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120th article of the names of citizens rights, portrait rights, reputation,荣誉权had been violated, have the right to request cessation of abuse, rehabilitation, to eliminate the impact of an apology, and can ask for damages.
The name of corporate power, reputation,荣誉权violations of applicable provisions of the preceding paragraph.
Article 121st state organs of state organs or in carrying out their duties, the violation of citizens, legal persons damage the legitimate rights and interests, and shall bear civil liability.
Article 122nd causing substandard product quality property, personal injury, and product manufacturers, sellers should bear civil liability according to law. Transporters, which are responsible for warehousing, product manufacturers, sellers have the right to seek compensation for losses.
Article one hundred and twenty high-altitude, high pressure, flammable, explosive, poisonous, radioactive, high-speed means of transport, such as on the surrounding environment of the operation of high-risk of damage caused by others, shall bear civil liability; if we can prove that the injury resulted from intentionally caused the victim does not bear civil liability.
124th State to protect the environment in violation of the provisions of pollution prevention, pollution of the environment damage caused by others, it should be in accordance with the law of civil liability.
125th article in a public place, road, or digging channels, repair the installation of underground facilities is not provided with clear signs and causing damage to take safety measures, and construction should bear civil liability.
Article 126th buildings or other facilities and buildings were set aside,悬挂物collapse, falling, falling damage caused by others, its owners or managers should bear civil liability, but can prove that there is no fault of their own otherwise.
Article 127th animals causing damage, animal keeper or administrator should bear civil liability; as a result of damage caused by the fault of the victim, the animal keeper or administrator does not bear civil liability; third person as a result of the damage caused by the fault of the third person should bear civil liability.
128th Article of the damage due to self-defense, not civil liability. The limits of self-defense more than necessary, causing undue harm, it should be appropriate to assume civil liability.
129th article of necessity due to damage caused by the dangerous situation caused by people who happened to bear civil liability. If the risk is caused by natural causes, not of necessity bear the appropriate civil liability or civil liability. Due to improper emergency or to take measures to hedge more than necessary, causing undue damage, emergency hedge shall bear civil liability appropriate.
Be two or more joint 130th infringement damage caused by others, should be jointly and severally liable.
Article one hundred and thirty first victim for the occurrence of damage at fault, you can reduce the person's civil liability for violations.
Article 132nd on the damage caused by the parties are not at fault, based on the actual situation of civil liability by the parties to share.
Article 133rd person without civil capacity, limiting the capacity of civil acts causing harm to others, by the guardian of civil liability. Guardian's responsibility to make a guardianship can be appropriate to reduce his civil liability.
Property of people without capacity for civil conduct, limiting the capacity of civil acts causing harm to others, from his or her property to pay compensation. Shortage of appropriate compensation by the guardian, but the units except as a guardian.
The fourth quarter of the way of civil liability
134th Article of the way of civil liability are:
(A) stop the infringement;
(B) remove obstacles;
(C) the elimination of hazards;
(D) the return of property;
(E) restitution;
(Vi) repair, redo, replacement;
(Vii) compensation for losses;
(Viii) the payment of liquidated damages;
(I) the elimination of the impact of rehabilitation;
(J) an apology.
Of civil liability to the above, it can be a separate application, or may be applicable to the merger.
People's Court civil cases, in addition to the above provisions apply, but also can be reprimanded, ordered to a statement of repentance, the collection of the property to carry out illegal activities and illegal gains and may impose a fine in accordance with the law, detention.
Chapter VII Limitation of Action
135th article to request the protection of people's civil rights statute of limitations for two years, except as otherwise provided in law.
136th Article of the proceedings following a one-year limitation period:
(A) bodily injury to seek compensation;
(B) the sale of substandard quality of goods is not a declaration;
(C) deferred or non-payment of rent;
(D) The storage property was lost or damaged.
Article 137th during the time from the right to know or should have known was against the time of calculation. However, rights have been violated from the date of more than two decades, not to protect the people's court. There are special circumstances, the people's court may extend the period of limitations.
Be more than the 138th during the time the parties carry out voluntary and not subject to statute of limitations for lawsuits.
Article 139th during the time in the last six months, due to force majeure or other obstacles to the request can not exercise the right to suspend the time. The reasons for suspension of the limitation from the date of the elimination of the proceedings to continue calculating the limitation period.
Limitation of actions by the 140th article filed the request of a party to fulfill their obligations or agreed to be interrupted. Starting from the failure, during the re-calculation of the time.
Law of the 141st as otherwise provided in the statute of limitations, in accordance with the law.
Chapter VIII of the relationship between foreign-related civil law is applicable to
Article 142nd civil relations involving foreign law is applicable, determine in accordance with the provisions of this chapter.
People's Republic of China, or to conclude international treaties with the People's Republic of China have different provisions of civil law, and the application of the provisions of international treaties, but to retain the provisions of People's Republic of China except for a statement.
People's Republic of China People's Republic of China laws and the conclusion of international treaties or not provided, you can apply to international practice.
143rd People's Republic of China citizens abroad to settle, and his capacity for civil conduct the law can be applied to settle in the country.
Article 144th of real estate ownership, real estate law of the location of the application.
Article 145th foreign contract may choose to deal with contractual disputes, the applicable law, except as otherwise provided in law.
Foreign-related contracts the parties have no choice, and apply the most closely linked to the contract law of the country.
Article 146th tort damages for infringement to the law. The same nationality as the parties in the same country or residence, the parties may also apply to national laws or legal residence.
People's Republic of China People's Republic of China do not think the law outside the field of violations of the act is not dealt with as a tort.
147th People's Republic of China and foreigners married to citizens of the conclusion of the application of the laws of marriage, divorce cases the court applies the law of the location.
Support the application with the 148th article was support person with the most closely related to the law of the country.
149th Article of the statutory legacy inherited property when the application of the death of the domicile of the successor law, real estate law of the location of the application of real estate.
150th article in accordance with the provisions of this chapter the application of foreign laws or international practice, the People's Republic of China shall not be contrary to social and public interests.
Chapter IX Supplementary Provisions
Autonomous areas Article 151st People's Congress in accordance with the principles of the provisions of this Law, combined with the characteristics of local ethnic groups, the development of alternative or complementary or provisions of special regulations. Autonomous Region People's Congress enacted, in accordance with the law be reported to the National People's Congress Standing Committee to approve or record; autonomous prefectures and autonomous counties to develop the People's Congress, the provincial, autonomous regional People's Congress Standing Committee ratified.
The entry into force of this Act before the 152nd article, the provinces, autonomous regions and municipalities directly under the central authorities over the ownership by the whole people are permitted to open for business, industrial and commercial administrative organs have registered, you can no longer handle the registration of legal persons, that have legal personality.
153rd this article called "force majeure" means unforeseeable, unavoidable objective situation can not overcome.
Referred to the 154th article of the Civil Code during the calendar year in accordance with, month, day, hourly basis.
Hourly basis in accordance with the provisions of the period, calculated from the requirements. Provisions in accordance with the date, month, during the years, not to the beginning of the day, start from the next day.
During the last day is a Sunday or other statutory holiday in order to leave on the day following the last day for the period.
During the last day of the deadline for 24 points. Business time to time to stop the operational activities of the deadline.
155th Civil Code section called "above", "below", "less than", "expires", including the few; called "dissatisfied", "outside" does not include the number.
This law shall be the 156th 1 January, 1987 will come into effect.(April 12, 1986 Sixth National People's Congress passed the fourth meeting of April 12, 1986 Decree of the President People's Republic of China announced its 37th since January 1, 1987 will come into effect)
The basic principles of the First Chapter
The first order to protect the citizens, legal persons of the civil rights of the legitimate, proper adjustment of civil relations, the cause of socialist modernization development, in accordance with the Constitution and the actual situation in China, summed up the practical experience in civil activities, the development of this law.
The second adjustment of the People's Republic of China and France the main equality between citizens, legal persons, and civil and legal relations between the property and personal relations.
Third party activities in the civil status of equality.
Article IV should be guided by a voluntary civil activities, fair and equivalent compensation, the principle of good faith.
Article V of citizens, legal persons of the civil rights of the legitimate protection of the law, any organization or individual shall not be violated.
Article VI of the Civil activities must abide by the law, the law does not require, and should abide by national policies.
Article VII of the civil activities should respect the social morality, and must not harm public interests, to undermine national economic plan to disrupt the socio-economic order.
Article VIII in the People's Republic of China in the field of civil activities, the application of People's Republic of China law, except as otherwise provided in law.
The provisions of this Act on the citizens for the People's Republic of China in the field of foreigners, stateless persons, except as otherwise provided in law.
Chapter citizens (natural persons)
Section I of the capacity of civil rights and civil capacity
Article IX of citizens from birth to play death only with the capacity of civil rights, are legally entitled to civil rights, civil obligations.
Article X of the capacity of the civil rights of citizens are equal.
Article XI of the citizens over the age of 18 are adults with full capacity for civil conduct, may be an independent civil activities and is totally incapacitated people civil.
16 under eighteen years of age and older citizens, with their labor income as the main source of income as a full civil capacity of people.
Article XII of the minors over the age of 10 are restricted capacity for civil conduct, and can be with his age, intelligence activities in the civil suit; other civil activities by his legal represent