2006 National Judicial Examination Legal Regulations Compilation (Portable Edition) Volume 3

Author: China Legal Publishing House
Publisher:
Publish Date: 2006-01-01
Features: The Civil Code of the People's Republic of China (Adopted by the Fourth Session of the Sixth National People's Congress on April 12, 1986; Promulgated by the Order of the President of the People's Republic of China No. 37 on April 12, 1986; Effective from January 1, 1987) Chapter General Principles
Article [Legislative Purpose] To protect the legitimate civil rights and interests of citizens and legal persons, correctly regulate civil relations, and meet the needs of the development of socialist modernization, this Law is formulated in accordance with the Constitution and the actual conditions of our country, summarizing the practical experience of civil activities.
Article 2 [Subject of Adjustment] The Civil Code of the People's Republic of China regulates property relations and personal relations between equal subjects, including citizens, legal persons, and between citizens and legal persons.
Article 3 [Principle of Equality] Parties shall be equal in their status in civil activities.
Article 4 [Principles of Voluntariness, Fairness, Equal Consideration, and Good Faith] Civil activities shall be conducted in accordance with the principles of voluntariness, fairness, equal consideration, and good faith.
Article 5 [Principle of Protection of Civil Rights and Interests by Law] The legitimate civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them.
Article 6 [Principle of Legality] Civil activities must comply with the law, and where the law is silent, national policies shall be followed.
Article 7 [Principle of Prohibition of Abuse of Rights] Civil activities shall respect social morals, shall not harm the public interest, damage the national economic plan, or disrupt the economic order.
Article 8 [Spatial Effect] 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, except as 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, except as otherwise provided by law.
Chapter Citizens (Natural Persons)
Section Civil Capacity for Rights and Civil Capacity for Actions
Article 9 [Start and End of Civil Capacity for Rights] Citizens shall have civil capacity for rights from the time of birth to the time of death.