This is an abridged translation of the principal Chinese textbook on civil law, which was published as part of the restructuring of China's legal system following the Third Plenum of the Chinese Communist Party in late 1978. Because the closest thing China has to a civil code - the General Provisions of Civil Law enacted in 1986 - is very incomplete, this treatise is an authoritative source on the subject. "Basic Principles of Civil Law in China" translates those portions of the Chinese text that are likely to be most useful for foreigners dealing with China, such as material on contracts, torts, joint-ventures, negotiable instruments and technology transfer. It also contains general material on such matters as agency and partnership, the general principles of juristic persons, and statutes of limitations.
Table of Contents
Editor’s Introduction, PART I: GENERAL DISCUSSION OF CIVIL LAW 1. Introduction 2. The General Concept of Civil Law of the People’s Republic of China, I The Objects of Adjustment of Our Country’s Civil Law, II The Differences Between Civil Law and Other Types of Law, III The Basic Principles of the Civil Law of the People’s Republic of China, IV The Sources of Our Country’s Civil Law, V The Interpretation of Civil Law Norms, VI The Scope and Application of Civil Law, 3. Civil Law Relationships, I General Discussion of Civil Law Relationships, II Legal Facts, III The Essentiai Elements of Civil Law Relations, IV The Types of Civil Law Rights, V Prohibition of the Abuse of Rights, VI The Protection of Civil Law Rights, VII Civil Responsibility, 4. Citizens, I The Legal Position of Citizens, II The Capacity of Our Country’s Citizens to Have Civil Law Rights [Rechtsfähigkeit], III The Capacity of Citizens to Act [Handlungsfähigkeit], IV Guardianship, V Names, Household Registration, and Domicile, 5. Juristic Persons, I The General Nature and Characteristics of Juristic Persons, II The Appearance, Development, and Use of the Institution of the Juristic Person, III Types of Juristic Persons, IV The Establishment of Juristic Persons and Their Conditions, V The Juristic Person’s Capacity to Hold Rights and Capacity to Act, VI The Alteration or Dissolution of a Juristic Person, VII The Name, Domicile, and Production Mark, VIII State Supervision of Juristic Persons, 6. Partnerships and Joint Ventures, I The General Concept and Special Characteristics of Partnerships and Joint Ventures, II The Formation of Partnerships and Joint Ventures, III The Management and Controi of the Property of Partnerships and Joint Ventures, IV Alteration or Termination of a Partnership or Joint Venture, 7. Propert y [Sachen], I The General Concept of Property [Things-Sachen], II Different Types of Property, III Money and Negotiable Instruments, IV Foreign Exchange, 8. Juristic Acts, I The General Concept of Juristic Acts, II Types of Juristic Acts, III Forms of Juristic Acts, IV Conditions for the Effectiveness of Juristic Acts, V Conditional Juristic Acts and Juristic Acts With a Time Limit, VI Ineffective Civil Law Acts and Their Consequences, 9. Representation, I The General Concept of Representation, II The Basis for the Creation of Representation and the Types of Representation, III Certificate of Representation, IV The End of a Representation Relationship, V Representation Without Authority, 10. Prescription, I General Discussion of the System of Prescription, II Procedural Prescription, III Suspending, Cutting Off, or Prolonging Prescription, PART II: PROPERTY [Chapters 11-17 Omitted], PART III: OBLIGATIONS, 18. The General Statements of Obligations, I The Concept and Meaning of Obligations, II Types of Obligations, III The Bases for Obligations Coming into Existence, IV Performance of Obligations, V Nonperformance of an Obligation, VI Changes in Obligations, VII Termination of an Obligation, VIII Guaranty of Obligations, 19. Obligations Arising from Acts that Infringe on Rights [Delicts], I The Concept and Characteristics of Obligations Arising from Acts that Infringe on Rights, II The Essentiai Conditions for Civil Responsibility for Acts in Infringement of Rights, III Several Specijic Types of Civil Responsibility for Acts in Infringement of Rights, IV The Scope and Methods of Compensation for Injuries Caused by the Infringement of Rights, 20. Unjust Enrichment and Management of Affairs Without Mandate [Negotiorum Gestio], I Obligations that Arise Out of Unjustijied Enrichment, II Obligations that Arise Out of Management of Affairs Without Mandate [Negotiorum Gestio], 21. Obligations Arising Out of Contract, I The General Concept of Contract, 11 The Evolution of the System of Contracts, III The Nature and Function of Our Country’s System of Contracts, IV The Types of Contracts, V The Forms of Contracts, VI The Formation of Contracts, V1I Essentiai Provisions of Contracts, 22. Contracts of Sale, Exchange, and Gift, I The General Concept of the Contract of Sale, II The Object and Price of the Contract of Sale, III The Rights and Duties of Parties to a Contract of Sale, IV Transfer of the Ownership (or Management Right) of the Object and Liability for Unintentional Loss, V Contracts for the Purchase and Sale of Industrial and Mineral Products, VI Contracts for the Purchase and Sale of Agriculturai Sideline Products, VII The Contract of Exchange, VIII The Contract of Gift, 23. Contract of Hire, I An Introduction to the Contract of Hire, II The Rights and Obligations of the Parties to a Contract of Hire, III Capital Construction Contracts, 24. The Contract of Lease, I General Discussion of Contracts of Lease, II Contracts of Lease for Ordinary Property, III The Lease of Buildings, 25. Loans for Consumption and Loans for Use, I General Discussion of the Loan for Consumption, II The Contract of Debt, III The Legal Relation of Settling Accounts, IV Other Loans for Consumption, V Loans for Use, 26. Transport Contracts, I A Brief Introduction to Transport Contracts, II The Major Rights and Obligations of the Parties to a Contract of Transportation Involving Goods, III The Contract for the Transport of Goods by Rail, IV Other Contracts for the Transport of Goods, V [Contracts for] the Carriage of Passengers, Their Baggage, and Bundles, VI The Coordinated Contract of Transport, 27. Contracts of Deposit, I Contracts of Deposit, II The Most lmportant Rights and Duties of Parties to a Contract of Deposit, 28. Partnership Contracts, I General Discussion of Partnership Contracts, II The Principal Rights and Duties of Parties to a Partnership Contract, III The Formation and Termination of a Partnership Contract, 29. Mandate, Commission Agency, and Brokerage Contracts, I The Contract of Mandate, II The Contract of Commission Agency, III The Brokerage Contract, 30. Technology Contracts, I A General Discussion of Technology Contracts, II Technology Development Contracts, III Contracts for the Transfer of Technology, IV Technology Service Contracts, 31. The Contract of Insurance, I A General Discussion of the Contract of lnsurance, II The Classijication of Insurance and the Meaning of the Bask Terms of the Legal Relationship of Insurance, III The Formation of Insurance Contracts, Principal Rights, and Duties of the Parties, IV The Procedure for Demanding that the Insurer Perform His Obligations, 32. Foreign Economic Contracts, I Foreign Economic Contracts and Our Country’s Foreign Economic Contract Law, II Formation of Foreign Economic Contracts, III Performance of the Contract and the Guaranty of the Performance of the Contract, IV Liability for Breach of Contract, V The Assignment, Amendment, Canceilation, and Termination of Foreign Economic Contracts, VI The Settlement of Disputes, VII The Question of the Applicable Law of the Contract
William C. Jones