| 中华人民共和国民法通则（英文版） |
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The main methods of bearing civil liability shall be: (1) cessation of infringements; (2) removal of obstacles; (3) elimination of dangers; (4) return of property; (5) restoration of original condition; (6) repair, reworking or replacement; (7) compensation for losses; (8) payment of breach of contract damages; (9) elimination of ill effects and rehabilitation of reputation; and (10) extension of apology. The above methods of bearing civil liability may be applied exclusively or concurrently. When hearing civil cases, a people s court, in addition to applying the above stipulations, may serve admonitions, order the offender to sign a pledge of repentance, and confiscate the property used in carrying out illegal activities and the illegal income obtained therefrom. It may also impose fines or detentions as stipulated by law. Chapter VII Limitation of Action Article 135 Except as otherwise stipulated by law, the limitation of action regarding applications to a people s court for protection of civil rights shall be two years. Article 136 The limitation of action shall be one year in cases concerning the following: (1) claims for compensation for bodily injuries; (2) sales of substandard goods without proper notice to that effect; (3) delays in paying rent or refusal to pay rent; or (4) loss of or damage to property left in the care of another person. Article 137 A limitation of action shall begin when the entitled person knows or should know that his rights have been infringed upon. However, the people s court shall not protect his rights if 20 years have passed since the infringement. Under special circumstances, the people s court may extend the limitation of action. Article 138 If a party chooses to fulfil obligations voluntarily after the limitation of action has expired, he shall not be subject to the limitation. Article 139 A limitation of action shall be suspended during the last six months of the limitation if the plaintiff cannot exercise his right of claim because of force majeure or other obstacles. The limitation shall resume on the day when the grounds for the suspension are eliminated. Article 140 A limitation of action shall be discontinued if suit is brought or if one party makes a claim for or agrees to fulfillment of obligations. A new limitation shall be counted from the time of the discontinuance. Article 141 If the law has other stipulations concerning limitation of action, those stipulations shall apply. Chapter VIII Application of Law in Civil Relations with Foreigners Article 142 The application of law in civil relations with foreigners shall be determined by the provisions in this chapter. If any international treaty concluded or acceded to by the People s Republic of China contains provisions differing from those in the civil laws of the People s Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People s Republic of China has announced reservations. International practice may be applied to matters for which neither the law of the People s Republic of China nor any international treaty concluded or acceded to by the People s Republic of China has any provisions. Article 143 If a citizen of the People s Republic of China settles in a foreign country, the law of that country may be applicable as regards his capacity for civil conduct. Article 144 The ownership of immovable property shall be bound by the law of the place where it is situated. Article 145 The parties to a contract involving foreign interests may choose the law applicable to settlement of their contractual disputes, except as otherwise stipulated by law. If the parties to a contract involving foreign interests have not made a choice, the law of the country to which the contract is most closely connected shall be applied. Article 146 The law of the place where an infringing act is committed shall apply in handling compensation claims for any damage caused by the act. If both parties are citizens of the same country or have established domicile in another country, the law of their own country or the country of domicile may be applied. An act committed outside the People s Republic of China shall not be treated as an infringing act if under the law of the People s Republic of China it is not considered an infringing act. Article 147 The marriage of a citizen of the People s Republic of China to a foreigner shall be bound by the law of the place where they get married, while a divorce shall be bound by the law of the place where a court accepts the case. Article 148 Maintenance of a spouse after divorce shall be bound by the law of the country to which the spouse is most closely connected. Article 149 In the statutory succession of an estate, movable property shall be bound by the law of the decedent s last place of residence, and immovable property shall be bound by the law of the place where the property is situated. Article 150 The application of foreign laws or international practice in accordance with the provisions of this chapter shall not violate the public interest of the People s Republic of China. Chapter IX Supplementary provisions Article 151 The people s congresses of the national autonomous areas may formulate separate adaptive or supplementary regulations or provisions in accordance with the principles of this Law and in light of the characteristics of the local nationalities. Those formulated by the people s congresses of autonomous regions shall be submitted in accordance with the law to the Standing Committee of the National People s Congress for approval or for the record. Those formulated by the people s congresses of autonomous prefectures or autonomous counties shall be submitted to the standing committee of the people s congress in the relevant province or autonomous region for approval. Article 152 If an enterprise owned by the whole people has been established with the approval of the competent authority of a province, autonomous region or centrally administered municipality or at a higher level and it has already been registered with the administrative agency for industry and commerce, before this Law comes into force, it shall automatically qualify as a legal person without having to re-register as such. Article 153 For the purpose of this Law, “force majeure” means unforeseeable, unavoidable and insurmountable objective conditions. Article 154 Time periods referred to in the Civil Law shall be calculated by the Gregorian calendar in years, months, days and hours. When a time period is prescribed in hours, calculation of the period shall begin on the prescribed hour. When a time period is prescribed in days, months and years, the day on which the period begins shall not be counted as within the period; calculation shall begin on the next day. If the last day of a time period falls on a Sunday or an official holiday, the day after the holiday shall be taken as the last day. The last day shall end at 24:00 hours. If business hours are applicable, the last day shall end at closing time. Article 155 In this Law, the terms “not less than,” “not more than,” “within” and “expires” shall include the given figure; the terms “under” and “beyond” shall not include the given figure. Article 156 This Law shall come into force on January 1, 1987. |
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