Order of the President of the People's Republic of China (No. 37, Sixth Session)
The "General Principles of the People's Republic of China and Civil Law" has been adopted by the People's Republic of China and the State Council Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986, it is hereby promulgated and shall come into effect on January 1, 1987.
Li Xiannian, Chairman of the People's Republic of China
April 12, 1986
General Principles of the People's Republic of China and Civil Law
(Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986, and promulgated by Order No. 37 of the President of the People's Republic of China on April 12, 1986, effective from January 1, 1987 Implementation)
Chapter 1 Basic Principles
Article 1 In order to protect the legitimate civil rights and interests of citizens and legal persons, correctly adjust civil relations and adapt to the needs of the development of socialist modernization, Based on the Constitution and the actual situation of our country, this law is formulated by summarizing the practical experience in civil activities.
Article 2 The People’s Republic of China and the Civil Law regulate the property relations and personal relations between citizens, between legal persons, and between citizens and legal persons who are equal subjects.
Article 3 The parties have equal status in civil activities.
Article 4 Civil activities shall follow the principles of voluntariness, fairness, equal compensation, and good faith.
Article 5 The legitimate civil rights and interests of citizens and legal persons are protected by law and may not be infringed upon by any organization or individual.
Article 6 Civil activities must abide by the law. If there are no provisions of the law, national policies must be observed.
Article 7 Civil activities shall respect social morality and shall not harm public interests, undermine national economic plans, or disrupt social and economic order.
Article 8 Civil activities within the territory of the People’s Republic of China shall be governed by the laws of the People’s Republic of China, unless otherwise provided by law.
The provisions of this Law on citizens shall apply to foreigners and stateless persons within the territory of the People's Republic of China, unless otherwise provided by law.
Chapter 2 Citizens (Natural Persons)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct
Article 9 Citizens from birth to death, Have the capacity for civil rights, enjoy civil rights and bear civil obligations in accordance with the law.
Article 10 All citizens have equal civil rights and abilities.
Article 11 Citizens over the age of 18 are adults, have full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.
Citizens who are over 16 years old but under 18 years old and rely on their own labor income as their main source of living are regarded as persons with full capacity for civil conduct.
Article 12 A minor over the age of ten is a person with limited capacity for civil conduct and may carry out civil activities commensurate with his age and intelligence; other civil activities shall be represented by his legal agent. or with the consent of his legal representative.
Minors under the age of ten are persons without capacity for civil conduct and shall be represented in civil activities by their legal representatives.
Article 13 A mentally ill person who cannot identify his own behavior is a person without capacity for civil conduct, and his legal agent shall act as agent for civil activities.
A mentally ill person who cannot fully recognize his own behavior is a person with limited capacity for civil conduct and can carry out civil activities consistent with his mental health condition; other civil activities are represented by his legal representative or by obtaining a legal representative. The consent of his legal representative.
Article 14 The guardian of a person without capacity for civil conduct or a person with limited capacity for civil conduct is his legal representative.
Article 15 A citizen shall use the place of residence where his household registration is located as his residence. If the place of habitual residence is inconsistent with the domicile, the place of habitual residence shall be deemed as the place of residence.
Section 2 Guardianship
Article 16 The parents of a minor are the guardians of the minor.
If the minor’s parents have died or have no guardianship capacity, the guardian shall be the guardian of the following persons:
(1) Grandparents;
(2) Brother or sister;
(3) Other close relatives and friends who are willing to assume the responsibility of guardianship, through the unit where the minor’s father or mother works or the minor’s residence with the consent of the residents committee and village committee.
If there is a dispute over the guardianship, the unit where the minor's father or mother works or the neighborhood committee or village committee of the minor's residence shall appoint the guardian among close relatives. If a lawsuit is filed against the designation, the decision shall be made by the People's Court.
If there is no guardian specified in paragraphs 1 and 2, the unit where the minor's parents work or the residents' committee, village committee or civil affairs department of the minor's residence shall serve as the guardian.
Article 17 For mentally ill patients who have no capacity for civil conduct or have limited capacity for civil conduct, the following persons shall serve as guardians:
(1) Spouse;
( 2) Parents;
(3) Adult children;
(4) Other close relatives;
(5) Other close relatives and friends willing to bear the responsibility Guardianship responsibility shall be subject to the consent of the mental patient's unit or the residents' committee or village committee of his or her residence.
If there is a dispute over the appointment of a guardian, the unit where the mental patient works or the residents' committee or village committee of the place of residence shall appoint the guardian among close relatives. If a lawsuit is filed against the designation, the decision shall be made by the People's Court.
If there is no guardian as stipulated in paragraph 1, the mentally ill person’s unit or residents’ committee, village committee or civil affairs department shall serve as the guardian.
Article 18: Guardians shall perform guardianship duties, protect the person, property and other legitimate rights and interests of the ward, and shall not deal with the ward's property except for the benefit of the ward.
Guardians perform guardianship rights in accordance with the law and are protected by law.
If a guardian fails to perform his guardianship duties or infringes upon the legitimate rights and interests of the ward, he shall bear responsibility; if he causes property damage to the ward, he shall compensate for the loss. The people's court may revoke the guardian's qualifications based on the application of the relevant person or unit.
Article 19 Interested parties of a mentally ill person may apply to the People's Court to declare the mentally ill person to be a person without capacity for civil conduct or a person with limited capacity for civil conduct.
If a person is declared by the people's court to be a person without capacity for civil conduct or a person with limited capacity for civil conduct, based on his health recovery status and upon application by the person or an interested party, the people's court may declare him to be a person with limited capacity for civil conduct. person or person with full capacity for civil conduct.
Section 3 Declaration of Missing Person and Declaration of Death
Article 20 If a citizen’s whereabouts have been unknown for two years, an interested party may apply to the People’s Court to declare him a missing person.
If a person's whereabouts are unknown during the war, the period of missing person's whereabouts shall be calculated from the end of the war.
Article 21 The property of a missing person shall be managed by his spouse, parents, adult children or other close relatives and friends. If there is a dispute over the custody, if there is no person specified above or the person specified above is incapable of taking custody, the person designated by the people's court shall take custody.
The taxes, debts and other expenses payable by the missing person shall be paid by the custodian from the missing person’s property.
Article 22 If a person who has been declared missing reappears or his whereabouts are confirmed, the people's court shall revoke the declaration of his disappearance upon application by the person himself or an interested party.
Article 23 If a citizen has any of the following circumstances, interested parties may apply to the People's Court to declare him dead:
(1) His whereabouts have been unknown for four years;
(2) The whereabouts are unknown due to an accident and two years have passed since the date of the accident.
If a person's whereabouts are unknown during the war, the period of his missing will be calculated from the end of the war.
Article 24 If a person who has been declared dead reappears or it is confirmed that he is not dead, the people's court shall revoke the declaration of his death upon application by him or an interested party.
Civil legal acts performed by a person with civil capacity during the period when he is declared dead are valid.
Article 25 A person whose death declaration has been revoked has the right to request the return of property. Citizens or organizations that acquire his property in accordance with the inheritance law shall return the original property; if the original property does not exist, appropriate compensation shall be given.
Section 4 Individual Industrial and Commercial Households and Rural Contracted Households
Article 26 Citizens who engage in industrial and commercial operations within the scope permitted by law and are approved and registered in accordance with the law shall be considered as individual Industrial and commercial households. Individual industrial and commercial households can set up a font size.
Article 27 Members of rural collective economic organizations who engage in commodity business in accordance with the provisions of the contract contract within the scope permitted by law are rural contract operating households.
Article 28 The legitimate rights and interests of individual industrial and commercial households and rural contract operators shall be protected by law.
Article 29: The debts of individual industrial and commercial households and rural contract operating households shall be borne by personal property if they are run by individuals; if they are run by families, they shall be borne by family property.
Section 5 Personal Partnership
Article 30: Personal partnership refers to two or more citizens who, in accordance with an agreement, each provide funds, physical objects, technology, etc., and engage in joint ventures and joint ventures. labor.
Article 31 Partners shall enter into a written agreement on matters such as the amount of capital contribution, profit distribution, debt assumption, entry into partnership, withdrawal from partnership, termination of partnership, etc.
Article 32 The property invested by the partners shall be managed and used uniformly by the partners.
The property accumulated by a partnership belongs to the partners.
Article 33: An individual partnership may establish a trade name, obtain approval and registration in accordance with the law, and engage in business within the approved and registered business scope.
Article 34 The business activities of an individual partnership shall be jointly decided by the partners, and the partners shall have the right to execute and supervise.
Partners can nominate the person in charge. All partners shall bear civil liability for the business activities of the partnership principal and other personnel.
Article 35: The partners shall be responsible for paying off the debts of a partnership with their respective properties in accordance with the proportion of capital contribution or as agreed in the agreement.
Partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. A partner who repays partnership debts in excess of his share shall have the right to seek repayment from other partners.
Chapter 3 Legal Persons
Section 1 General Provisions
Article 36 A legal person has the capacity for civil rights and civil conduct and independently enjoys civil rights and civil conduct in accordance with the law. Organizations that bear civil obligations.
The civil rights capacity and civil conduct capacity of a legal person arise from the establishment of the legal person and cease when the legal person terminates.
Article 37 A legal person shall meet the following conditions:
(1) Established in accordance with the law;
(2) Have necessary property or funds;
p>
(3) Have its own name, organizational structure and location;
(4) Be able to bear civil liability independently.
Article 38 In accordance with the provisions of the law or the articles of association of a legal person, the person in charge who exercises authority on behalf of the legal person is the legal representative of the legal person.
Article 39 A legal person shall be domiciled at the location of its main office.
Article 40 When a legal person is terminated, it shall be liquidated in accordance with the law and cease activities outside the scope of liquidation.
Section 2 Enterprise Legal Persons
Article 41 Enterprises owned by the whole people and collectively owned enterprises must have an amount of capital that complies with national regulations, have organizational articles, organizational structures and premises, and be able to be independent Bear civil liability, be approved and registered by the competent authority, and obtain legal person status.
Sino-foreign joint ventures, Sino-foreign contractual joint ventures and foreign-invested enterprises established within the territory of the People's Republic of China, if they meet the qualifications of legal persons, shall be approved and registered by the industrial and commercial administration authorities in accordance with the law, and obtain Chinese legal person qualifications .
Article 42: Enterprise legal persons shall engage in business within the approved and registered business scope.
Article 43 An enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff.
Article 44 If an enterprise legal person is divided, merged or has other important changes, it shall be registered with the registration authority and announced.
When an enterprise legal person is divided or merged, its rights and obligations will be enjoyed and borne by the changed legal person.
Article 45 An enterprise legal person is terminated due to one of the following reasons:
(1) Cancellation in accordance with the law;
(2) Dissolution;
(3) Declared bankrupt in accordance with the law;
(4) Other reasons.
Article 46 When an enterprise legal person is terminated, it shall apply for deregistration to the registration authority and make an announcement.
Article 47 When an enterprise legal person is dissolved, a liquidation organization shall be established to carry out liquidation. If an enterprise legal person is revoked or declared bankrupt, the competent authority or the people's court shall organize relevant agencies and relevant personnel to establish a liquidation organization and conduct liquidation.
Article 48 A legal person owned by the whole people shall bear civil liability with the property authorized by the state for its operation and management. Collectively owned enterprise legal persons shall bear civil liability with the property owned by the enterprise. Legal persons of Sino-foreign joint ventures, legal persons of Sino-foreign contractual joint ventures and legal persons of foreign-invested enterprises shall bear civil liability with the property owned by the enterprise, unless otherwise provided by law.
Article 49 If an enterprise legal person has any of the following circumstances, in addition to the legal person's liability, the legal representative may be given administrative sanctions and fines. If a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Engaging in illegal business beyond the business scope approved and registered by the registration authority;
(2) Concealing the true situation and committing fraud to the registration authority and tax authorities;
(3) Escape funds and conceal property to evade debts;
(4) Dispose of property without authorization after being dissolved, revoked, or declared bankrupt;
(5) Change and termination Failure to apply for registration and announcement in a timely manner, causing interested parties to suffer heavy losses;
(6) Engaging in other activities prohibited by law, harming national interests or the interests of the public.
Section 3 Legal Persons of Agencies, Public Institutions and Social Groups
Article 50 Agencies with independent funds shall have legal person status from the date of their establishment.
Public institutions and social groups that meet the qualifications of legal persons and do not need to register as legal persons according to law shall have legal person qualifications from the date of establishment; if they need to register as legal persons according to law, they shall obtain legal person qualifications upon approval and registration.
Section 4 Joint Venture
Article 51 Joint venture between enterprises or between enterprises and institutions to form a new economic entity, independently bear civil liability, and meet the conditions of a legal person , approved and registered by the competent authority, and obtained legal person status.
Article 52: If there is a joint operation between enterprises or between enterprises and institutions, and they operate jointly and do not meet the qualifications of legal persons, the parties to the joint operation shall use their respective capital in accordance with the proportion of capital contribution or as agreed in the agreement. All property owned or operated and managed shall bear civil liability. Those who bear joint and several liability in accordance with the provisions of the law or the agreement shall bear joint and several liability.
Article 53 If enterprises or enterprises or institutions jointly operate independently in accordance with the contract, their rights and obligations shall be stipulated in the contract, and each shall bear civil liability.
Chapter 4 Civil Legal Acts and Agency
Section 1 Civil Legal Acts
Article 54 Civil legal acts are the establishment and change of citizens or legal persons , the legal act of terminating civil rights and civil obligations.
Article 55 Civil legal acts shall meet the following conditions:
(1) The actor has the corresponding capacity for civil conduct;
(2) Meaning Represents truth;
(3) Does not violate the law or social public interests.
Article 56 Civil legal acts may be in written form, oral form or other forms. If the law stipulates the use of a specific form, the law shall be followed.
Article 57: Civil legal acts are legally binding from the time of their establishment. The actor shall not change or terminate the agreement without authorization unless required by law or with the consent of the other party.
Article 58 The following civil acts are invalid:
(1) Performed by persons without capacity for civil conduct;
(2) Persons with limited capacity for civil conduct It cannot be implemented independently in accordance with the law;
(3) One party uses fraud, coercion or takes advantage of others' danger to cause the other party to act against its true intention;
(4) Malice Collusion to harm the interests of the country, the collective or a third party;
(5) Violating the law or social welfare interests;
(6) Economic contracts violating national directives Planned;
(7) Covering illegal purposes in legal forms.
An invalid civil act has no legal binding force from the beginning of the act.
Article 59: For the following civil acts, one party has the right to request the people's court or arbitration agency to change or cancel them:
(1) The actor has a major misunderstanding of the content of the act;
(2) It is obviously unfair.
The revoked civil act shall be invalid from the beginning of the act.
Article 60 If part of a civil act is invalid and does not affect the validity of other parts, the other parts shall remain valid.
Article 61: After a civil act is confirmed to be invalid or revoked, the property obtained by the party as a result of the act shall be returned to the party that suffered the loss. The party at fault shall compensate the other party for the resulting losses. If both parties are at fault, they shall each bear corresponding responsibilities.
If both parties collude maliciously and perform civil acts to harm the interests of the state, the collective or a third party, the property acquired by both parties shall be recovered and returned to the state or collective or returned to the third party.
Article 62 A civil legal act may be subject to conditions, and a conditional civil legal act shall take effect when the attached conditions are met.
Section 2 Agency
Article 63 Citizens and legal persons may perform civil legal acts through agents.
The agent carries out civil legal acts in the name of the principal within the scope of agency authority. The principal shall bear civil liability for the agent's acts of agency.
According to legal provisions or in accordance with the agreement of both parties, civil legal acts that should be performed by the person himself shall not be represented by an agent.
Article 64 Agency includes entrusted agent, legal agent and designated agent.
The authorized agent shall exercise the power of agency in accordance with the entrustment of the principal, the legal agent shall exercise the power of agency in accordance with the provisions of the law, and the designated agent shall exercise the power of agency in accordance with the designation of the People's Court or a designated unit.
Article 65 The agency for civil legal acts may be in written form or verbally. If the law requires a written form, the written form shall be used.
A written power of attorney for an agent shall state the name of the agent, matters of agency, authority and period, and shall be signed or sealed by the principal.
If the authorization in the power of attorney is unclear, the principal shall bear civil liability to the third party, and the agent shall be jointly and severally liable.
Article 66 If there is no agency power, the agency power is exceeded, or the agency power is terminated, the principal will bear civil liability only after ratification by the principal. For acts that have not been ratified, the perpetrator shall bear civil liability. If I know that another person has committed a civil act in my name without denying it, it shall be deemed to be consent.
If the agent fails to perform his duties and causes damage to the principal, he shall bear civil liability.
If an agent colludes with a third party to harm the interests of the principal, the agent and the third party shall be jointly and severally liable.
If the third party knows that the actor has no agency authority, has exceeded the agency authority, or that the agency authority has been terminated, but still performs civil acts with the actor and causes damage to others, the third party and the actor shall bear joint and several liability.
Article 67: If the agent knows that the matters entrusted to him are illegal and still carries out agency activities, or if the principal knows that the agent’s agency behavior is illegal and does not express objection, the principal and the agent shall Bear joint liability.
Article 68 If the entrusted agent needs to entrust another person to act for the benefit of the principal, he must obtain the consent of the principal in advance. If the principal's consent has not been obtained in advance, the principal shall be promptly informed afterwards. If the principal does not agree, the agent shall bear civil liability for the actions of the person to whom he has entrusted the agent. However, in an emergency, in order to protect the principal, Except for entrusting another person to act for the benefit of another person.
Article 69: The agency shall be terminated under any of the following circumstances:
(1) The agency period expires or the agency affairs are completed;
(2) ) The principal cancels the entrustment or the agent resigns the entrustment;
(3) The agent dies;
(4) The agent loses his capacity for civil conduct;
(5) Termination of the legal person as principal or agent.
Article 70: The legal agent or designated agent shall be terminated under any of the following circumstances:
(1) The principal obtains or regains capacity for civil conduct;
(2) The principal or agent dies;
(3) The agent loses the capacity for civil conduct;
(4) The people's court or designated unit that designated the agent cancels the designation ;
(5) The guardianship relationship between the principal and the agent is eliminated due to other reasons.
Chapter 5 Civil Rights
Section 1 Property Ownership and Property Rights Related to Property Ownership
Article 71 Property ownership refers to the rights and interests of the owner in accordance with the law. Enjoy the rights to possess, use, benefit from and dispose of your own property.
Article 72 The acquisition of property ownership shall not violate legal provisions.
If property is acquired in accordance with a contract or other legal means, the ownership of the property will be transferred from the time the property is delivered, unless otherwise provided by law or otherwise agreed by the parties.
Article 73: State property belongs to the entire people.
State property is sacred and inviolable, and any organization or individual is prohibited from misappropriating, looting, privately dividing, intercepting, or destroying it.
Article 74 The property of a collective organization of the working people shall be collectively owned by the working people, including:
(1) Land, forests, mountains, grasslands, Wasteland, tidal flats, etc.;
(2) Property of collective economic organizations;
(3) Collectively owned buildings, reservoirs, farmland water conservancy facilities and education, science, culture, and health , sports and other facilities;
(4) Other collectively owned properties.
Collectively owned land is collectively owned by village farmers in accordance with the law and is operated and managed by agricultural collective economic organizations such as village agricultural production cooperatives or village committees. What is already owned by the township (town) farmer collective economic organization can be owned by the township (town) farmer collective.
Collectively owned property is protected by law, and any organization or individual is prohibited from misappropriating, looting, privately dividing, destroying, or illegally sealing, detaining, freezing, or confiscating it.
Article 75: Citizens’ personal property, including citizens’ lawful income, houses, savings, daily necessities, cultural relics, books and materials, forests, livestock, means of production and other legal property permitted by law to be owned by citizens .
Citizens’ legal property is protected by law, and any organization or individual is prohibited from misappropriating, looting, destroying, or illegally sealing, detaining, freezing, or confiscating it.
Article 76 Citizens shall enjoy the right to inherit property in accordance with the law.
Article 77 The legal property of social groups, including religious groups, shall be protected by law.
Article 78 Property may be owned by more than two citizens or legal persons.
***There are divided into ***by portions and ***with the same ***. According to shares, people have property rights and obligations to share property according to their respective shares. *** and *** have rights and obligations to ***'s property.
Each person who owns property in shares has the right to request that his or her share be divided or transferred. However, at the time of sale, other parties have the first right to purchase under the same conditions.
Article 79 Buried objects and hidden objects whose owner is unknown shall belong to the state. The receiving unit shall give praise or material rewards to the units or individuals who turn it over.
If a lost object, drifting object or strayed animal is found, it shall be returned to the owner, and the expenses incurred shall be reimbursed by the owner.
Article 80: State-owned land can be used by units owned by the whole people in accordance with the law, or can be used by units owned by collectives in accordance with the law. The state protects the right to use and benefit from it; the user unit has the right to manage and protect it. , the obligation to make reasonable use.
The contract management rights of citizens and collectives to collective-owned or state-owned land for collective use in accordance with the law are protected by law. The rights and obligations of both parties to the contract are stipulated in the contract in accordance with the law.
Land may not be bought, sold, leased, mortgaged or otherwise illegally transferred.
Article 81: Natural resources such as forests, mountains, grasslands, wastelands, tidal flats, and water surfaces owned by the state may be used by units owned by the whole people in accordance with the law, or may be used by units owned by collectives in accordance with the law. They are protected by the state. The right to use and benefit from it; the user unit has the obligation to manage, protect and reasonably utilize it.
State-owned mineral deposits can be mined by units owned by the whole people and collectively owned in accordance with the law, or by citizens in accordance with the law. The state protects legal mining rights.
The contract management rights of citizens and collectives to collectively owned or state-owned forests, mountains, grasslands, wastelands, tidal flats, and water surfaces for collective use in accordance with the law are protected by law. The rights and obligations of both parties to the contract are stipulated in the contract in accordance with the law.
State-owned mineral deposits and water flows, state-owned and collectively-owned forests, mountains, grasslands, wasteland, and tidal flats as stipulated by law may not be bought, sold, leased, mortgaged, or otherwise illegally transferred.
Article 82: An enterprise owned by the whole people shall have the right to operate the property authorized by the state to operate and manage according to law and shall be protected by law.
Article 83 Neighboring parties to real estate shall correctly handle water interception, drainage, traffic, ventilation, lighting, etc. in a spirit that is conducive to production, convenient for life, solidarity and mutual assistance, and fair and reasonable. Adjacency relationship. If it causes obstruction or loss to neighboring parties, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.
Section 2 Obligations
Article 84 Obligations are specific rights and obligations arising between the parties in accordance with the provisions of the contract or in accordance with the provisions of the law. The person who has the obligation is the creditor, and the person who has the obligation is the debtor.
The creditor has the right to require the debtor to perform its obligations in accordance with the provisions of the contract or in accordance with the provisions of the law.
Article 85 A contract is an agreement to establish, change, or terminate a civil relationship between the parties. A contract established in accordance with the law shall be protected by law.
Article 86 If there are two or more creditors, their rights shall be shared according to the determined shares. If there are two or more debtors, the obligations shall be shared according to the determined shares.
Article 87 If there are two or more creditors or debtors, each creditor who enjoys joint and several rights shall have the right to require the debtor to perform its obligations in accordance with the provisions of the law or the agreement of the parties; Each debtor with joint and several obligations has the obligation to repay all debts. A person who has performed his obligations has the right to require other people with joint and several obligations to pay his share.
Article 88 The parties to a contract shall fully perform their obligations in accordance with the provisions of the contract.
If the quality, time limit, location or price stipulated in the contract are not clear, the content cannot be determined according to the relevant terms of the contract, and the parties cannot reach an agreement through negotiation, the following provisions shall apply:
( 1) If the quality requirements are unclear, they shall be fulfilled in accordance with the national quality standards. If there are no national quality standards, they shall be fulfilled in accordance with the usual standards.
(2) If the performance period is unclear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given necessary preparation time.
(3) The place of performance is unclear. If monetary payment is made, the performance shall be performed at the location of the party receiving the payment, and other subject matter shall be performed at the location of the party performing the obligation.
(4) If the price agreement is unclear, the price shall be fulfilled according to the price stipulated by the state; if there is no price stipulated by the state, the price shall be fulfilled with reference to the market price or the price of similar items or the remuneration standard for similar services.
If the contract does not stipulate the right to apply for a patent, the party who completed the invention shall have the right to apply.
If the contract does not stipulate the right to use scientific and technological achievements, the parties have the right to use them.
Article 89 In accordance with the provisions of the law or the agreement of the parties, the following methods may be used to guarantee the performance of debts:
(1) The guarantor guarantees to the creditor that the debtor will perform the debt, and the debtor If the debt is not performed, the guarantor shall perform or bear joint liability according to the agreement; after the guarantor performs the debt, it shall have the right to recover from the debtor.
(2) The debtor or a third party may provide certain property as collateral. If the debtor fails to perform its debts, the creditor has the right to receive priority repayment by discounting the value of the mortgaged property or by using the proceeds from the sale of the mortgaged property in accordance with the provisions of the law.
(3) One party may pay a deposit to the other party within the scope prescribed by law. After the debtor performs its debt, the deposit shall be used as payment or recovered. If the party who paid the deposit fails to perform its debts, it has no right to request the return of the deposit; if the party who received the deposit fails to perform its debts, it shall return double the deposit.
(4) If one party occupies the property of the other party as stipulated in the contract, and the other party fails to pay the dues beyond the agreed time limit in accordance with the contract, the possessor has the right to retain the property and, in accordance with the provisions of the law, convert the retained property into value or sell it. The price of the property is repaid first.
Article 90: Legal lending relationships are protected by law.
Article 91 If a party to a contract transfers all or part of its rights or obligations under the contract to a third party, it must obtain the consent of the other party to the contract and shall not make a profit. Contracts that should be approved by the state in accordance with legal provisions must be approved by the original approval authority. However, unless otherwise provided by law or otherwise stipulated in the original contract.
Article 92: Anyone who obtains improper benefits without legal basis and causes losses to others shall return the improper benefits to the person who suffered the loss.
Article 93 If there is no legal or agreed obligation, and management or services are provided to avoid losses to the interests of others, the beneficiary shall have the right to require the beneficiary to pay the necessary expenses incurred thereby.
Section 3 Intellectual Property
Article 94 Citizens and legal persons enjoy copyright (copyright) and have the rights to sign, publish, publish, and receive remuneration in accordance with the law.
Article 95 Patent rights obtained by citizens and legal persons in accordance with the law shall be protected by law.
Article 96 The exclusive right to use trademarks obtained by legal persons, individual industrial and commercial households, and individual partnerships shall be protected by law.
Article 97 Citizens have the right to discovery of their own discoveries.
The discoverer has the right to apply for discovery certificates, bonuses or other rewards.
Citizens have the right to apply for certificates of honor, bonuses or other rewards for their inventions or other scientific and technological achievements.
Section 4 Personal Rights
Article 98 Citizens enjoy the right to life and health.
Article 99 Citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating or counterfeiting.
Legal persons, individual industrial and commercial households, individual partnerships
Answer: xinanpanda - Probation Level 1 3-19 18:30
------ -------------------------------------------------- --------------------------
www.baidu.com
Answer: Just ask one question 03 - Children's Level 1 3-21 21:00
-------------------------------- ----------------------------------------
I will also answer:
You will get 2 points for answering. If the answer is accepted, you will get bounty points and 20 points as a reward. Points Rules
The answer must be within 10,000 words
Reference materials:
If your answer is quoted from other places, please indicate the source.
Anonymous answer 2006 Baidu