民法通則英文版

1、Chapter 早 I Basic PrinciplesArticle 條 1 This Law is formulated 制定 in accordanee with 根據(jù) the Constitution 憲法 and the actual situation 實際情況 in our country, drawing upon 總結(jié) our practical experience in civil activities 民事活動,for the purpose of protecting the lawful civil rights and interests 合法的民事權(quán)益 of c

2、itizens and legal persons 法人 and correctly adjusting civil relations 民事關(guān)系,so as to meet the needs of the developing socialist modernization 社會主義現(xiàn)代化事業(yè)發(fā)展Article 2 The Civil Law of the People s Republic of China 中華人民共和國民法 shall adjust property relationships 財產(chǎn)關(guān) 系 and pers onal relati on ships 人身關(guān)系 betw

3、ee n civil subjects with equal status, that is, betwee n citize ns, betwee n legal pers ons and betwee n citize ns and legal pers ons.Article 3 Parties 主體 to a civil activity shall have equal status地位平等.Article 4 In civil activities, the principles of voluntariness 自愿,fairness, making compensation f

4、or equal value 等價有償, honesty and credibility 誠實信用 shall be observed 遵循.Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no organization or in dividual may infringe upon 侵犯 them.Article 6 Civil activities must be in complia nce with 遵守 the law;

5、where there are no releva nt provisi ons 相關(guān)規(guī)定 in the law, they shall be in compliance with state policies.Article 7 Civil activities shall have respect for social ethics 公德 and shall not harm the public interest 公共利益,undermine state economic plans or disrupt 擾舌L social economic order.Article 8 The l

6、aw of the People s Republic of China shall apply to 適用于 civil activities within the People s Republic of China, except as otherwise stipulated by law 法律另有規(guī)定的除夕卜.The stipulations 規(guī)定 of this Law as regards 關(guān)于 citizens shall apply to foreigners and stateless無國籍的 persons within the People s Republic of

7、China, except as otherwise stipulated by law.Chapter 章 II Citizen (Natural Person)Section 節(jié) 1 Capacity for Civil Rights 民事權(quán)利能力and Capacity for Civil Conduct 民事行為能力.Article 條 9 A citizen shall have the capacity for civil rights from birth to death and shall enjoy 享有 civil rights and assume 承擔 civil o

8、bligations 義務 in accordance with the law.Article 10 All citize ns are equal as regards their capacity for civil rights.Article 11 A citize n aged 18 or over shall be an adult. He shall have full capacity for civil con duct, may in depe nden tly 獨立 en gage in 參力口 civil activities and shall be called

9、a pers on with full capacity for civil con duct.A citize n who has reached the age of 16 but not the age of 18 and whose main source of in come is his own labour shall be regarded as a pers on with full capacity for civil con duct.Article 12 A mi nor 未成年人 aged 10 or over shall be a pers on with limi

10、ted capacity for civil con duct and mayen gage incivil activities appropriate to 適應 his age and in tellect; in other civil activities, he shall be represe nted by his age nt ad litem 法定 代理人 or participate with the consent 同意 of his age nt ad litem.A minor un der the age of 10 shall be a pers on hav

11、ing no capacity for civil con duct and shall be represe nted in civil activities by his age nt ad litem.Article 13 A men tally ill pers on who is un able toacco unt for 辨認 his own con duct shall be a pers on hav ing no capacity forcivil con duct and shall be represe nted in civil activities by his a

12、ge nt ad litem.A men tally ill pers on who is un able to fully acco unt for his own con duct shall be a pers on with limited capacity for civil con duct and may en gage in civil activities appropriate to his men tal health; in other civil activities, he shall be represe nted by his age nt ad litem o

13、r participate with the consent of his age nt ad litem.Article 14 The guardia n 監(jiān)護人 of a pers on without or with limited capacity for civil con duct shall be his age nt all item.Article 15 The domicile 住所 of a citizen shall be the place where his residence居住地 is registered 登記注冊;if his habitual reside

14、nce經(jīng)常居住地 is not the same as his domicile, his habitual residence shallbe regarded as視為 his domicile.Section 2 Guardia nship 監(jiān)護Article 16 The parents of a minor shall be his guardians 監(jiān)護人.If the parents of a minor are dead or lack the competence 能力 to be his guardian, a person from the following cate

15、gories 人 員 who has the competence to be a guardian shallact as his guardian:(1) paternal or maternal grandparent祖父母 夕卜祖父母;(2) elder brother or sister;(3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval 同意 from the units 單位 of the

16、minor s parents or from the neighbourhood or village committee 村民委員會 in the place of the minor s reside nee居民委員會 .In case of 如果 a dispute 爭議 over guardians, the units of the minor s parents or the neighbourhood or village committee in the place of his reside nee shall appo int 指定 a guardia n from am

17、ong the minor s n ear relatives 近親屬.If disagreeme nt 不服 over the appointment leads to a lawsuit 訴訟,the people s court 人民法院 shall make a ruling 裁決.If none of the persons listed in the first two paragraphs規(guī)定 of this article is available to be the guardian, the units of the minor s parents, the neighbo

18、urhood or village committee in the place of the minor s residence or the civil affairs department 民政 部門 shall act as his guardian.Article 17 A pers on from the followi ng categories 人員 shall act as guardia n for a men tally ill pers on 精神病人 without or with limited capacity for civil con duct:(1) spo

19、use配偶；(2) pare nt;(3) adult child;(4) any other n ear relative;(5) any other closely connected 關(guān)系密切 relative or friend willing to bear the responsibility of guardianship and having approval from 經(jīng)同意 the unit to which the men tally ill pers on bel ongs or from the n eighbourhood or village committee

20、in the place of his reside nce.In case of a dispute 爭議 over guardia nship, the unit to which the men tally ill pers on bel ongs or the n eighbourhood or village committee in the place of his residence shall appoint a guardian from among his near relatives.If disagreementover the appointment leads to

21、 a lawsuit 訴訟,the people s court 法院 shall make a ruling 裁定.If none of the pers ons listed in the first paragraph of this article is available to be the guardia n, the un it to which the men tally ill pers on bel on gs, the neighbourhood or village committee in the place of his residence or the civil

22、 affairs department 民政部門 shall act as his guardia n.Article 18 A guardian shall fulfill his duty 履行職責 of guardianship and protect the person, property and other lawful rights and in terests of his ward 被監(jiān)護人.A guardia n shall not han dle the property of his ward uni ess 除非 it is in the ward s in tere

23、sts.A guardian s rights to fulfill his guardianship in accordance with the law shall be protected by law.If a guardian does not fulfill his duties as guardian or infringes 侵害 upon the lawful rights and interests of his ward, he shall be held responsible 承擔責任;if a guardian causes any property loss fo

24、r對造成財產(chǎn)損失 his ward, he shall compensate for賠 償 such loss. The people s court maydisqualify 撤銷資格 a guardian based on根據(jù) the application 申請 of a concerned party有 關(guān)人員 or un it.Article 19 A person who shares interests with 利害關(guān)系人 a mental patient may apply to 向申請 a people s court for a declarati on 宣告 that

25、 the men tal patie nt is a pers on without or with limited capacity for civil con duct.With the recovery of the health of a person who has been declared by a people s court to be without or with limited capacity for civil con duct, and upon his own applicati on or that of an in terested pers on 利害關(guān)系

26、人 ,the people s court may declare him to be a pers on with limited or full capacity for civil con duct.Section 3 Declarations of Missing 失蹤 Persons and DeathArticle 20 If a citizen s whereabouts下落 have been unknown for two years, an interested person may apply to a people s court for a declaration o

27、f the citizen s missing 失蹤宣告.If a person s whereabouts become unknown during a war, the calculation 計算 of the time period in which=when his whereabouts are unknown shall begi n on the final day of the war.Article 21 A missing person s property shall be placed in the custody 管理 of his spouse, parents

28、, adult children or other closely conn ected relatives or frie nds.In case of a dispute over custody, if the pers ons stipulated 規(guī)定 above are un available or are in capable of taking such custody, the property shall be placed in the custody of a pers on appo in ted by the people s court.Any taxes 稅,

29、debts 債務 and other unpaid expenses owed by a missing person shalldefrayed 支付 by the custodian 代管人 out of the miss ing pers on s property.Article 22 In the eve nt that a person who has bee n declared miss ing reappears 重新出現(xiàn) or his whereabouts are ascerta ined 確認,the people s court shall, upon 基于 his

30、own application or that of an interested person, revoke 撤銷 the declaration of his miss in g-pers on status.Article 23 Under either of the following circumstances 情形,an interested person may apply to the people s court for a declarati on of a citize n s death:(1) if the citizen s whereabouts have bee

31、n unknown for four years or(2) if the citizen s whereabouts have been unknown for two years after the date of an accident in which he was involved.If a person s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begi n on the final

32、day of the war.Article 24 In the eve nt that a pers on who has bee n declared dead re appeals or it is as certai ned that he is alive , the people s court shall, upon his own applicati on or that of an in terested pers on, revoke the declarati on of his death.Any civil juristic acts 民事法律行為 performed

33、 by a pers on with capacity for civil con duct duri ng the period in which he has bee n declared dead shall be valid 有效.Article 25 A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such

34、 property in accordanee with the Law of Succession 繼承法 shall return the origi nal items 返還原物 or make appropriate compe nsati on 適當補償 if the origi nal items no Ion ger exist 不再存在.Sectio n 4 In dividual Busi nesses 個體工商戶 and Lease holdi ng Farm Households 農(nóng)村承包經(jīng)營戶Article 26“ In dividual bus in esses ”

35、refers to bus in ess run by in dividual citize ns who have bee n lawfuegistered 登記 andapproved 批準 to en gage in in dustrial or commercial operati on 工商業(yè)經(jīng)營 within the sphere permitted by law. An in dividual bus in ess may adopt a shop n ame.Article 27“Lease holding farm households農(nóng)村承包經(jīng)營戶refers to mem

36、bers of a rural 農(nóng)村 collective 集體 economicorga ni zati on who en gage in commodity product ion 商品經(jīng)營 un der a con tract 合同 and within the spheres permitted by law.Article 28 The legitimate 合法的 rights and in terests of in dividual bus in esses and lease holdi ng farm households 農(nóng)村承包經(jīng) 營戶 shall be protec

37、ted by law.Article 29 The debts 債務 of an in dividual bus in ess or a lease holdi ng farm household shall be secured with 以A 承擔 the in dividual s property if the bus in ess is operated 經(jīng)營 by an in dividual and with the family s property if the bus in ess is operated by a family.Section 5 In dividual

38、Part nership 個人合伙Article 30“ In dividual part nershipefers'to 是扌旨 two or more citize ns associated in a bus in ess and work ing together, witheach providing funds 資金,material objects 實物,techniques and so on according to an agreement協(xié)議.Article 31 Partners 合伙人 shall make a written agreement 訂立書面協(xié)議

39、 covering the funds each is to provide 出資數(shù)額, the distribution of profits 盈余分配,the responsibility for debts, the entering into and withdrawal 退出 from partnership, the ending 終止 of partnership and other such matters.Article 32 The property provided by the partners shall be under their unified 統(tǒng)一 manag

40、ement and use.The property accumulated 積累 in a partnership operation shall belong to all the partners.Article 33 An in dividual part nership may adopt a shop n ame 字號;it shall be approved and registered 核準登記 in accorda nee with the law and con duct bus in ess operati ons withi n the range as approve

41、d and registered.Article 34 The operati onal activities 經(jīng)營活動 of an in dividual part nership shall be decided joi ntly 共同 by the part ners, who each shall have the right to carry out 執(zhí)行 and supervise監(jiān)督 those activities.The partners may elect a responsible person 負責人.All partners shall bear civil liab

42、ility 承擔民事責任 for the operational activities of the responsible person and other personnel 人員.Article 35 A partnership s debts shall be secured with the partners property in proportion to their respective contributions to the investment 出資 or according to the agreement made.Partners shall undertake j

43、oint liability 承擔連帶債務 for their partnership s debts, except as otherwise stipulated by law. Any partner who overpays his share of the partnership s debts shall have the right to claim compensation from 追償 the other partners. Chapter III Legal PersonsSection 1 General Stipulatio ns 般規(guī)定Article 36 A legal pers on shall be an orga ni zati on that has capacity for civil rights and capacity for civil con duct and independently enjoys civil