may withdraw the storage at any time, and the custodian may also request the inventory holder or warehouse receipt holder to withdraw the storage at any time, but the necessary preparation time shall be given.

Article 915 Upon the expiration of the storage period, the inventory holder or the holder of the warehouse receipt shall withdraw the storage materials on the basis of the warehouse receipt, receipt receipt, etc. If the depositor or the holder of the warehouse receipt is overdue, the storage fee shall be charged; if the withdrawal is made 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 withdraw the storage material, the custodian may urge him to withdraw it within a reasonable period of time; if he fails to withdraw it within the time limit, the custodian may withdraw the storage material.

Article 917 During the storage period, if the storage material is damaged or lost due to improper storage, the custodian shall be liable for compensation. The custodian shall not be liable for compensation if the storage is deteriorated or damaged due to the natural nature of the storage itself, the packaging does not conform to the agreement or exceeds the effective storage period.

Article 918 Where there is no provision in this Chapter, the relevant provisions of the contract of custody shall apply.

Chapter 23 Entrustment Contract

Article 999 A contract of entrustment is a contract in which the principal and the trustee agree that the trustee shall handle the affairs of the principal.

Article 920 The principal may specifically entrust the trustee with the handling of one or more matters, or may generally entrust the trustee with the handling of all matters.

Article 921 The principal shall pay in advance the cost of handling the entrusted matter. The principal shall reimburse the necessary expenses paid by the trustee for the handling of the entrusted affairs and pay interest.

Article 922 The trustee shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the instructions of the principal, the consent of the principal shall be obtained; if it is difficult to contact the principal due to emergency, the trustee shall properly handle the entrusted affairs, but shall report the situation to the principal in a timely manner afterwards.

Article 923 The trustee shall personally handle the entrusted affairs. With the consent of the principal, the trustee may delegate. If the delegation is approved or ratified, the principal may directly instruct the third party to whom the delegation is entrusted, and the trustee shall only be liable for the selection of the third party and its instructions to the third party. If the delegation is not approved or ratified, the trustee shall be responsible for the acts of the third party to whom the delegation is made, except where the trustee needs to delegate to a third party in order to safeguard the interests of the principal in an emergency.

Article 924 The trustee shall, at the request of the principal, report on the handling of the entrusted affairs. When the entrustment contract is terminated, the trustee shall report the results of the entrustment.

Article 925 If the trustee concludes a contract with a third party in his own name within the scope of authorization of the principal, and the third party knows the agency relationship between the trustee and the principal at the time of conclusion of the contract, the contract directly binds the principal and the third party; however, unless there is definite evidence to prove that the contract only binds the trustee and the third party.

Article 926 When the trustee enters into a contract with a third party in his own name, the third party does not know the agency relationship between the trustee and the principal, and the trustee fails to perform his obligations to the principal due to the reasons of the third party, the trustee shall disclose the third party to the principal, and the principal may therefore exercise the rights of the trustee against the third party. However, except where a third party would not have entered into a contract with the trustee if he had known that the principal had entered into the contract.

If the trustee fails to perform his obligations to the third party due to the principal, the trustee shall disclose the principal to the third party, and the third party may therefore choose the trustee or the principal as the relative to claim its rights, but the third party may not change the selected relative.

If the principal exercises the rights of the trustee against a third party, the third party may claim its defense against the trustee from the principal. If a third party chooses the principal as its counterpart, the principal may assert his defense against the trustee and the trustee's defense against the third party.

Article 927 The property acquired by the trustee in handling the entrusted affairs shall be transferred to the principal.

Article 928 Where the trustee completes the entrusted affairs, the principal shall pay remuneration to him in accordance with the agreement.

If the entrustment contract is terminated or the entrustment affairs cannot be completed due to reasons not attributable to the trustee, the principal shall pay the trustee the corresponding remuneration. If the parties agree otherwise, they shall follow their agreement.

Article 929 If a paid entrustment contract causes the principal's loss due to the trustee's fault, the principal may request compensation for the loss. For a gratuitous entrustment contract, if the trustee's intentional or gross negligence causes the principal's loss, the principal may request compensation for the loss.

If the trustee exceeds his authority and causes losses to the principal, he shall compensate for the losses.

Article 930 When the trustee handles the entrusted affairs, if he suffers losses due to reasons not attributable to himself, he may request compensation from the principal for the losses.

Article 931 The principal may, with the consent of the trustee, entrust a third person other than the trustee to handle the entrusted affairs. If the trustee suffers losses as a result, the trustee may request compensation from the principal for the losses.

Article 932 Where two or more trustees jointly handle the entrusted affairs, they shall bear joint and several liability to the principal.

Article 933 The principal or trustee may terminate the contract of entrustment at any time. If the loss of the other party is caused by the termination of the contract, except for the reasons that cannot be attributed to the party, the party of the non-compensation entrustment contract shall compensate for the direct loss caused by the improper termination time, and the party of the paid entrustment contract shall compensate the other party for the direct loss and the benefits that can be obtained after the performance of the contract.

Article 934 If the principal dies, terminates or the trustee dies, loses civil capacity or terminates, the entrustment contract shall be terminated, unless the parties agree otherwise or it is inappropriate to terminate according to the nature of the entrusted affairs.

Article 935 If the termination of the entrustment contract due to the death of the principal or the declaration of bankruptcy or dissolution of the principal will harm the interests of the principal, the trustee shall continue to deal with the entrustment before the heirs, estate administrators or liquidators of the principal accept the entrustment affairs.

Article 936 If the contract of entrustment is terminated due to the death, loss of civil capacity or declaration of bankruptcy or dissolution of the trustee, the successor, estate manager, legal representative or liquidator of the trustee shall promptly notify the principal. If the termination of the entrustment contract will harm the interests of the principal, the heirs, estate managers, legal representatives or liquidators of the trustee shall take necessary measures before the principal makes the aftermath.

Chapter 24 Property Service Contracts

Article 937 A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.

Property service providers include property service companies and other managers.

Article 938 The contents of a property service contract generally include service matters, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service rooms, service period, service handover and other provisions.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article 939 The preliminary property service contract concluded between the construction unit and the property service person in accordance with the law, and the property service contract concluded between the owners' committee and the property service person selected by the owners' assembly in accordance with the law shall be legally binding on the owners.

Article 940 If the property service contract concluded between the owner committee or the owner and the new property service person takes effect before the expiration of the service period stipulated in the preliminary property service contract concluded between the construction unit and the property service person in accordance with the law, the preliminary property service contract shall be terminated.

Article 941 If a property service provider entrusts some of the special service items in the property service area to a professional service organization or other third party, it shall be responsible to the owner for that part of the special service items.

The property service provider shall not entrust all the property services it should provide to a third party, or entrust all the property services to a third party separately after the dismantling.

Article 942 The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.

For violations of relevant laws and regulations on public security, environmental protection, and fire protection in the property service area, the property service person shall promptly take reasonable measures to stop, report to the relevant administrative department and assist in handling.

Article 943 The property service provider shall regularly disclose the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, as well as the use of maintenance funds, the operation and income of the common part of the owners, etc. to the owners in a reasonable manner and report to the owners' assembly and the owners' committee.

Article 944 The owner shall pay the property fee to the property service person in accordance with the agreement. If 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 fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay within a reasonable period of time; if he still fails to pay within the reasonable period of time, the property service provider may file a lawsuit or apply for arbitration.

The property service person shall not take the means of stopping power supply, water supply, heat supply, gas supply, etc. to urge the payment of property fees.

Article 945 Where an owner decorates a house, he shall inform the property service person in advance, abide by the reasonable precautions prompted by the property service person, and cooperate with him in the necessary on-site inspection.

If the owner transfers or rents the exclusive part of the property, establishes the right of residence or changes the use of the common part 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 property service provider in accordance with legal procedures, they may terminate the property service contract. If a decision is made to dismiss a job, the property servicer shall be notified in writing 60 days in advance, unless the contract stipulates otherwise for the notice period.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property servicer, the owner shall compensate for the losses, except for the reasons that cannot be attributed to the owner.

Article 947 If, before the expiration of the property service period, the owners jointly decide to renew their employment according to law, they shall renew the property service contract with the original property service provider before the expiration of the contract period.

Before the expiration of the property service period, if the property service provider does not agree to renew the employment, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the contract stipulates otherwise on the notice period.

Article 948 After the expiration of the property service period, if the owner fails to make a decision to renew or hire another property service person in accordance with the law, and the property service person continues to provide property services, the original property service contract shall continue to be valid, but the service period is irregular.

The parties may terminate the irregular property service contract at any time, but shall notify the other party in writing 60 days in advance.

Article 949 If the property service contract is terminated, the original property service provider shall withdraw from the property service area within the agreed time limit or a reasonable time limit, return the property service room, related facilities, and relevant materials necessary for property services to the owners committee, the owner who decides to manage himself, or the person designated by him, cooperate with the new property service provider to do a good job of handover, and truthfully inform the use and management of the property.

If the original property service provider violates the provisions of the preceding paragraph, he shall not request the owner to pay the property fee after the termination of the property service contract; if the owner loses, he shall compensate for the loss.

Article 950 After the termination of the realty service contract, before the owners or the new realty service person selected by the owners' assembly or the owners who decide to manage themselves take over, the original realty service person shall continue to handle the realty service matters and may request the owners to pay the property fees for that period.

Chapter 25 Disciplinary Contracts

Article 951 A discipline contract is a contract in which a discipline person engages in trade activities for the principal in his own name and the principal pays remuneration.

Article 952 The expenses incurred by the discipline broker in handling the entrusted affairs shall be borne by the discipline broker, unless otherwise agreed by the parties.

Article 953 Where a disciplinarian is in possession of the entrustment, he shall keep the entrustment properly.

Article 954 If the entrusted property is defective or perishable or deteriorated when it is delivered to the trustee-trader, the trustee-trader may dispose of the property with the consent of the principal; if the trustee-trader cannot get in touch with the principal in a timely manner, the trustee-trader may dispose of the property reasonably.

Article 955 Where a trader 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, the consent of the principal shall be required; if the trader compensates for the difference without the consent of the principal, the sale shall have effect on the principal.

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; if there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 110 of this Law, the interest belongs to the principal.

If the principal has a special instruction on the price, the trader shall not sell or buy in violation of the instruction.

Article 956 When a trader sells or buys a commodity with market pricing, the trader himself may act as a buyer or seller, unless the principal has a contrary intention.

If the trustee-trader has the circumstances specified in the preceding paragraph, he may still request the principal to pay remuneration.

Article 957 When a broker buys a commission in accordance with the agreement, the principal shall receive it in a timely manner. If the principal refuses to accept the receipt without justifiable reasons after being urged by the broker, the broker may deposit the entrusted property in accordance with the law.

If the entrusted property cannot be sold or the principal withdraws the sale, and the trustee does not take back or dispose of the property after being urged by the trustee-trader, the trustee-trader may deposit the entrusted property in accordance with the law.

Article 958 Where a broker enters into a contract with a third party, the broker shall have direct rights and obligations under the contract.

If the third party fails to perform its obligations and causes damage to the principal, the discipline broker shall be liable for compensation, unless otherwise agreed between the discipline broker and the principal.

Article 959 If the trustee-trader completes or partially completes the entrusted affairs, the principal shall pay him the corresponding remuneration. If the principal fails to pay the remuneration within the time limit, the broker shall have a lien on the entrusted property, unless otherwise agreed by the parties.

Article 960 Where there are no provisions in this Chapter, reference shall be made to the relevant provisions of the contract of entrustment.

Chapter 26 Intermediary Contracts

Article 961 An intermediary contract is a contract in which the intermediary reports to the principal the opportunity to conclude the contract or provides the intermediary services for the conclusion of the contract, and the principal pays the remuneration.

Article 962 An intermediary shall truthfully report to the principal on matters relating to the conclusion of the contract.

If an intermediary intentionally conceals important facts relating to the conclusion of a contract or provides false information to the detriment of the interests of the principal, it shall not request payment of remuneration and shall be liable for compensation.

Article 963 Where an intermediary facilitates the formation of a contract, the principal shall pay remuneration in accordance with the agreement. If there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 501 of this Law, it shall be reasonably determined according to the labor services of the intermediary. If the establishment of a contract is facilitated by the intermediary's provision of media services for the conclusion of the contract, the parties to the contract shall bear the remuneration of the intermediary on an equal basis.

If the intermediary facilitates the establishment of the contract, the cost of the intermediary's activities shall be borne by the intermediary.

Article 964 If an intermediary fails to facilitate the formation of a contract, he shall not request payment of remuneration; however, he may, in accordance with the agreement, request the principal to pay the necessary expenses incurred in engaging in the intermediary activities.

Article 965 If a principal, after accepting the services of an intermediary, takes advantage of the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly conclude a contract, he shall pay remuneration to the intermediary.

Article 966 Where there is no provision in this chapter, reference shall be made to the relevant provisions of the contract of entrustment.

Chapter 27 Partnership Contracts

Article 967 A partnership contract is an agreement between two or more partners to share benefits and risks for a common business purpose.

Article 968 The partners shall perform their obligations to make capital contributions in accordance with the agreed manner, amount and time limit for payment.

Article 969 The capital contribution of a partner, the proceeds and other property obtained in accordance with the law as a result of the partnership affairs shall be the property of the partnership.

Before the termination of the partnership contract, the partners may not request the division of the partnership property.

Article 970 Where a partner makes a decision on partnership affairs, unless otherwise agreed in the partnership contract, it shall be subject to the unanimous consent of all the partners.

The partnership affairs shall be carried out jointly by all the partners. In accordance with the agreement of the partnership contract or the decision of all the partners, one or more partners may be entrusted to carry out the partnership affairs.

If the partners perform the partnership affairs separately, the executive partner may object to the affairs performed by the other partners; after the objection is made, the other partners shall suspend the execution of the affairs.

Article 971 A partner may not request payment of remuneration for the execution of partnership affairs, unless otherwise agreed in the partnership contract.

Article 972 The profit distribution and loss sharing of the partnership shall be handled in accordance with the agreement of the partnership contract; if the partnership contract is not agreed or the agreement is not clear, it shall be decided by the partners through consultation; if the negotiation fails, the partners shall distribute and share in proportion to the paid-in capital; if the proportion of capital contribution cannot be determined, the partners shall distribute and share equally.

Article 973 The partners shall be jointly and severally liable for the debts of the partnership. A partner who pays off a partnership debt in excess of his or her share shall have the right to recover it from the other partners.

Article 974 Unless otherwise agreed in the partnership contract, the transfer of all or part of a partner's share of property to a person other than a partner shall be subject to the unanimous consent of the other partners.

Article 975 A partner's creditor may not subrogate the rights enjoyed by the partner in accordance with the provisions of this chapter and the partnership contract, except for the right of claim for the distribution of benefits enjoyed by the partner.

Article 976 If a partner does not agree on the term of the partnership or the agreement is unclear, and cannot be determined in accordance with the provisions of Article 110 of this Law, it shall be deemed to be an irregular partnership.

If the partnership term expires and the partner continues to carry out the partnership affairs without any objection from the other partners, the original partnership contract shall continue to be valid, but the partnership term shall be indefinite.

A partner may terminate an indefinite partnership contract at any time, but shall notify the other partners before a reasonable period of time.

Article 977 If a partner dies, loses civil capacity or terminates, the partnership contract shall be terminated; however, unless the partnership contract stipulates otherwise or is not suitable for termination according to the nature of the partnership affairs.

Article 978 After the termination of the partnership contract, if the partnership property has surplus after the payment of the expenses arising from the termination and the settlement of the partnership debts, it shall be distributed in accordance with the provisions of Article 972 of this Law.

Sub-part III Quasi-contract

Chapter 28 Management without cause

Article 979 Where the administrator has no statutory or agreed obligation to manage the affairs of others in order to avoid losses to the interests of others, he may request the beneficiary to reimburse the necessary expenses incurred as a result of the management of the affairs; if the administrator suffers losses as a result of the management of the 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 shall not enjoy the rights stipulated in the preceding paragraph, except where the true intention of the beneficiary violates the law or public order and good customs.

Article 980 Where the management of the affairs of the administrator does not fall under the circumstances stipulated in the preceding article, but the beneficiary enjoys the benefits of management, the beneficiary shall assume the obligations stipulated in the first paragraph of the preceding article to the administrator within the scope of the benefits obtained.

Article 981 The administrator shall manage the affairs of others in a manner favourable to the beneficiaries. If the interruption of management is detrimental to the beneficiaries, it shall not be interrupted without justifiable reasons.

Article 982 If the administrator manages the affairs of another person and is able to notify the beneficiary, it shall notify the beneficiary in a timely manner. If the affairs under management do not need to be dealt with urgently, they shall wait for the instructions of the beneficiary.

Article 983 After the end of management, the administrator shall report to the beneficiary on the management affairs. The property acquired by the administrator in the management of the affairs shall be transferred to the beneficiary in a timely manner.

Article 984 Where the management of the affairs of the administrator is ratified by the beneficiary afterwards, the relevant provisions of the entrustment contract shall apply from the beginning of the management, unless otherwise indicated by the administrator.

Chapter 29 Unjust enrichment

Article 985 Where a beneficiary has no legal basis for obtaining improper benefits, the person who has suffered the loss may request the beneficiary to return the benefits obtained, except in any of the following circumstances:

payments made by the (I) in fulfilment of a moral obligation;

(II) the liquidation of the debt prior to maturity;

The liquidation of a debt by the (III) knowing that it is not under an obligation to pay.

Article 986 If a profiteer does not know and should not know that the benefit obtained has no legal basis, and the benefit obtained no longer exists, he shall not be obliged to return the benefit.

Article 987 Where a beneficiary knows or should have known that the benefits obtained have no legal basis, the person who has suffered the loss may request the beneficiary to return the benefits obtained and compensate for the loss in accordance with the law.

Article 988 Where the benefit has been transferred to a third party without compensation, the person who has suffered the loss may request the third party to undertake the obligation of return within the corresponding scope.

Part IV Right of personality

Chapter I General Provisions

Article 989 This part adjusts the civil relations arising from the enjoyment and protection of personality rights.

Article 990 The right of personality is the right to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects.

In addition to the personality rights provided for in the preceding paragraph, natural persons shall enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 991 The personality rights of civil subjects shall be protected by law and may not be infringed upon by any organization or individual.

Article 992 The right of personality may not be abandoned, transferred or inherited.

Article 993 Civil subjects may license their own names, names, portraits, etc. to others, except in accordance with the provisions of the law or according to their nature.

Article 994 if the name, portrait, reputation, honor, privacy and remains of the deceased are infringed upon, his spouse, children and parents shall have the right to request the perpetrator to bear civil liability according to law; if the deceased has no spouse or children and his parents have died, other close relatives shall have the right to request the perpetrator to bear civil liability according to law.

Article 995 Where the right of personality is infringed upon, the victim shall have the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The provisions on the limitation of action shall not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore the reputation and make an apology.

Article 996 If the injured party chooses to claim liability for breach of contract due to the breach of contract by one of the parties, which damages the personality rights of the other party and causes serious mental damage, the injured party shall not be affected in its request for compensation for mental damage.

Article 997 If a civil subject has evidence to prove that the perpetrator is committing or is about to commit an illegal act that infringes upon his right of personality, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, it shall have the right to apply to the people's court in accordance with the law to take measures to order the perpetrator to stop the relevant acts.

Article 998 When it is determined that the perpetrator shall bear the civil liability for infringement of personality rights other than the right to life, body and health, the occupation, scope of influence, degree of fault of the perpetrator and the victim, as well as the purpose and manner of the act, Consequences and other factors.

Article 999 those who carry out news reports, supervision by public opinion and other acts in the public interest may reasonably use the name, name, portrait and personal information of civil subjects; those who use unreasonable acts to infringe upon the personality rights of civil subjects shall bear civil liability according to law.

Article 1000 If the perpetrator bears civil liability such as eliminating the influence, restoring his reputation and making an apology for infringing upon the right of personality, it shall be equivalent to the specific mode of the act and the scope of influence caused.

If the perpetrator refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may implement it by publishing an announcement in newspapers, the Internet and other media or publishing effective judgment documents, and the expenses incurred shall be borne by the perpetrator.

Article 101 The protection of the identity rights of natural persons arising from marriage and family relations shall apply to the relevant provisions of Part I, Part V and other laws of this Law; if there are no provisions, the relevant provisions of this Part may be applied by reference to their nature. The relevant provisions on the protection of personality rights.

Chapter II The Right to Life, Body and Health

Article 202 Natural persons enjoy the right to life. The safety and dignity of life of natural persons shall be protected by law. No organization or individual may infringe upon the right to life of others.

Article 103 Natural persons enjoy 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 the physical rights of others.

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 upon the right to health of others.

Article 105 Where a natural person's right to life, body, or health is infringed or is in other situations of danger, the organization or individual that has the legal obligation to rescue shall promptly rescue him.

Article 106 A person with full capacity for civil conduct shall have the right to decide on his own according to law to donate his human cells, human tissues, human organs and remains free of charge. No organization or individual may force, deceive or induce them to donate.

Where a person with full capacity for civil conduct agrees to make a donation in accordance with the provisions of the preceding paragraph, it shall be in writing or may make a will.

If the natural person has not expressed his disagreement with the donation before his or her life, his or her spouse, adult children and parents may jointly decide to donate after the death of the natural person, and the decision to donate shall be made in writing.

Article 107 It is prohibited to buy or sell human cells, human tissues, human organs and human remains in any form.

Any sale in violation of the provisions of the preceding paragraph shall be null and void.

Article 108 Where clinical trials are required for the development of new drugs, medical devices or the development of new prevention and treatment methods, they shall be approved by the relevant competent department in accordance with the law and reviewed and approved by the ethics committee to the subject or the subject's guardian Inform the details of the purpose, use and possible risks of the trial, and obtain its written consent.

Where a clinical trial is conducted, the trial fee shall not be charged to the subject.

Article 109 Medical and scientific research activities related to human genes and human embryos shall abide by laws, administrative regulations and relevant state provisions, and shall not endanger human health, violate ethics and morals, or harm public interests.

Article 101 Where a person sexually harasses another person by means of words, words, images, physical acts, etc. against the will of another person, the victim shall have the right to request the perpetrator to bear civil liability in accordance with the law.

Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, so as to prevent and stop sexual harassment by taking advantage of their functions and powers and affiliation.

Article 101 Where a person deprives or restricts the freedom of movement of another person by means of illegal detention or other means, or illegally searches the body of another person, the victim shall have the right to request the perpetrator to bear civil liability in accordance with the law.

Chapter III Right of Name and Name

Article 101 Natural persons shall enjoy the right of name and shall have the right to decide, use, change or permit others to use their own names in accordance with the law, provided that they shall not violate public order and good customs.

Article 103 Legal persons and unincorporated organizations shall enjoy the right to name and shall have the right to decide, use, change, transfer or permit others to use their own names in accordance with the law.

Article 114 No organization or individual may infringe upon another person's right to a name or name by means of interference, embezzlement or counterfeiting.

Article 105 A natural person shall take his father's surname or his mother's surname, but in any of the following circumstances, he may choose a surname other than his father's surname and his mother's surname:

(I) select the surnames of other lineal elders;

the surname chosen by the (II) for being supported by a person other than the legal dependant;

(III) there are other legitimate reasons that do not violate public order and good customs.

The surnames of natural persons of ethnic minorities may follow the cultural traditions and customs of their own ethnic groups.

Article 1016 Where a natural person decides or changes his or her name, or a legal person or unincorporated organization decides, changes or transfers his or her name, he or she shall go through the registration formalities with the relevant authorities in accordance with the law, except as otherwise provided by law.

If a civil subject changes its name or name, the civil juristic act performed before the change shall be legally binding on it.

Article 1017 pen names, stage names, net names, translated names, font sizes, names and abbreviations of names that have a certain social popularity and are used by others to cause public confusion shall be subject to the relevant provisions on the protection of the right of name and the right of name.

Chapter IV Portrait Rights

Article 108 Natural persons shall enjoy the right of portrait and shall have the right to make, use, disclose or permit others to use their own portraits in accordance with the law.

Portrait is an external image of a specific natural person that can be identified on a certain carrier through images, sculptures, paintings, etc.

Article 1019 No organization or individual may infringe upon the portrait rights of others by vilifying, defacing, or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or disclosed, except as otherwise provided by law.

Without the consent of the portrait owner, the right owner of the portrait work shall not use or make public the portrait of the portrait owner by means of publication, reproduction, distribution, rental, exhibition, etc.

Article 1020 Any of the following acts may be reasonably committed without the consent of the owner of the portrait:

(I) for personal study, art appreciation, classroom teaching or scientific research, use the portrait of the owner of the portrait to the extent necessary;

In order to carry out news reports, (II) inevitably produce, use and publicize the portrait of the right person;

In order for the (III) to perform their duties in accordance with the law, state organs make, use and publicize the portraits of the right holders within the necessary scope;

(IV), in order to show a specific public environment, it is inevitable to make, use and disclose the portrait of the right person;

(V) other acts of making, using and disclosing the portrait of the portrait owner in order to safeguard the public interest or the legitimate rights and interests of the portrait owner.

Article 1021 If the parties dispute the understanding of the terms of portrait use in the portrait license contract, they shall make an interpretation in favor of the portrait owner.

Article 1022 If the parties have not agreed on the period of the portrait license or the agreement is unclear, either party may terminate the portrait license contract at any time, but shall notify the other party before a reasonable period of time.

The parties have a clear agreement on the period of the portrait license, and if the portrait owner has a valid reason, the portrait license contract may be terminated, but the other party shall be notified before a reasonable period of time. If the other party suffers losses as a result of the termination of the contract, it shall compensate for the losses, except for reasons that cannot be attributed to the owner of the portrait.

Article 1023 For the permitted use of names, etc., reference shall be made to the relevant provisions applicable to the licensed use of portraits.

The protection of the voice of natural persons shall refer to the relevant provisions applicable to the protection of the right of portrait.

Chapter V Right of Reputation and Honor

Article 1024 Civil subjects shall enjoy the right of reputation. No organization or individual may infringe upon the right of reputation of others by means of insult or slander.

Reputation is the social evaluation of the moral character, prestige, talent, credit and so on of the civil subject.

Article 1025 Actor who carries out news reports, supervision by public opinion and other acts for the public interest and affects the reputation of others shall not bear civil liability, except in any of the following circumstances:

(I) fabrication and distortion of facts;

The (II) fails to reasonably verify the seriously inaccurate contents provided by others;

(III) the use of insulting words or the like to derogate the reputation of others.

Article 1026 To determine whether the perpetrator has fulfilled the obligation of reasonable verification stipulated in the second paragraph of the preceding article, the following factors shall be considered:

the credibility of the source of the (I) content;

(II) whether necessary investigations have been carried out on the contents that are obviously likely to cause disputes;

The time limit of the (III) content;

(IV) content and the relevance of public order and good customs;

(V) the possibility of the victim's reputation being degraded;

(VI) verification capacity and verification costs.

Article 1027 Where a literary or artistic work published by an actor describes a real person or a specific person, contains insulting or defamatory content, and infringes upon the reputation of another person, the victim shall have the right to request the actor to bear civil liability in accordance with the law.

The literary and artistic works published by the actor do not describe a specific person, and if the plot is similar to the situation of the specific person, he shall not bear civil liability.

Article 1028 if a civil subject has evidence to prove that the contents reported by newspapers, periodicals, the Internet and other media are untrue and infringe upon its right of reputation, it shall have the right to request the media to take necessary measures such as correction or deletion in a timely manner.

Article 1029 Civil subjects may inquire about their own credit evaluation in accordance with the law; if they find that the credit evaluation is improper, they shall have the right to raise objections and request necessary measures such as correction and deletion. The credit evaluator shall make timely verification, and if the verification is true, it shall take necessary measures in a timely manner.

Article 1030 the provisions of this part on the protection of personal information and the relevant provisions of other laws and administrative regulations shall apply to the relationship between civil subjects and credit information processors such as credit bureaus.

Article 1031 Civil subjects shall enjoy the right of honor. No organization or individual may illegally deprive others of their titles of honor, nor may they slander or disparage the honor of others.

If the honorary title obtained should be recorded but not recorded, the civil subject may request to record it; if the honorary title obtained is recorded incorrectly, the civil subject may request to correct it.

Chapter VI Privacy and Protection of Personal Information

Article 132 Natural persons shall enjoy the right to privacy. No organization or individual may infringe the privacy rights of others by spying, intruding, disclosing, disclosing, etc.

Privacy is a natural person's private life peace and do not want to be known to others private space, private activities, private information.

Article 1033 Except as otherwise provided by law or with the explicit consent of the right holder, no organization or individual may commit the following acts:

(I) intrude on the private life of others by means of telephone, SMS, instant messaging tools, e-mail, leaflets, etc;

(II) entering, shooting, peeping into other people's homes, hotel rooms and other private space;

(III) filming, peeping, eavesdropping, and disclosing other people's private activities;

(IV) photographing and peeping into the intimate parts of other people's body;

(V) handling other people's private information;

(VI) violate the privacy rights of others in other ways.

Article 1034 Personal information of natural persons shall be protected by law.

Personal information is a variety of information recorded electronically or otherwise that can identify a specific natural person alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, telephone number, electronic E-mail, health information, whereabouts information, etc.

The private information in personal information shall be subject to the provisions on privacy; if there are no provisions, the provisions on the protection of personal information shall apply.

Article 1035 The processing of personal information shall follow the principles of lawfulness, legitimacy and necessity, shall not be excessively processed, and shall meet the following conditions:

(I) obtain the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;

(II) rules for public processing of information;

(III) express the purpose, manner and scope of the processing of information;

The (IV) does not violate the provisions of laws, administrative regulations and the agreement of both parties.

The processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information.

Article 1036 Where the handling of personal information is under any of the following circumstances, the perpetrator shall not bear civil liability:

Acts reasonably carried out by the (I) within the scope of the consent of the natural person or his guardian;

(II) reasonably handle the information disclosed by the natural person himself or other information that has been legally disclosed, except that the natural person explicitly refuses or handles the information that infringes his or her major interests;

Other acts reasonably carried out by the (III) in order to safeguard the public interest or the legitimate rights and interests of the natural person.

Article 1037 A natural person may consult or copy his personal information from the information processor in accordance with the law; if the information is found to be wrong, he shall have the right to raise an objection and request that necessary measures such as correction be taken in a timely manner.

If a natural person discovers that an information processor handles his or her personal information in violation of the provisions of laws or administrative regulations or the agreement between the two parties, he or she shall have the right to request the information processor to delete it in time.

Article 1038 Information processors shall not disclose or tamper with the personal information collected or stored by them; without the consent of a natural person, they shall not illegally provide their personal information to others, except where a specific individual cannot be identified after processing and cannot be recovered.

Information processors shall take technical measures and other necessary measures to ensure the safety of the personal information they collect and store, and prevent information leakage, tampering, or loss; where personal information leakage, tampering, or loss occurs or may occur, remedial measures shall be taken in a timely manner, and in accordance with regulations Notify natural persons and report to relevant competent authorities.

Article 1039 State organs, statutory bodies undertaking administrative functions and their staff shall keep confidential the private and personal information of natural persons known in the course of performing their duties, and shall not disclose or illegally provide it to others.

Part V Marriage and Family

Chapter I General Provisions

Article 1,040 This Part regulates civil relations arising from marriage and family.

Article 1041 Marriage and family shall be protected by the State.

The marriage system of freedom of marriage, monogamy and equality between men and women shall be implemented.

Protect the legitimate rights and interests of women, minors, the elderly and the disabled.

Article 1042. Marriage arranged, buying and selling, and other acts that interfere with the freedom of marriage shall be prohibited. It is forbidden to solicit property by marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Domestic violence is prohibited. Abuse and abandonment by 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.

Husband and wife should be faithful to each other, respect each other and care for each other; family members should respect the old and love the young, help each other, and maintain equal, harmonious and civilized marriage and family relations.

Article 1044 Adoption shall follow the principle of being in the best interest of the adoptee and protect the lawful rights and interests of the adoptee and the adopter.

It is prohibited to buy or sell minors in the name of adoption.

Article 1045 Relatives include spouses, blood relatives and in-laws.

Spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren are close relatives.

Spouses, parents, children and other close relatives living together are family members.

Chapter II Marriage

Article 1046 Marriage shall be of the complete free will of both the man and the woman. It is forbidden for either party to coerce the other party and for any organization or individual to interfere.

Article 1047 The age of marriage shall not be earlier than 22 for men and 20 for women.

Article 1048 Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.

Article 1049 Both a man and a woman who are required to get married shall apply in person to the marriage registration office for marriage registration. Those who comply with the provisions of this Law shall be registered and issued marriage certificates. Completion of marriage registration, namely the establishment of marriage. If the marriage has not been registered, the registration shall be made up.

Article 1,050 After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

(I) bigamy;

(II) have a kinship that prohibits marriage;

(III) under the legal age of marriage.

Article 1052 Where a marriage is married under duress, the coerced party may apply to the people's court for the annulment of the marriage.

A request for annulment of a marriage shall be made within one year from the date of termination of the act of coercion.

If a party whose personal freedom has been illegally restricted requests the annulment of the marriage, it shall be submitted within one year from the date of restoration of personal freedom.

Article 1053 If one party suffers from a serious illness, it shall truthfully inform the other party before the marriage registration; if it fails to do so, the other party may request the people's court to cancel the marriage.

A request for annulment of a marriage shall be made within one year from the date on which the cause of the annulment 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. The property acquired during the period of cohabitation shall be disposed of by agreement between the parties; if the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the no-fault party. The disposition of the property of an invalid marriage resulting from bigamy shall not infringe upon the property rights and interests of the parties to the lawful marriage. The provisions of this Law on children of parents shall apply to the children born to the parties.

If the marriage is invalid or annulled, the party without fault shall have the right to claim damages.

Chapter III Family Relations

Section 1 Relationship between husband and wife

Article 1055 Husband and wife shall have equal status in marriage and family.

Article 1056 Both husband and wife have the right to use their own names.

Article 1057 Both husband and wife shall have the freedom to participate in production, work, study and social activities, and one party shall not restrict or interfere with the other party.

Article 1058 Both husband and wife shall equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligations of raising, educating and protecting their minor children.

Article 1059 Husband and wife shall have the duty to support each other.

The party in need of maintenance shall have the right to require the payment of maintenance if the other party fails to perform its maintenance obligations.

Article 1060 A civil juristic act performed by one of the spouses due to the daily needs of the family shall be effective for both spouses, unless one of the spouses and the counterparty agree otherwise.

Restrictions between husband and wife on the scope of civil juristic acts that may be performed by one party shall not be used against a bona fide counterpart.

Article 1061 Husband and wife shall have the right to inherit from each other.

Article 1062 The following property acquired by husband and wife during the existence of their marriage relationship shall be the common property of husband and wife and shall be jointly owned by them:

(I) wages, bonuses and remuneration for labor services;

Income from (II) production, operation and investment;

Proceeds from the (III) of intellectual property rights;

Property inherited or donated by the (IV), except as provided in Item 3 of Article 1063 of this Law;

(V) other property which shall be jointly owned.

Husband and wife have equal rights to dispose of common property.

Article 1063 The following property shall be the personal property of one spouse:

Premarital property of the (I) party;

Compensation or compensation for personal injury suffered by the (II) party;

(III) property identified in a will or contract of gift as belonging only to one party;

Articles for daily use of the (IV) party;

(V) other property that should be vested in a party.

Article 1064 Debts incurred by the husband and wife in their joint signature or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name during the marriage for the daily needs of the family, shall be joint debts of the husband and wife.

The debt incurred by one of the spouses in the name of the individual during the marriage that exceeds the daily needs of the family does not belong to the joint debt of the husband and wife; however, the creditor can prove that the debt is used for the joint life of the husband and wife, joint production and operation, or on the basis of the joint intention of the husband and wife.

Article 1065 A man and a woman may agree that the property acquired during the marriage and the pre-marital property shall be owned by each other, jointly or partly owned by each other or partly jointly owned. The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply.

The agreement between the husband and wife on the property acquired during the marriage and the pre-marital property shall be legally binding on both parties.

The husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts incurred by the husband or wife to the outside world shall be paid off with the personal property of the husband or wife if the relative knows the agreement.

Article 1066 During the existence of a marital relationship, under any of the following circumstances, one of the spouses may apply to the people's court for the division of the common property:

One of the (I) parties has concealed, transferred, sold off, destroyed or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, which seriously damages the interests of the joint property of the husband and wife;

(II) a person with a legal maintenance obligation suffers from a major illness and needs medical treatment, the other party does not agree to pay the relevant medical expenses.

Section 2 Relationship between parents and children and other close relatives

Article 1067 Where parents fail to perform their duty of raising children, children who are under age or who are adults unable to live independently shall have the right to demand that their parents pay maintenance.

If an adult child fails to perform the obligation of maintenance, the parent who lacks the ability to work or has difficulties in making a living shall have the right to require the adult child to pay alimony.

Article 1068 Parents shall have the right and duty to educate and protect their minor children. If a minor child causes damage to others, the parents shall bear civil liability in accordance with the law.

Article 1069 Children shall respect the marital rights of their parents and shall not interfere in their parents' divorce, remarriage or post-marital life. The obligation of a child to support his or her parents shall not be terminated by a change in the marital relationship of his or her parents.

Article 1,070 Parents and children shall have the right to inherit from each other.

Article 1071 Children born out of wedlock shall enjoy the same rights as children born in wedlock, and no organization or individual may endanger or discriminate against them.

The natural father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of a minor child or an adult child who is unable to live independently.

Article 1072 No maltreatment or discrimination shall be allowed between stepparents and stepchildren.

The provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

Article 1073 If there is any objection to the parent-child relationship and there are justifiable reasons, the father or mother may bring a lawsuit to the people's court to request confirmation or denial of the parent-child relationship.

If there are objections to the parent-child relationship and there are justifiable reasons, the adult child may file a lawsuit with the people's court to request confirmation of the parent-child relationship.

Article 1074 Grandparents or maternal grandparents who can afford it shall have the obligation to support their minor grandchildren or maternal grandchildren whose parents are dead or whose parents are unable to support them.

Grandchildren and maternal grandchildren who can afford it shall have the obligation to support their grandparents and maternal grandparents whose children are dead or whose children are unable to support them.

Article 1075 Brothers and sisters who can afford it shall have the obligation to support minor brothers and sisters whose parents are dead or whose parents are unable to support them.

Younger brothers and sisters who are raised by brothers and sisters who can afford it have the obligation to support brothers and sisters who lack the ability to work and the source of income.

Chapter 4 Divorce

Article 1076 Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt settlement.

Article 1077 Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, it may withdraw the application for divorce registration to the marriage registration authority.

Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply in person to the marriage registration office for the issuance of a divorce certificate; if they fail to apply, the application for divorce registration shall be deemed to have been withdrawn.

Article 1078 If the marriage registration authority finds that the divorce is indeed voluntary and has reached a consensus on matters such as the upbringing of children, property and debt handling, it shall register and issue a divorce certificate.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit in a people's court.

In handling divorce cases, the people's court shall conduct mediation; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted.

Divorce shall be granted if mediation fails under any of the following circumstances:

(I) bigamy or cohabitation with another person;

(II) domestic violence or abuse or abandonment of family members;

(III) gambling, drug abuse and other bad habits do not change;

(IV) have been separated for two years due to emotional discord;

(V) other situations that lead to the breakdown of a couple's relationship.

If one party is declared missing and the other party files divorce proceedings, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and one party files divorce proceedings again, the divorce shall be granted.

Article 1080 The marriage relationship shall be dissolved after the divorce registration is completed or the divorce judgment or mediation statement becomes effective.

Article 1081 If the spouse of an active serviceman requests a divorce, the consent of the serviceman shall be obtained, except where one of the servicemen has made a major mistake.

Article 1082 A man may not file for divorce during pregnancy, within one year after childbirth or within six months after termination of pregnancy; however, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.

Article 1083 If, after divorce, a man and a woman voluntarily resume their marital relationship, they shall register their marriage again with the marriage registration office.

Article 1084 The relationship between parents and children shall not be eliminated by the divorce of the parents. After divorce, the children, whether raised directly by the father or mother, remain the children of both parents.

After divorce, parents still have the right and duty to raise, educate and protect their children.

After divorce, children under the age of two shall be directly supported by their mothers. If the parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall, in the light of the specific circumstances of both parties, make a judgment in accordance with the principle of being most beneficial to the minor child. If a child has reached the age of eight, his true will shall be respected.

Article 1085 If, after divorce, a child is directly raised by one party, the other party shall bear part or all of the maintenance. The amount of the expenses to be borne and the length of the period shall be agreed upon 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 shall not prevent the child from making, when necessary, a reasonable request to either parent for an amount exceeding the amount originally set in the agreement or judgment.

Article 1086 After divorce, the father or mother who does not directly raise the child shall have the right to visit the child, and the other party shall have the obligation to assist.

The manner and time for exercising the right to visit shall be agreed upon by the parties; if the agreement fails, the people's court shall make a judgment.

If a father's or mother's visit to a child is detrimental to the child's physical and mental health, the people's court shall suspend the visit in accordance with the 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 disposed of by agreement between the two parties; if the agreement fails, the people's court shall, in the light of the specific circumstances of the property, make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the no-fault party.

The rights and interests of the husband or wife in the household land contract management shall be protected in accordance with the law.

Article 1088 If one of the spouses is burdened with more obligations for raising children, caring for the elderly, assisting the other spouse in his work, etc., he shall have the right to request compensation from the other spouse at the time of divorce, and the other spouse shall pay compensation. The specific measures shall be agreed upon by both parties; if they fail to reach an agreement, the people's court shall make a judgment.

Article 1089 In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the common property is insufficient to pay off or the property belongs to each other, the two parties shall agree to pay off the debt; if the agreement fails, the people's court shall make a judgment.

Article 1090 At the time of divorce, if one party has difficulties in life, the other party who can afford it shall give appropriate help. The specific measures shall be agreed upon by both parties; if they fail to reach an agreement, the people's court shall make a judgment.

Article 1091 Where a divorce is caused by any of the following circumstances, the innocent party shall have the right to claim damages:

(I) bigamy;

(II) cohabitation with others;

(III) domestic violence;

(IV) abuse and abandonment of family members;

(V) have other major faults.

Article 1092 Where one of the spouses hides, transfers, sells off, destroys or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to encroach on the property of the other party, the party may be divided less or not in the division of the joint property of the husband and wife upon divorce. After the divorce, if the other party discovers the above-mentioned acts, he may file a lawsuit in the people's court, requesting another division of the joint property of the husband and wife.

Chapter V Adoption

Section 1 Establishment of Adoptive Relationship

Article 1093 The following minors may be adopted:

(I) orphans who have lost their parents;

(II) minors whose biological parents cannot be found;

(III) children whose biological parents have special difficulties and are unable to raise them.

Article 1094 The following individuals and organizations may be adopted as adopters:

(I) the guardians of orphans;

(II) child welfare institutions;

(III) biological parents who have special difficulties and are unable to raise their children.

Article 1095 If neither of the parents of a minor has full civil capacity and may seriously endanger the minor, the guardian of the minor may adopt him.

Article 1096 Where a guardian adopts an orphan, he shall obtain the consent of the person who has the obligation to support him. If the person with the obligation of support does not agree to the adoption and the guardian is unwilling to continue to perform the duties of guardianship, a guardian shall be determined in accordance with the provisions of Part 1 of this Law.

Article 1097 The parents who place out their children for adoption shall be adopted jointly by both parties. If one of the biological parents is unknown or cannot be found, it may be placed for adoption unilaterally.

Article 1098 An adopter shall meet the following conditions at the same time:

The (I) has no children or has only one child;

(II) the ability to raise, educate and protect the adoptee;

The (III) is not suffering from a disease that is medically considered inappropriate for adoption;

(IV) no criminal record that is detrimental to the healthy growth of the adoptee;

(V) over thirty years of age.

Article 1099 Adoption of children of collateral blood relatives of the same generation within three generations may be exempted from the restrictions stipulated in Item 3 of Article 1093, Item 3 of Article 1094 and Article 102 of this Law.

The adoption of a child by an overseas Chinese who is a collateral blood relative of the same generation within three generations may also be exempted from the restrictions provided for in Item 1 of Article 1098 of this Law.

Article 1100 An adopter without children may adopt two children; an adopter with children may adopt only one child.

Adoption of orphans, disabled minors or minors raised by child welfare institutions whose biological parents cannot be found may be exempted from the restrictions provided in the preceding paragraph and the first paragraph of Article 1098 of this Law.

Article 101 Adoption of a child by a spouse shall be adopted jointly by the husband and wife.

Article 102 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 old.

Article 103 A stepfather or stepmother may adopt a stepchild with the consent of the stepchild's biological parents, and may not be subject to the restrictions provided for in paragraph 3 of Article 1093, paragraph 3 of Article 1094, paragraph 3 of Article 1098 and paragraph 1 of Article 1100 of this Law.

Article 104 Adoption by an adopter and placement by a person placing out a foster home shall be of mutual free will. Adoption of a minor over the age of eight shall obtain the consent of the adoptee.

Article 105 Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoptive relationship is established from the date of registration.

If the adoption of minors whose biological parents cannot be found, the civil affairs department that handles the registration shall make a public announcement before registration.

If the parties to the adoptive relationship are willing to sign an adoption agreement, they may sign an adoption agreement.

If each party or one of the parties to the adoption relationship requests for adoption notarization, the adoption shall be notarized.

The civil affairs department of the people's government at or above the county level shall conduct adoption assessment according to law.

Article 106 After the adoption relationship is established, the public security organ shall register the adoptee in accordance with the relevant provisions of the State.

Article 107 Orphans or children whose biological parents are unable to raise them may be raised by relatives or friends of the biological parents; the provisions of this chapter shall not apply to the relationship between the dependents and the dependents.

Article 108 If one spouse dies and the other spouse puts out minor children for adoption, the parents of the deceased spouse shall have the right to give priority to the upbringing.

Article 109 Aliens may adopt children in the People's Republic of China according to law.

The adoption of a child by a foreigner in the People's Republic of China shall be subject to the examination and consent of the competent authorities of the country where the foreigner is located in accordance with the laws of that country. The adopter shall provide certification materials on his age, marriage, occupation, property, health, whether he has received criminal punishment, etc. issued by the competent agency of the country where he is located, and sign a written agreement with the adopter, and personally report to the province, autonomous region, and The civil affairs department of the people's government of the municipality directly under the Central Government is registered.

The certification materials specified in the preceding paragraph shall be certified by the diplomatic agency or an agency authorized by the diplomatic agency of the country where the adopter is located, and by the the People's Republic of China embassy or consulate in that country, unless otherwise provided by the state.

Article 110 Where the adopter or the person sending out the adoption requests to keep the secret of the adoption, other persons shall respect their wishes and shall not disclose them.

Section 2 Effect of Adoption

Article 111 From the date of establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adopted children; the rights and obligations between adopted children and close relatives of adoptive parents shall apply to the relationship of rights and obligations between adopted children and close relatives of adoptive parents.

The relationship of rights and obligations between an adopted child and his or her biological parents and other close relatives shall be eliminated by the establishment of the adoption relationship.

Article 112 An adopted child may adopt the surname of his adoptive father or mother, or retain the original surname after the parties have reached a consensus through consultation.

Article 1113 Where there are provisions of Part 1 of this Law on the invalidity of civil juristic acts or where an act of adoption in violation of the provisions of this Part is invalid.

An invalid adoption is not legally binding from the beginning.

Section 3 Dissolution of Adoptive Relationship

Article 114 The adopter shall not dissolve the adoptive relationship before the adoptee reaches the age of majority, unless the adopter and the adopter agree to dissolve it. If an adopted child is eight years of age or older, his or her consent shall be obtained.

If the adopter fails to perform the duty of raising the adopted child, maltreats, abandons or other acts that infringe upon the legitimate rights and interests of the minor adopted child, the adopter shall have the right to demand the dissolution of the adoption relationship between the adoptive parents and the adopted child. If the person placing out for adoption or the adopter is unable to reach an agreement on the dissolution of the adoptive relationship, he or she may bring a suit in a people's court.

Article 115 If the relationship between adoptive parents and adult adopted children deteriorates and they are unable to live together, the adoptive relationship may be dissolved by agreement. If no agreement can be reached, a lawsuit may be filed in a people's court.

Article 116 Where the parties agree to dissolve the adoptive relationship, they shall register the dissolution of the adoptive relationship with the civil affairs department.

Article 117 Upon the dissolution of the adoptive relationship, the relationship of rights and obligations between the adopted child and the adoptive parents and other close relatives shall be eliminated, and the relationship of rights and obligations with the biological parents and other close relatives shall be restored on their own. However, the restoration of rights and obligations between adult adopted children and their biological parents and other close relatives can be determined through consultation.

Article 118 After the dissolution of the adoptive relationship, adult adopted children raised by adoptive parents shall be paid living expenses to those adoptive parents who lack the ability to work and the source of livelihood. If the adoptive relationship is terminated because the adopted child maltreats or abandons the adoptive parents after reaching adulthood, the adoptive parents may request the adopted child to compensate for the maintenance expenses incurred during the adoption period.

If the biological parents request the dissolution of the adoptive relationship, the adoptive parents may request the biological parents to appropriately compensate the maintenance expenses incurred during the adoption period; however, the adoptive relationship is terminated due to the maltreatment or abandonment of the adopted child by the adoptive parents.

Part VI Inheritance

Chapter I General Provisions

Article 119 This Part adjusts civil relations arising from inheritance.

Article 1,120 The State protects the right of inheritance of natural persons.

Article 121 Inheritance begins at the death of the decedent.

If several persons who have an inheritance relationship with each other die in the same event and it is difficult to determine the time of death, it is presumed that the person without other heirs died first. All have other heirs. If the seniority is different, the elder is presumed to die first. If the seniority is the same, it is presumed to die at the same time and there is no inheritance from each other.

Article 122 An estate is the lawful property of an individual left behind at the death of a natural person.

Inheritance may not be inherited in accordance with the provisions of the law or in accordance with its nature.

Article 1123 After the commencement of succession, it shall be handled in accordance with legal succession; if there is a will, it shall be handled in accordance with testamentary succession or bequest; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.

Article 124 If, after the commencement of succession, the heir renounces the succession, he shall, before the disposition of the estate, make a written declaration of renunciation of the succession; if there is no such declaration, the succession shall be deemed to be accepted.

The bequestee shall, within 60 days after knowing the bequest, make a representation of acceptance or abandonment of the bequest.

Article 125 A successor shall lose his right of inheritance if he commits any of the following acts:

(I) intentionally kill the decedent;

(II) the killing of other heirs to fight for their inheritance;

(III) abandons the decedent, or maltreats the decedent in serious circumstances;

(IV) forges, falsifies, conceals or destroys a will, if the circumstances are serious;

(V) force or obstruct the decedent to establish, change or withdraw a will by fraud or coercion, if the circumstances are serious.

If the heir has committed acts in items 3 to 5 of the preceding paragraph and shows true repentance, and the decedent expresses forgiveness or later lists him as heir in his will, the heir shall not lose the right of inheritance.

If the bequestee commits the acts specified in the first paragraph of this article, he shall lose the right to bequeath.

Chapter II Statutory Succession

Article 126 The right to inheritance is equal between men and women.

Article 1127 Inheritance shall be in the following order:

(I) first order: spouse, children, parents;

(II) the second order: siblings, grandparents, grandparents.

After the inheritance begins, the first-order heirs inherit, and the second-order heirs do not inherit; if there is no first-order heirs, the second-order heirs inherit.

The term "children" in this Part includes children born in wedlock, children born out of wedlock, adopted children and step-children who are dependent.

The term "parents" in this part includes biological parents, adoptive parents and step-parents who have a dependency relationship.

The term "brothers and sisters" in this part includes brothers and sisters with the same parents, half-brothers and sisters with the same father or half-brothers and sisters, adopted brothers and sisters, and step-brothers and sisters who have a dependency relationship.

Article 128 If the children of the decedent die before the decedent, they shall be inherited by subrogation by the lineal blood relatives of the children of the decedent.

If the siblings of the decedent die before the decedent, the children of the siblings of the decedent shall inherit in subrogation.

A subrogation heir can generally only inherit the share of the estate that the subrogation heir is entitled to inherit.

Article 1,129 A widowed daughter-in-law who has fulfilled his duty of primary support to her parents-in-law, or a widowed son-in-law to her parents-in-law, shall be the first-order heir.

Article 130 The share of inheritance of heirs in the same order shall generally be equal.

The heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

The heirs who have performed the main maintenance obligations to the decedent or who live with the decedent may be divided more when distributing the estate.

If the heirs who have the ability to maintain and the conditions for maintenance do not fulfill the obligation of maintenance, the distribution of the estate shall be divided separately or less.

If the heirs agree through consultation, it may also be unequal.

Article 1,191 Appropriate inheritance may be distributed to persons other than the heir who are dependent on the decedent for their support, or to persons other than the heir who have more support for the decedent.

Article 132 Successors shall negotiate and deal with succession issues in the spirit of mutual understanding and accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; if the consultation fails, the people's mediation committee may mediate or file a lawsuit in a people's court.

Chapter III Testamentary Succession and Legacy

Article 133 A natural person may, in accordance with this Law, make a will to dispose of his personal property and may appoint an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to give his personal property to an organization or individual other than the state, a collective or a legal heir.

A natural person may establish a testamentary trust in accordance with the law.

Article 1,134 A self-written will shall be written and signed by the testator, indicating the year, month and day.

Article 1,135 A proxy will shall be witnessed in the presence of two or more witnesses, one of whom shall be the proxy, and shall be signed by the testator, the proxy and other witnesses, indicating the year, month and day.

Article 1,136 The printing of a will shall be witnessed by more than two witnesses. The testator and the witness shall sign each page of the will, indicating the year, month and day.

Article 1,137 A will made in the form of a sound recording shall be witnessed by two or more witnesses. The testator and the witness shall record their name or portrait, as well as the year, month and day in the audio and video recording.

Article 138 A testator may, in a critical situation, make an oral will. An oral will shall be witnessed by two or more witnesses. If the testator is able to make a will in writing or in the form of audio or video recordings after the elimination of the critical situation, the oral will made shall be null and void.

Article 139 A notarized will shall be handled by the testator through a notary public.

Article 1,140 The following persons shall not be witnesses to a will:

(I) persons with no capacity for civil conduct, persons with limited capacity for civil conduct and other persons who do not have the capacity to witness;

(II) heirs and legatees;

(III) a person who has an interest in the heir or bequestee.

Article 141 A will shall reserve the necessary share of the estate for heirs who lack the ability to work and have no source of income.

Article 1142 A testator may withdraw or change the will he has made.

After making a will, if the testator performs a civil legal act contrary to the content of the will, it shall be regarded as a withdrawal of the relevant content of the will.

If there are several wills, the contents of which conflict, the last will and testament shall prevail.

Article 143 A will made by a person with no capacity for civil conduct or a person with limited capacity for civil conduct shall be null and void.

A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.

A forged will is invalid.

If the will is tampered with, the tampered content is invalid.

Article 1,144 Where an obligation is attached to a testamentary succession or bequest, the heir or bequestee shall perform the obligation. If a party fails to perform its obligations without justifiable reasons, the people's court may, at the request of the interested party or relevant organization, cancel its right to accept the part of the estate with obligations.

Chapter IV Treatment of Heritage

Article 145 After the commencement of succession, the executor of the will shall be the administrator of the estate; if there is no executor of the will, the heir shall promptly elect the administrator of the estate; if the heir is not elected, the heir shall jointly act as the administrator of the estate; if there is no heir or the heir gives up inheritance, the civil affairs department or the villagers' committee of the place where the decedent lived shall act shall act as the administrator.

Article 1,146 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 1,147 The administrator shall perform the following duties:

(I) cleaning up the heritage and making an inventory of the heritage;

(II) report the estate to the heirs;

(III) take necessary measures to prevent the damage and loss of the heritage;

(IV) handling the claims and debts of the decedent;

The (V) divides his estate in accordance with a will or in accordance with the provisions of the law;

(VI) perform other acts necessary in connection with the management of the estate.

Article 1,148 An estate administrator shall perform its duties in accordance with the law and shall bear civil liability if it causes damage to the heirs, legatees or creditors due to intentional or gross negligence.

Article 1,149 The administrator of the estate may receive remuneration in accordance with the provisions of the law or in accordance with the agreement.

Article 1,150 After the commencement of succession, the heir who knows of the death of the decedent shall promptly notify the other heirs and the executor. If no one among the heirs knows the death of the decedent or knows the death of the decedent and cannot notify him, the unit to which the decedent belongs or the residents committee or villagers committee of the place of domicile shall be responsible for notifying him.

Article 151 A person who has an estate in his possession shall take good care of the estate, and no organization or individual may embezzle or contend for it.

Article 152 If, after the commencement of succession, the heir dies before the division of the estate and does not give up the inheritance, the estate that the heir shall inherit shall be transferred to his heir, unless otherwise arranged in the will.

Article 1,153 When the property jointly owned by the husband and wife is divided, except as agreed upon, half of the property jointly owned by the husband and wife shall first be divided into the spouse and the rest shall be the estate of the decedent.

If the estate is in the common property of the family, the property of others shall be divided first when the estate is divided.

Article 154 Under any of the following circumstances, the relevant part of the estate shall be handled in accordance with legal succession:

(I) the heir to the will to waive the inheritance or the legatee to waive the legacy;

(II) a testamentary heir loses his right of inheritance or a legatee loses his right of legacy;

(III) the will's successor or legatee dies or terminates before the testator;

(IV) the estate covered by the invalid part of the will;

(V) undisposed estate of a will.

Article 155 When an estate is divided, the share of inheritance of the fetus shall be retained. If the fetus is dead at the time of delivery, the retained share shall be handled in accordance with the legal inheritance.

Article 156 The division of an estate shall be conducive to the needs of production and life and shall not impair the utility of the estate.

Inheritances that are not suitable for division may be dealt with by means of discount, appropriate compensation or co-ownership.

Article 1,157 Where one spouse remarries after the death of the other spouse, he shall have the right to dispose of the inherited property, and no organization or individual may interfere.

Article 158 A natural person may enter into a legacy maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual assumes the obligation of the natural person to raise and bury the natural person and enjoys the right to bequeath.

Article 1,159 In the division of an estate, the taxes and debts payable by the decedent in accordance with the law shall be paid off; however, the necessary inheritance shall be reserved for the heir who lacks the ability to work and has no source of livelihood.

Article 160 Legacies inherited and bequeathed by no one shall belong to the State and shall be used for public welfare undertakings; if the deceased was a member of a collective ownership organization before his death, it shall belong to the collective ownership organization in which he belongs.

Article 1,161 The heir shall pay off the taxes and debts payable by the heir according to law to the extent of the actual value of the estate. Exceeding the actual value of the estate, the heirs voluntarily repay the amount, except for this limit.

If the heir renounces the inheritance, he may not be liable for the taxes and debts payable by the decedent in accordance with the law.

Article 1,162 The execution of a bequest shall not prevent the payment of taxes and debts payable by the bequestee in accordance with the law.

Article 1,163 Where there is both legal inheritance and testamentary inheritance or bequest, the legal heirs shall pay off the taxes and debts payable by the heirs in accordance with the law.

Part 7 Liability for Tort

Chapter I General Provisions

Article 1,164 This Part adjusts civil relations arising from infringement of civil rights and interests.

Article 165 If the perpetrator infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

If the perpetrator is presumed to be at fault in accordance with the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 1,166 If the perpetrator causes damage to the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, the law shall provide for tort liability, in accordance with its provisions.

Article 1,167 Where an infringing act endangers the personal and property safety of another person, the infringed shall have the right to request the infringer to bear tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly commit a tort and cause damage to others, they shall be jointly and severally liable.

Article 1,169 Whoever instigates or helps another person to commit a tort shall be jointly and severally liable with the perpetrator.

Whoever instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit a tort shall bear tort liability; if the guardian of the person with no capacity for civil conduct or a person with limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding liability.

Article 170 Where two or more persons commit acts endangering the personal or property safety of others, and the acts of one or more of them cause damage to others, and the specific infringer can be identified, the infringer shall bear the responsibility; if the specific infringer cannot be identified, the perpetrator shall bear joint and several liability.

Article 171 Where the tort committed by two or more persons respectively causes the same damage, and each person's tort is sufficient to cause all the damage, the perpetrator shall be jointly and severally liable.

Article 172 Where two or more persons separately commit a tort causing the same damage and are able to determine the magnitude of liability, they each bear the corresponding liability; where it is difficult to determine the magnitude of liability, they bear the same liability.

Article 1,173 If the infringed party is at fault for the occurrence or extension of the same damage, the infringer's liability may be reduced.

Article 174 The perpetrator shall not be liable for the damage caused intentionally by the victim.

Article 175 If the damage is caused by a third party, the third party shall bear tort liability.

Article 1,176 If the victim voluntarily participates in a cultural and sports activity with a certain risk and suffers damage as a result of the conduct of other participants, the victim shall not request the other participants to bear tort liability; however, the other participants have intentional or gross negligence in the occurrence of the damage..

The responsibilities of the organizer of the event shall be governed by the provisions of Articles 1,198 to 1,202 of this Law.

Article 1177 Where the lawful rights and interests are infringed upon, the situation is urgent and cannot be protected by the state organs in a timely manner, and failure to take immediate measures will cause irreparable damage to their lawful rights and interests, the victim may, within the necessary scope of protecting his lawful rights and interests, take reasonable measures such as detaining the infringer's property; however, he shall immediately request the relevant state organs to deal with it.

If the victim has taken improper measures and caused damage to others, he shall bear tort liability.

Article 178 Where this Law and other laws provide otherwise for circumstances in which liability is not assumed or liability is mitigated, such provisions shall prevail.

Chapter II Compensation for Damages

Article 1,179 Where an infringement causes personal injury to another person, compensation shall be made for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., as well as the income reduced by the loss of work. If disability is caused, compensation shall also be paid for assistive devices and disability compensation; if death is caused, compensation shall also be paid for funeral expenses and death compensation.

Article 1,180 Where the same tort causes the death of multiple persons, the compensation for death may be determined in the same amount.

Article 181In the event of the death of the infringed, his close relatives shall have the right to request the infringer to bear tort liability. If the infringed person is an organization and the organization is divided or merged, the organization that inherits the rights has the right to request the infringer to bear tort liability.

In the event of the death of the infringed, the person who paid the medical expenses, funeral expenses and other reasonable expenses of the infringed shall have the right to claim compensation from the infringer, unless the infringer has already paid such expenses.

Article 182 Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringer or the benefits obtained by the infringer; the losses suffered by the infringer and the benefits obtained by the infringer are difficult to determine, if the infringer and the infringer do not agree on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.

Article 1,183 Where the infringement of the personal rights and interests of a natural person causes serious mental damage, the infringed shall have the right to claim compensation for mental damage.

If serious mental damage is caused by intentional or gross negligence infringement of a natural person's personal significance, the infringed party has the right to claim compensation for mental damage.

Article 1,184 Where the property of another person is infringed, the loss of property shall be calculated in accordance with the market price at the time of the loss or by other reasonable means.

Article 1,185 Where the intellectual property rights of others are intentionally infringed, and the circumstances are serious, the infringed shall have the right to claim corresponding punitive damages.

Article 1,186 If neither the victim nor the perpetrator is at fault for the occurrence of the damage, the loss shall be shared by both parties in accordance with the provisions of the law.

Article 1,187 After the damage has occurred, the parties may negotiate the method of payment of compensation costs. If there is no agreement through consultation, the compensation fee shall be paid in one lump sum; if it is really difficult to pay in one lump sum, it may be paid in installments, but the infringed has the right to request the corresponding guarantee.

Chapter III Special Provisions on the Subject of Responsibility

Article 1,188 Where a person without civil capacity or a person with limited civil capacity causes damage to another person, the guardian shall bear tort liability. If the guardian performs his duty of guardianship, his tort liability may be reduced.

If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to another person, he shall pay compensation from his own property.

Article 1,189 Where a person without civil capacity or a person with limited civil capacity causes damage to another person and the guardian entrusts the duty of guardianship to another person, the guardian shall bear tort liability; if the trustee is at fault, he shall bear the corresponding liability.

Article 190 If a person with full capacity for civil conduct is at fault for causing damage to others due to temporary lack of awareness or loss of control of his own conduct, he shall bear tort liability; if there is no fault, the victim shall be appropriately compensated according to the financial situation of the perpetrator.

If a person with full civil capacity causes damage to others due to his or her temporary lack of consciousness or loss of control over his or her own behavior due to drunkenness, abuse of narcotic drugs or psychotropic drugs, he or she shall bear tort liability.

Article 1,191 If a staff member of an employing unit causes damage to others due to the performance of his work tasks, the employing unit shall bear tort liability. After the employer has assumed tort liability, it may recover from the staff member who has committed intentional or gross negligence.

During the period of labor dispatch, if the dispatched staff cause damage to others due to the performance of their work tasks, the employing unit receiving the labor dispatch shall bear the tort liability; if the labor dispatch unit is at fault, it shall bear the corresponding liability.

Article 192 Where a labor relationship is formed between individuals and the party providing labor services causes damage to others as a result of the labor services, the party receiving the labor services shall bear tort liability. After the party receiving labor services has assumed tort liability, it may recover from the party providing labor services that has intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.

During the period of providing labor services, if the party providing labor services is damaged by the act of a third party, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request compensation from the party receiving labor services. After the party receiving the labor service has been compensated, it may recover the compensation from a third party.

Article 1,193 If the hiree causes damage to a third party or to himself in the course of completing the work, the hirer shall not be liable in tort. However, if the fixer is at fault for the order, instruction or selection, he shall bear the corresponding responsibility.

Article 1,194 Network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear tort liability. Where the law provides otherwise, such provisions shall prevail.

Article 195 Where a network user uses a network service to commit an infringement, the right holder shall have the right to notify the network service provider to take necessary measures such as deletion, blocking or disconnection. The notice shall include the preliminary evidence constituting the infringement and the true identity information of the right holder.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network user, and take necessary measures according to the preliminary evidence and service type of infringement; if it fails to take necessary measures in time, it shall be jointly and severally liable for the expanded part of the damage with the network user.

If the right holder causes damage to the network user or network service provider due to the wrong notice, he shall bear the tort liability. Where the law provides otherwise, such provisions shall prevail.

Article 1,196 After receiving the notice of forwarding, the network user may submit to the network service provider a statement that there is no infringement. The declaration shall include preliminary evidence of non-infringement and the true identity information of the network user.

After receiving the statement, the network service provider shall forward the statement to the right holder who issued the notice, and inform it that it can complain to the relevant department or file a lawsuit in the people's court. If the network service provider does not receive a notice that the right holder has filed a complaint or filed a lawsuit within a reasonable period of time after the transfer statement reaches the right holder, it shall promptly terminate the measures taken.

Article 1,197 If a network service provider knows or should know that a network user uses its network service to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network user.

Article 1,198 Operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other places of business or public places, or organizers of mass activities, who fail to fulfill their security obligations and cause damage to others, shall bear tort liability.

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 safety guarantee obligation, it shall bear the corresponding supplementary liability. After the operator, manager or organizer has assumed supplementary liability, it may recover compensation from a third party.

Article 199 Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; however, those who can prove that they have fulfilled their duties in education and management shall not bear tort liability.

Article 1200 If a person with limited capacity for civil conduct suffers personal injury during his study or life in a school or other educational institution, and the school or other educational institution fails to perform its educational and administrative duties, he shall bear tort liability.

Article 1001 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury to a third person other than a kindergarten, school or other educational institution during his study or life in a kindergarten, school or other educational institution, the third person shall bear tort liability; if a kindergarten, school or other educational institution fails to fulfill its management duties, it shall bear corresponding supplementary liability. After a kindergarten, school or other institution of education has assumed supplementary responsibility, it may have recourse against a third party.

Chapter IV Product Liability

Article 702 Where a defective product causes damage to another person, the producer shall bear tort liability.

Article 103 Where a defect in a product causes damage to another person, the infringed may claim compensation from the producer of the product or from the seller of the product.

If the product defect is caused by the producer, the seller shall have the right to recover from the producer after compensation. If the product is defective due to the seller's fault, the producer shall have the right to recover from the seller after paying compensation.

Article 124 Where a product is defective due to the fault of a third party such as a transporter or storekeeper, causing damage to others, the producer or seller of the product shall, after compensation, have the right to recover from the third party.

Article 105 Where a product defect endangers the personal and property safety of others, the infringed shall have the right to request the producer or seller to bear tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.

Article 106 If a product is found to be defective after it is put into circulation, the producer or seller shall promptly take remedial measures such as stopping sales, warning, recall, etc.; if the remedial measures are not taken in time or the remedial measures are ineffective and cause the damage to expand, The expanded damage shall also be liable for tort liability.

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.

Article 127 Where a product is still produced or sold knowing that it is defective, or fails to take effective remedial measures in accordance with the provisions of the preceding article, causing death or serious health damage to others, the infringed has the right to request corresponding punitive damages.

Chapter V Liability for Motor Vehicle Traffic Accidents

Article 108 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 109 When the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the motor vehicle user shall bear the compensation Liability; if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Article 120 Where a motor vehicle has been transferred and delivered by sale or other means between the parties but has not been registered, and damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

Article 1211 if a motor vehicle engaged in road transport business activities in the form of affiliation causes damage in a traffic accident, which belongs to the liability of one party of the motor vehicle, the affiliated person and the affiliated person shall bear joint and several liability.

Article 122 If the damage caused by a traffic accident caused by driving another person's motor vehicle without permission belongs to one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; if the owner or manager of the motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation, unless otherwise provided in this chapter.

Article 1213 If the damage caused by a traffic accident of a motor vehicle is the responsibility of the motor vehicle party, the insurer who underwrites the compulsory motor vehicle insurance shall first compensate within the scope of the compulsory insurance liability limit; the insufficient part shall be covered by The insurer of motor vehicle commercial insurance shall compensate in accordance with the agreement of the insurance contract; if the motor vehicle commercial insurance is still insufficient or has not been insured, the infringer shall compensate.

Article 144 Where a motor vehicle that has been assembled or has reached the standard for scrapping is transferred by sale or other means, and damage is caused by a traffic accident, the transferor and the transferee shall bear joint and several liability.

Article 1215 If a traffic accident occurs in a motor vehicle stolen, robbed or snatched, the thief, robber or robber shall be liable for compensation. If the thief, robber or robber and the motor vehicle user are not the same person, and the damage caused by a traffic accident belongs to the motor vehicle party, the thief, robber or robber and the motor vehicle user shall bear joint and several liability.

If the insurer advances the rescue expenses within the scope of the compulsory motor vehicle insurance liability limit, it shall have the right to recover from the person responsible for the traffic accident.

Article 1,216 If a motor vehicle driver escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the scope of the liability limit of compulsory motor vehicle insurance; if the motor vehicle is unknown, the motor vehicle does not participate in compulsory insurance or the rescue cost exceeds the liability limit of compulsory motor vehicle insurance, and it is necessary to pay the rescue and funeral expenses of the infringed person's personal injury or death, It shall be paid by the social assistance fund of road traffic accident. After the social assistance fund for road traffic accidents advances, its management agency has the right to recover from the person responsible for the traffic accident.

Article 1217 If a traffic accident of a non-operating motor vehicle causes damage to a free passenger, which is the responsibility of one party of the motor vehicle, the liability for compensation shall be reduced, except where the user of the motor vehicle has intentional or gross negligence.

Chapter VI Liability for Medical Damage

Article 118 If a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation.

Article 1219 Medical personnel shall explain the patient's condition and medical measures to the patient during the diagnosis and treatment activities. If surgery, special examination and special treatment are needed, the medical staff shall timely explain the medical risks and alternative medical schemes to the patients, and obtain their explicit consent; if it is impossible or inappropriate to explain to the patients, they shall explain to the close relatives of the patients and obtain their explicit consent.

If the medical staff fails to fulfill the obligations mentioned in the preceding paragraph and causes damage to the patient, the medical institution shall be liable for compensation.

Article 1220 If the opinions of the patient or his close relatives cannot be obtained due to emergency situations such as rescuing a dying patient, the corresponding medical measures may be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.

Article 1221 If medical personnel fail to fulfill their obligation of diagnosis and treatment corresponding to the medical level at that time in their diagnosis and treatment activities, thus causing damage to the patient, the medical institution shall be liable for compensation.

Article 1222 If a patient is damaged in the course of diagnosis and treatment and one of the following circumstances occurs, it is presumed that the medical institution is at fault:

(I) violation of laws, administrative regulations, rules and other relevant provisions of diagnosis and treatment standards;

(II) conceal or refuse to provide medical records related to the dispute;

(III) the loss, forgery, alteration or illegal destruction of medical records.

Article 1223 If a patient is damaged due to defects in drugs, disinfection products, medical devices, or the input of substandard blood, the patient may request compensation from the drug marketing license holder, producer, blood provider, or medical institution. If the patient requests compensation from the medical institution, the medical institution shall have the right to recover the compensation from the responsible drug marketing license holder, producer and blood provider.

Article 124 If a patient suffers damage in the course of diagnosis and treatment, the medical institution shall not be liable for compensation under any of the following circumstances:

(I) patients or their close relatives do not cooperate with medical institutions to carry out diagnosis and treatment in accordance with the standard of diagnosis and treatment;

(II) medical personnel have done their duty of reasonable diagnosis and treatment in emergency situations such as rescuing dying patients;

(III) limited to the medical level at that time, it was difficult to diagnose and treat.

In the case of the first paragraph of the preceding paragraph, if the medical institution or its medical personnel are also at fault, they shall bear the corresponding liability for compensation.

Article 1225 Medical institutions and their medical personnel shall fill in and properly keep medical records such as hospitalization records, medical orders, inspection reports, surgical and anesthesia records, pathological data, nursing records and other medical records in accordance with regulations.

If the patient requests to consult or copy the medical records specified in the preceding paragraph, the medical institution shall provide them in a timely manner.

Article 1226 Medical institutions and their medical personnel shall keep the privacy and personal information of patients confidential. Those who disclose the privacy and personal information of patients, or disclose their medical records without the consent of patients, shall bear tort liability.

Article 1227 Medical institutions and their medical personnel shall not carry out unnecessary examinations in violation of the norms of diagnosis and treatment.

Article 1228 The lawful rights and interests of medical institutions and their medical personnel shall be protected by law.

Those who interfere with the medical order, hinder the work and life of medical personnel, or infringe upon the legitimate rights and interests of medical personnel shall bear legal responsibility according to law.

Chapter VII Responsibility for Environmental Pollution and Ecological Damage

Article 1229 Where damage is caused to others by environmental pollution or ecological damage, the infringer shall bear tort liability.

Article 124 In the event of a dispute arising from environmental pollution or ecological damage, the perpetrator shall bear the burden of proof in respect of the circumstances under which liability is not assumed or mitigated by law and the absence of a causal relationship between the act and the damage.

Article 1231 If two or more infringers pollute the environment or damage the ecology, the magnitude of the responsibility shall be determined according to the type, concentration, and discharge of the pollutants, the manner, scope, and degree of damage to the ecology, and the damage caused by the behavior. Factors such as the effect of the consequences.

Article 1232 If the infringer intentionally pollutes the environment or damages the ecology in violation of the law and causes serious consequences, the infringed shall have the right to claim corresponding punitive damages.

Article 123 Where the environment is polluted or the ecology is damaged due to the fault of a third party, the infringed party may claim compensation from the infringer or the third party. After paying compensation, the infringer shall have the right of recourse against a third party.

Article 134 Where a violation of state regulations causes damage to the ecological environment and the ecological environment can be repaired, the state-prescribed agency or organization prescribed by law has the right to request the infringer to assume responsibility for the repair within a reasonable period of time. If the infringer fails to repair within the time limit, the organ prescribed by the state or the organization prescribed by law may repair it on its own or entrust others to repair it, and the expenses required shall be borne by the infringer.

Article 135 Where a violation of state regulations causes damage to the ecological environment, the state-prescribed agency or organization prescribed by law has the right to request the infringer to compensate for the following losses and expenses:

Losses caused by the loss of service functions during the period from the damage to the (I) ecological environment to the completion of restoration;

Losses caused by permanent damage to (II) ecological environment functions;

Expenses for investigation, appraisal and assessment of (III) ecological environment damage;

(IV) the cost of removing pollution and repairing the ecological environment;

Reasonable expenses incurred by the (V) to prevent the occurrence and expansion of the damage.

Chapter VIII Highly Dangerous Liability

Article 136 Whoever engages in highly dangerous operations and causes damage to others shall bear tort liability.

Article 1,237 If a nuclear accident occurs in a civil nuclear facility or nuclear material transported into or out of a nuclear facility and causes damage to others, the operating unit of the civil nuclear facility shall bear tort liability; however, if it can be proved that the damage was caused by war, armed conflict, riot or other circumstances or intentionally caused by the victim, it shall not be liable.

Article 138 Where a civil aircraft causes damage to another person, the operator of the civil aircraft shall bear tort liability; however, if it can be proved that the damage was caused intentionally by the victim, he shall not be liable.

Article 1239 Where the possession or use of flammable, explosive, highly toxic, highly radioactive, highly corrosive, highly pathogenic and other highly dangerous substances causes damage to others, the possessor or user shall bear tort liability; however, if it can be proved that the damage was caused by the victim intentionally or by force majeure, he shall not be liable. If the infringed party is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.

Article 140 Where a person engages in high-altitude, high-pressure, underground excavation activities or uses high-speed rail transport to cause damage to others, the operator shall bear tort liability; however, if it can be proved that the damage was caused by the victim intentionally or by force majeure, he shall not be liable. If the infringed is grossly negligent in the occurrence of the damage, the liability of the operator may be reduced.

Article 1241 If the loss or abandonment of highly dangerous goods causes damage to others, the owner shall bear tort liability. If the owner hands over the highly dangerous goods to others for management, the administrator shall bear the tort liability; if the owner is at fault, he shall bear joint and several liability with the administrator.

Article 1242 If the illegal possession of highly dangerous goods causes damage to others, the illegal possessor shall bear tort liability. If the owner or manager cannot prove that he has exercised a high degree of care to prevent illegal possession, he shall be jointly and severally liable with the illegal possessor.

Article 1243 If an unauthorized entry into a highly hazardous activity area or a highly hazardous material storage area is damaged, the administrator can prove that adequate safety measures have been taken and full warning obligations have been fulfilled, the liability may be reduced or not.

Article 144 Where a person is liable for a high degree of danger and the law provides for a limit of compensation, the provisions of that limit shall be followed, except where the perpetrator has intentional or gross negligence.

Chapter IX Liability for Damage Caused by Raising Animals

Article 1245 Where a raised animal causes damage to another person, the animal keeper or manager shall bear tort liability; however, if it can be proved that the damage was caused by the intentional or gross negligence of the infringed, the liability may be withheld or reduced.

Article 1246 If anyone, in violation of the administrative regulations, fails to take safety measures against animals and causes damage to others, the animal keeper or manager shall bear tort liability; however, if it can be proved that the damage was intentionally caused by the infringed, the liability may be reduced.

Article 1247 Where dangerous animals such as strong dogs that are prohibited from raising cause damage to others, the animal keeper or manager shall bear tort liability.

Article 1248 Where animals in a zoo cause damage to others, the zoo shall bear tort liability; however, if it can prove that it has fulfilled its management duties, it shall not bear tort liability.

Article 1249 Where an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original keeper or manager of the animal shall bear tort liability.

Article 1,250 Where an animal causes damage to another person due to the fault of a third party, the infringed party may request compensation from the animal keeper or manager, or may request compensation from the third party. After paying compensation, the animal keeper or manager shall have the right of recourse against a third party.

Article 1251 Raising animals shall abide by laws and regulations, respect social ethics, and shall not interfere with the lives of others.

Chapter X Liability for Damage to Buildings and Objects

Article 1252 Where the collapse or collapse of buildings, structures or other facilities causes damage to others, the construction unit and the construction unit shall bear joint and several liability, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit and the construction unit have made compensation, if there are other responsible persons, they shall have the right to recover compensation from other responsible persons.

If the collapse or collapse of a building, structure or other facility causes damage to others due to the owner, manager, user or third party, the owner, manager, user or third party shall bear tort liability.

Article 1253 If a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user has paid compensation, if there are other responsible persons, they shall have the right to recover compensation from the other responsible persons.

Article 1254 Throwing of objects from buildings is prohibited. If an article is thrown from a building or an article falling from a building causes 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, unless it can be proved that he is not the infringer, the user of the building who may cause the harm shall give compensation. The user of the building who may have caused the damage shall have the right to recover the compensation from the infringer.

Building managers such as property service enterprises shall take necessary safety measures to prevent the occurrence of the circumstances specified in the preceding paragraph; if they fail to take necessary safety measures, they shall bear tort liability for failure to perform their safety guarantee obligations in accordance with the law.

In the event of the occurrence of the circumstances specified in the first paragraph of this article, the public security and other organs shall promptly investigate and identify the responsible persons in accordance with the law.

Article 1255 If the stacking object collapses, rolls or slips and causes damage to others, and the stacking person cannot prove that he is not at fault, he shall bear tort liability.

Article 1256 Where objects that obstruct passage are piled up, dumped or scattered on public roads and cause damage to others, the perpetrator shall bear tort liability. If the public road manager cannot prove that he has fulfilled the obligations of cleaning, protection, warning, etc., he shall bear corresponding responsibilities.

Article 1257 If the owner or manager of a forest tree cannot prove that he is not at fault for causing damage to others due to the breaking, dumping or falling of fruit, he shall bear tort liability.

Article 1258 If excavation, repair and installation of underground facilities in public places or roads cause damage to others, and the construction person cannot prove that obvious signs have been set up and safety measures have been taken, he 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.

Supplementary Provisions

Article 1259 The terms "above", "below", "within" and "expiration" in the Civil Law include the present number; the terms "not satisfied", "exceeding" and "beyond" do not include the present number.

Article 1,260 This Law shall come into force as of January 1, 2021. The Marriage Law of the the People's Republic of China, the Law on Succession of the People's Republic of China, the General Principles of the People's Republic of China Civil Law, the Law on Adoption of the People's Republic of China, the Law on the People's Republic of China Guarantees, the Law on the People's Republic of China Contracts, the Law on the People's Republic of China Property Rights, the Law on the People's Republic of China Tort Liability, and the General Principles of the People's Republic of China Civil Law shall be repealed at the same time.