China: civil, commercial and family law.

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Civil, commercial and family law of the PRC, VA SUGIBIN, 2007


GENERAL DESCRIPTION OF THE CURRENT STATUS OF THE LAW OF FOREIGN COUNTRIES 8

CHINA - GREAT COUNTRY 11

CIVIL LAW

PEOPLE'S REPUBLIC OF CHINA 12

Constitution of the PRC

About 17 civil relations

GENERAL CIVIL RIGHTS's Republic of China 22

REPRESENTATION 28

OWNERSHIP OF PROPERTY

AND PROPERTY RIGHTS RELATED TO THE RIGHT

Ownership of property 30

Liability law 33

THE RIGHT of intellectual property 34

PERSONAL RIGHTS 34

CIVIL LIABILITY FOR BREACH OF CONTRACT 35

Civil liability for breach of Rule 35

METHODS (species) CIVIL LIABILITY 37

Application of legislation in civil relations with foreign countries 38

PRC Law "On the Treaty" 40

GENERAL PROVISIONS 41

Validity of the contract 45

AMENDMENT AND ASSIGNMENT 46

Termination of contractual rights and obligations 47

LIABILITY FOR BREACH OF CONTRACT 48

CONTRACT OF SALE 49

The carriage of goods 50

CONTRACT COMBINED SHIPPING 50

LAW "foreign trade", 1994, amended in 2004. 50

LAW "About" 57

INDUSTRIAL BONDS 63

Foreign affiliates 65

LAW "on Enterprise Bankruptcy" 67

The Law "On enterprises with 100% foreign capital" 68

The Law "On joint stock enterprise" 70

TERMS OF ACTIVITY representative offices of foreign law firms in China 72

The Law "On guarantees" 77

GUARANTEE 77

GUARANTEE 81

DEPOSIT 85

The Law "On insurance" of 1995 AMENDED 2002 85

AGREEMENT property insurance 89

Life insurance contracts 91

INSURANCE COMPANY 92

TERMS OF REFERENCE OF INSURANCE ACTIVITIES 93

Insurance agents and insurance brokers 94

The Law "On commercial banks' 95

Appendix 1 99

CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA (Excerpt) 99



Annex 2

GENERAL CIVIL RIGHTS 105

PEOPLE'S REPUBLIC OF CHINA 105

SECTION 1. GENERAL PRINCIPLES 105

SECTION 2. Citizens (natural persons) 106

CHAPTER 2. CARE 107

CHAPTER 3. ANNOUNCEMENT missing and dead 109

CHAPTER 4 110 individual enterprises

Industry and Trade Contracting farming in the countryside 110

CHAPTER 5. PRIVATE PARTNERSHIPS 110

SECTION 3. LEGAL ENTITIES 111

CHAPTER 1. GENERAL ESTABLISHMENT 111

CHAPTER 2 COMPANIES 112

CHAPTER 3. INSTITUTIONS, business entities and 114-GOVERNMENTAL ORGANIZATIONS

CHAPTER 4 ASSOCIATION 114

SECTION 4 CIVIL LEGAL ACTION AND REPRESENTATION 115

CHAPTER 1: CIVIL LEGAL ACTION 115

CHAPTER 2 REPRESENTATION 116

SECTION 5 CIVIL RIGHTS 119

PAVA 1. OWNERSHIP OF PROPERTY

AND PROPERTY RIGHTS RELATED TO THE RIGHT

Ownership of property 119

CHAPTER 2 Obligations Act 122

CHAPTER 3. THE RIGHT of intellectual property 125

CHAPTER 4: PERSONAL RIGHTS 125

SECTION 6 CIVIL LIABILITY 126

CHAPTER 1. GENERAL ESTABLISHMENT 126

CHAPTER 2 CIVIL LIABILITY FOR BREACH OF CONTRACT 127

CHAPTER 3 CIVIL LIABILITY FOR VIOLATION OF 128

Chapter 4. WAYS OF CIVIL LIABILITY 131

SECTION 7. LIMITATION OF ACTIONS 131

SECTION 8. The application of legislation in civil relations with foreign countries 132

SECTION 9. Supplementary Provisions 133

Annex 3135

ZAKONKITAYSKOY PEOPLE'S REPUBLIC ON CONTRACTS 135

CONTENTS 135

GENERAL 136

CHAPTER 1. GENERAL PROVISIONS 136

CHAPTER 2. CONTRACT 137

Chapter 3. The validity of the contract 142

CHAPTER 4. ENFORCEMENT OF THE AGREEMENT 145

CHAPTER 5. AMENDMENT AND ASSIGNMENT 149

Chapter 6. TERMINATION contractual rights and obligations 151

CHAPTER 7 RESPONSIBILITY FOR BREACH OF CONTRACT 153

Chapter 8. OTHER ESTABLISHMENT 156

SPECIAL PART 158

CHAPTER 9. CONTRACT OF SALE 158

§ 3. contract of carriage 164

Annex 4167

PRC Law "On joint stock enterprise" 167

Annex 5172

The Law "On commercial banks' 172

Chapter I. General Provisions 172

Chapter II. Institutions and organizations of a commercial bank 174