2019-04-29 16:23:44
The "General Provisions of the Civil Law" has been passed by the Fifth Session of the 12th National People's Congress of the People's Republic China on March 15, 2017 and is hereby promulgated to take effect on October 1, 2017.
Xi Jinping, President of the People's Republic of China
2017/3/15
Contents
Chapter I: Basic Provisions
Chapter II: Natural Persons
Section 1: Capacity for civil rights and capacity for civil acts
Section 2: Guardianship
Section 3: Proclamations of disappearance or death
Section 4: Privately-owned Businesses and rural leasehold businesses
Chapter III: Legal Persons
Section 1: Ordinary Provisions
Section 2: For-profit Legal Persons
Section 3: Non-profit Legal Persons
Section 4: Special Legal Persons
Chapter IV: Unincorporated Organizations
Chapter V: Civil Rights
Chapter VI: Civil Juristic Acts
Section 1: Ordinary Provisions
Section 2: Expression of Intent
Section 3: The Efficacy of Civil Juristic Acts
Section 4: Conditions and Time Limits for Civil Juristic Acts
Chapter VII: Agency
Section 1: Ordinary Provisions
Section 2: Assigning Agency
Section 3: Termination of Agency
Chapter VIII: Civil Liability
Chapter IX: Limitations Period for Litigation
Chapter X: Calculation of Time Periods
Chapter XI: Supplementary Provisions
General Provisions of the Civil Law
(Passed by the Fifth Session of the 12th National People's Congress on March 15, 2017)
Chapter I: Basic Provisions
Article 1: This Law is drafted, on the basis of the Constitution, so as to protect the lawful rights and interests of civil entities, adjust civil relations, preserve social and economic order, adapt to the demands of developing socialism with Chinese characteristics, and promote the core socialist values.
Article 2: Civil law modulates the personal and property relationships between natural persons, legal persons, and non-legal-person organizations that are equal entities.
Article 3: Civil entities' lawful rights and interests such as rights their persons and property are protected by law and must not be encroached upon by any organization or individual.
Article 4: The legal status of all civil entities in civil activities is equal.
Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, establishing, changing, or terminating civil law relationships as they choose.
Article 6: Civil entities engaging in civil activities shall follow the principle of equity to reasonably determine the rights and obligations of each party.
Article 7: Civil entities engaging in civil activities shall follow the principle of good faith [creditworthiness] and credibility, sticking to the truth and honoring commitments.
Article 8: Civil entities engaging in civil activities must not violate laws, and must not act against public order and good custom.
Article 9: Civil entities engaging in civil activities shall benefit conservation of resources and protection of the ecology and environment.
Article 10: The disposition of civil disputes shall be in accordance with the law; and where the law has no provisions, custom may be applied but must not violate public order and good custom.
Article 11: Where other laws have special provisions on civil relationships, follow those provisions.
Article 12: Laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.
Chapter II: Natural Persons
Section 1: Capacity for civil rights and capacity for civil acts
Article 13: From birth to death, natural persons have the capacity for civil rights; and they enjoy civil rights and bear civil obligations in accordance with law.
Article 14: Natural persons all have equal capacity for civil rights.
Article 15: The birth date and time of death of a natural person is that recorded on their birth and death certificates; where there is no birth certificate or death certificate, the time on their household registration or other valid identity registration record is dispositive. Where there is other evidence sufficient to rebut the recorded times above, the time proven by that relevant evidence is dispositive.
Article 16: In situations involving protection of a fetus's rights and interests such as to inheritance or acceptance of gifts, the fetus is viewed as possessing capacity for civil rights. However, where the fetus is dead at birth, its capacity for civil rights is viewed as never having existed.
Article 17: Natural persons who are 18 years old or older are adults. Natural persons who are not yet 18 years old are minors.
Article 18: Adults are persons with full capacity for civil conduct, and may independently carry out civil juristic acts.
Minors 16 years old or older, whose main source of income is their own labor, are considered persons with full capacity for civil conduct.
Article 19: Minors who are 8 years old or older are persons with limited capacity for civil conduct, and their carrying out of civil juristic acts is through their legally-designated agent, or upon the give consent or subsequent ratification of their legally-designated agent; however, they may independently carry out civil juristic acts that are purely beneficial to them or are appropriate for their age and intelligence.
Article 20: Minors under the age of 8 are persons with no capacity for civil conduct and are represented by their legally-designated agent in carrying out civil juristic acts.
Article 21: Adults who cannot recognize their own conduct are persons with no capacity for civil conduct and are represented by their legally-designated representatives in carrying out civil juristic acts.
Where minors above the age of 8 cannot recognize their own conduct, apply the provisions of the preceding paragraph.
Article 22: Adults who cannot fully recognize their own conduct are persons with limited capacity for civil conduct, and their carrying out of civil juristic acts is through their legally-designated agent, or upon the give consent or subsequent ratification of their legally-designated agent; however, they may independently carry out civil juristic acts that are purely beneficial to them or are appropriate for their intelligence and mental health state.
Article 23: The guardians of persons with no capacity for civil conduct or for persons with limited capacity for civil conduct are their legally-designated agents.
Article 24: Persons with an interest in adults who cannot recognize or cannot fully recognize their own conduct, or relevant organizations, may apply to the people's courts for a designation of that adult as a person lacking capacity for civil conduct or as a person with limited capacity for civil conduct.
Where persons are determined by a people's court to lack or have limited capacity for civil conduct, a people's court may, on the basis of their recovery of intellect and mental health, determine that they have recovered limited or full capacity for civil conduct, upon application of that person, interested parties, or relevant organizations.
"Relevant organizations" as used in the preceding paragraph include: the residents' committee or villagers' committee for the person's domicile, schools, medical institutions, women's federations, disabled persons' federations, seniors' organizations established according to law, and civil affairs departments.
Article 25: A natural person's domicile is the residence recorded on his household registration or other valid identification registration; where his habitual residence is different from his domicile, his habitual residence is deemed his domicile.
Section 2: Guardianship
Article 26: Parents have an obligation to raise, educate, and protect their minor children.
Adult children have an obligation to provide for, support, and protect their parents.
Article 27: Parents are the guardians of their minor children.
Where a minor's parents are dead or do not have the capacity for guardianship, the following persons with capacity for guardianship will serve as guardians in this order:
(1) Paternal or maternal grandparents;
(2) brothers or sisters;
(3) Other individuals or organizations that are willing to serve as guardians, but this must be upon the consent of the residents' committee or villagers' committee, or the civil affairs department of the minor's domicile.
Article 28: The following persons with capacity for guardianship are to act as guardians for adults who lack or have limited capacity for civil conduct, according to the following order:
(1) Spouses;
(2) Parents or children;
(3) Other close relatives;
(4) Other individuals or organizations that are willing to serve as guardians, but this must be upon the consent of the residents' committee or villagers' committee, or the civil affairs department of the ward's domicile.
Article 29: Where a ward's parents serve as their guardian, they can specify guardianship through their wills.
Article 30: Persons who are lawfully eligible to be guardians may determine guardianship through discussion with each other. Determination of guardianship through agreement shall respect the true wishes of the ward.
Article 31: Where there is dispute as to determination of guardianship, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile will designate a guardian, and where relevant parties are dissatisfied the designation, they may apply the people's courts for a designation of guardianship; the relevant parties may also directly apply to the people's courts for designation of a guardian.
Residents' committees, villagers' committees, the Ministry of Civil Affairs or the people's courts shall respect wards' true wishes and follow the principles of the ward's best interests in lawfully designating a guardian from those with guardianship credentials.
Before a guardian is designated in accordance with the provisions of the first paragraph of this article, where the ward's right in person or property, and other lawful rights and interests are in an unprotected state, the residents' committee, villagers' committee, relevant organizations provided for by law, or the civil affairs department for the ward's domicile, will serve as temporary guardian.
After guardianship is designated, it shall not be changed on one's own accord; and where it is changed on one's own accord, this does not eliminate the designated guardian's responsibility.
Article 32: Where there is no person lawfully eligible for guardianship, the Ministry of Civil Affairs is to serve as guardian, or a residents' committee or villagers' committee for the ward's domicile that has capacity to perform guardianship duties, may also serve as guardian.
Article 33: An adult with full capacity for civil conduct may consult in advance with close relatives or other individuals or organizations that are willing to serve as guardians , to make a written determination of his own guardianship. The guardian designated in the agreement will perform guardianship duties when that adult loses or partially loses capacity for civil conduct.
Article 34: Guardians' duties include representing wards in conducting civil juristic acts, and protecting wards' rights in their persons and property, as well as their other lawful rights and interests.
The rights of guardians that are the product of their lawful performance of guardianship duties, is protected by law.
Where guardians do not perform guardianship responsibilities or harm wards' lawful rights and interests, they shall bear legal responsibility.
Article 35: Guardians shall follow the principle of the wards best interests in performing guardianship duties. Guardians must not dispose of wards' assets except to preserve the rights and interests of the ward.
Minors' guardians performing guardianship duties shall, based on the ward's age and intelligence, respect ward's wishes when making decisions concerning the ward's rights and interests.
Adults' guardians performing guardianship duties shall respect wards' wishes to the fullest extent, ensure and assist wards in the performance of civil juristic acts as appropriate to their intellect and mental health status. Guardians shall not interfere with matters that the ward has capacity to handle independently.
Article 36: Where guardians have any of the following circumstances, the people's courts are to revoke their guardianship qualifications upon the application of relevant individuals or organizations, arrange necessary temporary guardianship measures and designate a guardian for the ward in accordance with the principle of the wards' best interest:
(1) Carrying out acts that seriously harm the ward's physical and mental health;
(2) Being remiss in performing guardianship duties, or being unable to perform guardianship duties and refusing to entrust all or part of the guardianship duties to others, leaving the ward's in a distressed condition;
(3) carrying out other conduct that seriously violates the lawful rights and interests of the ward.
"Relevant individuals and organizations" as provided in this article includes: Other persons lawfully eligible to be guardians, the residents' committee or villagers' committee, schools, medical institutions, women's federations, disabled persons' federations, child protection organizations, seniors' organizations established according to law, and civil affairs departments.
Where individuals and organizations other than the civil affairs departments provided for in the preceding paragraph fail to promptly apply to the people's courts for revocation of guardianship qualifications, the civil affairs departments shall make an application to the people's courts.
Article 37: After parents, children, spouses and others who bear the costs of raising, providing for, or supporting wards in accordance with law, have their guardianship qualifications revoked by a people's court, the shall continue to perform on these obligations.
Article 38: After wards' parents or children have their guardianship qualifications revoked by a people's court, the people's courts may, as appropriate, restore their guardianship qualifications where they truly show reform, on the premise of respecting the true wishes of the wards, except where they have committed an intentional crime against the ward; and the guardianship relationship of the ward and the court appointed guardian is to be simultaneously terminated.
Article 39:In any of the following situations, the guardianship relationship is terminated.
(1) The wards acquire or regain full capacity for civil conduct;
(2) Guardians lose the capacity for guardianship;
(3) The wards or guardians die;
(4) Other situations where the people's courts find that the guardianship relationship is terminated.
Where a ward still needs guardianship after the guardianship relationship is terminated, a guardian shall be separately designated in accordance with law.
Section 3: Proclamations of disappearance or death
Article 40:Two years after a natural person has gone missing, interested parties may apply to the people's courts to have that natural person declared a missing person.
Article 41: The period for which natural persons are missing is calculated from the date on which they were last heard from. Where they become missing during time of war, the time they are missing is calculated from the day when the war ends or from the data on which a relevant organ determines they are missing.
Article 42: The assets of a missing person are held in the custody of their spouse, adult children, parents, or other persons willing to serve as assets custodians.
Where there is a dispute over custody, there is no person stipulated by the preceding paragraph, or the persons stipulated by the previous paragraph are unable to take custody, [the property] shall be placed in the custody of a person designated by a people's court.
Article 43:The asset custodian shall properly manage the assets of the missing person, and preserve their property rights.
Any taxes, debts, and other unpaid expenses owed by a missing person shall be defrayed by the asset custodian out of the missing person's property.
Where asset custodians cause losses to a missing person's assets, either intentionally or by gross negligence, they shall bear responsibility for compensation.
Article 44:Where asset custodians do not perform custodial duties, harm the missing person's property rights or interests, or lose the capacity for custody, interested parties of the missing person may apply to the people's courts to change the asset custodian.
Where asset custodians have legitimate reason, they may apply to the people's courts to change the asset custodian.
Where people's courts change the assets custodian, the asst custodian after the change has the right to request that the original assets custodian promptly transfer relevant assets and report on the custody of assets.
Article 45:Where a missing person reappears, the people's courts shall revoke the declaration of disappearance upon the application of that person or of interested parties.
Where a missing person reappears, they have the right to request that the assets custodian promptly transfer relevant assets to them and report on the custody of assets.
Article 46:Where a natural person has any of the following situations, interested parties may apply to the people's courts for a declaration of that natural person's death:
(1) has gone missing for four years;
(2) Has been missing for 2 years due to an accident.
Where a natural person becomes missing due to an accident, and relevant organs demonstrate that it is impossible for said person to have survived, the application to declare him dead is not subject to the two-year time limit.
Article 47:With respect to the same natural person, where some interested parties apply to have him declared dead and some interested parties apply to have him declared missing, the people's court shall declared him dead where the legally prescribed conditions for the declaration of death are met.
Article 48:For a person who is declared dead, the day on which the people's court's makes a ruling on the declaration of death, is deemed the date of his death; where a person is declared dead because they went missing due to an accident, the date on which the accident occurred is deemed the date of his death.
Article 49: Where natural persons are declared dead but are not dead, it does not impact the validity of civil juristic acts carried out by that natural person for the period in which they are declared dead.
Article 50:Where a person who has been declared dead reappears, the people's court shall revoke the declaration of death upon the application of that person or interested parties.
Article 51:The marital relationships of person who are declared dead is extinguished on the day when their death is declared. Where a declaration of death is revoked, the marital relationship is automatically reinstated on the day when the death declaration is revoked, except where either party has remarried or makes a written declaration to the marriage registration organs that they are unwilling to have it restored.
Article 52:Where during the period that a person has been declared dead, their children are lawfully adopted by others, after the declaration of death is revoked, they must not argue that the adoptive relationship is invalid on the grounds that they did not give consent.
Article 53:Persons whose declaration of death has been revoked have the right to request restitution from civil entities that acquired their assets in accordance with the law of succession. Where there is no way to make restitution, appropriate compensation shall be given.
Where interested parties concealed the truth, causing another person to be declared dead and acquiring his assets, they shall not only return the assets, but also bear responsibility for compensating any resulting damages.
Section 4: Privately-owned Businesses and rural leasehold businesses
Article 54:Natural persons who engage in industrial or commercial operations after registering in accordance with law, are privately-owned businesses. Privately-owned businesses may adopt brand names (字号).
Article 55:Members of rural collective economic organizations that obtain rural land contracting management rights and engage in family contract operations are rural leasehold businesses.
Article 56:The debt of privately-owned businesses that are individually operated are borne as individual assets; where they are family operated, they are borne as family property; where it is not possible to separate, they are born as family assets.
Debts in rural leasehold businesses are borne as property of farmers engaged in rural land leasehold contracting businesses; where it is operated in fact by some of the farm households, it is borne as the assets of that group.
Chapter III: Legal Persons
Section 1: Ordinary Provisions
Article 57:Legal persons are organizations with the capacity for civil rights and the capacity for civil conduct that independently enjoy civil rights and bear civil liabilities in accordance with law.
Article 58:Legal persons shall be established in accordance with law.
Legal persons shall have their own names, institutional framework, domicile, assets or funds. Follow the laws and administrative regulations for the specific requirements and procedures for establishment of legal persons.
Where the laws or administrative regulations provide that the establishment of legal persons requires the approval of relevant organs, follow those provisions.
Article 59:Legal persons' capacity for civil rights and capacity for civil conduct come into being at the time of the legal persons' establishment and are extinguished when the legal persons are terminated.
Article 60:Legal persons independently assume civil liability with the entirety of their assets.
Article 61:The person responsible, in accordance with law or the legal person's charter, for representing a legal person in engaging in civil activities is the legal person's legally-designated representative.
Legally-prescribed representative engage in civil activities in the name of the legal person, and the legal consequences are borne by the legal person.
Restrictions on legally-designated representatives' power to represent from the legal person's charter or organ of power, must not be asserted against a good faith counterpart.
Article 62:Legal persons bear civil liability for harms caused by legally-designated representatives' performance of their duties.
After the legal person bears civil liability, it may seek compensation from the legally-designated representative who has fault, in accordance with law or the legal person's charter.
Article 63:The domicile of a legal person is the site of its principal place of business. Where registration is required by law, the principal place of business shall be registered as domicile.
Article 64:Where there are changes to matters in a legal person's registration during the time it exists, it shall apply to the registration organ for a modification of the registration in accordance with law.
Article 65: Where the actual circumstances of a legal person differ from those in its registration, this must not be used against a good faith counterpart.
Article 66:The registration organs shall promptly announce information related to the legal persons' registration in accordance with law.
Article 67:Where legal persons merge, their rights and obligations are enjoyed and borne by the merged legal person.
Where legal persons divide, their rights and obligations enjoy joint creditor rights and bear joint responsibility for debts, except as otherwise agreed upon with creditors and debtors.
Article 68:In any of the following circumstances, the legal person is terminated after liquidation and deregistration:
(1) The legal person is dissolved;
(2) the legal person is declared bankrupt;
(3) Other reasons provided by law.
Where the laws or administrative regulations provide that the termination of legal persons requires the approval of relevant organs, follow those provisions.
Article 69:In any of the following circumstances, the legal person is dissolved:
(1) The time during which a legal person exists as stipulated by its charter expires or other reasons of dissolution as stipulated by its charter emerge.
(2) The legal person's organ of power resolves to dissolve;
(3) Dissolution is required due to merger or division of legal persons;
(4) The legal person has its business license or registration certificate revoked in accordance with law, is ordered to close, or is cancelled.
(5) Other situations provided by law.
Article 70:Where a legal person is dissolved, except in situations of merger or division, liquidation obligors shall promptly form a liquidation team to conduct liquidation.
A legal persons' board members or council members and other members of its executive bodies or decisionmaking bodies are liquidation obligors. Where the laws or administrative regulations otherwise provide, follow those provisions.
Where liquidation obligors fail to promptly perform liquidation obligations, causing harms, they shall bear civil liabilities; professional supervisory organs or interested parties may request the people's courts to designate relevant personnel to form a liquidation team to conduct liquidation.
Article 71:Following the provisions of relevant law for the the procedure to liquidate a legal person and the powers of liquidation teams; where there are no such provisions, follow with reference to the relevant provisions of the Company Law .
Article 72:A legal persons exist during the period of liquidation, but must not engage in activities unrelated to liquidation.
Handle a legal person's remaining assets after liquidation in accordance with the provisions of the legal person's charter or resolutions of the legal person's organ or power. Where the law provides otherwise, follow those provisions.
A legal person is terminated after liquidation and deregistration; where deregistration of the legal persons is not required by law, the legal person is terminated after liquidation.
Article 73:Where a legal person is declared bankrupt, it is terminated after bankruptcy liquidation and deregistration of legal person is completed.
Article 74:A legal person may establish branch organizations in accordance with law. Where laws and administrative regulations provide that branch organizations shall register, follow those provisions.
Where branch organizations engage in civil activity in their own name, the resulting civil liability is borne by the legal person; alternatively it may first be borne by the assets controlled by the branch organization, the legal person will be responsible where that is insufficient.
Article 75:The legal consequences of civil activities engaged in by founders setting up a legal person are taken on by the legal person; where the legal person is not establishes, the legal consequences are taken on by the founders, and where there are two or more founders, they enjoy joint creditor rights and bear joint liability for debts.
Third-parties have the right to choose to demand that either the legal person or the founder bear civil liability for civil activities engaged in by the founders in their own names when setting up a legal person
Section 2: For-profit Legal Persons
Article 76:For-profit legal persons are legal persons established for the purpose of gaining and distributing profits to shareholders and such other investors.
For-profit legal persons include limited liability companies, joint stock limited companies, and other other enterprise legal persons.
Article 77:For-profit legal persons are established after registering in accordance with law.
Article 78:Registration organs issue for-profit legal person business licenses to for-profit legal persons established in accordance with law. The issuance date of a business license is the establishment date of a for-profit legal person.
Article 79:To establish a for-profit legal person, a legal person charter shall be formulated in accordance with law.
Article 80:For-profit legal persons shall establish organs of power.
An organ of power amends the legal person's charter, elects or replaces members of executive bodies or supervisory bodies, and performs other duties as provided for by the legal person's charter.
Article 81:For-profit legal persons shall establish executive bodies.
An executive body convenes meetings of the organ of power, determines the legal person's business plans and investment plans, determines the setup of the legal person's internal administrative bodies, and performs other duties as provided for by the legal person's charter.
Where the executive body is a board of directors or an executive director, the chairperson of the board or the executive director serves as the legally-designated representative in accordance with provisions of the legal person's charter; Where a board of directors or an executive director is not established, the principal person in charge as provided for by the legal person's charter is its executive body and legally-designated representative.
Article 82:Where a legal person establishes a supervisory body such as a board of supervisors or a supervisor, the supervisory body inspects the legal person's finance, supervises acts of executing the legal person's duties by members of the executive body or by senior management personnel, and performs other duties as provided for by the legal person's charter.
Article 83:A for-profit legal person's investors must not abuse their rights as investors to damage the legal person's and other investors' rights. Where investor rights are abused causing harm to legal persons or other investors, civil liability shall be borne in accordance with law.
A legal person's investors must not abuse the legal person's independent status and the investors' limited liability to damage the legal person's creditor interests. Where a legal person's independent status and investors' limited liability are abused to evade debt, seriously harming the legal person's creditor interests, joint liability for the legal person's debt shall be borne.
Article 84:A for-profit legal person's controlling investors, actual controllers, directors, supervisors, and senior management personnel must not exploit their association relationships to harm the legal person's interests. Where association relationships are exploited, causing harm to legal persons, liability for damage shall be borne.
Article 85:Where the meeting convening procedure or the voting method whereby a for-profit legal person's organ of power adopts a resolution violates laws, administrative regulations, or the legal person's charter, or where the contents of the resolution violate the legal person's charter, the for-profit legal person's investors may request a people's court to revoke said resolution, but the civil law relationships the for-profit legal person forms with good faith counterparts on the basis of said resolution are not affected.
Article 86:In engaging in business activities, for-profit legal persons shall abide by business ethics, preserve transactional security, accept supervision by the governments and the society, and shoulder societal responsibilities.
Section 3: Non-profit Legal Persons
Article 87:Non-profit legal persons are legal persons established for public interest purposes and other non-profit purposes, which do not distribute the profits gained to their investors, founders, or members.
Non-profit include public institutions, social groups, foundations, social service organizations, and so forth.
Article 88:Public institutions possessing the conditions for legal personhood that are set up to provide public interest services as necessary to adapt to economic and social development, obtain credentials as Public Institution Legal Persons after registering their establishment in accordance with law; where registering as legal persons is not required by law, they possess status as Public Institution Legal Persons from the day of establishment.
Article 89:Where a public institution legal person sets up a council, the council is its decision-making body except as otherwise provided by law. The legally-designated representative of a public institution legal person shall be produced in accordance with the provisions of laws, administrative regulations or the legal person's charter.
Article 90:Social groups that possess the conditions for legal personhood, that are established based on members agreement for a public interest purpose, the common interest of members, or other non-profit purposes, obtain credentials as Social Group Legal Persons upon registering their establishment in accordance with law; where registering as legal persons is not required by law, they possess status as Social Group Legal Persons from the day of establishment.
Article 91:To establish a Social Group Legal Person, articles of incorporation [a charter] shall be formulated in accordance with law.
Social Group Legal Persons shall set up organs of power such as general membership assemblies or representative assemblies.
Social Group Legal Persons shall establish councils and other such implementation bodies. Council presidents, committee chiefs, and other such responsible parties are to follow the legal person's charter in serving as the legally-designated representative.
Article 92:Foundations, social service organizations and so forth, that possess the conditions for legal personhood and were set up by a donation for a public interest purpose, obtain credentials as an Endowed Legal Person upon registering their establishment in accordance with law.
Where religious activity sites established in accordance with law have the capacity to become legal persons, they may apply to register as a legal person and obtain certification as an endowed legal person. Where laws and administrative regulations have provisions on religious activity sites, those provisions control.
Article 93:Articles of incorporation [a charter] shall be drafted in setting up an Endowed Legal Person.
Endowed Legal Persons shall set up councils, democratic management organizations and other such decision-making bodies, and set up implementation bodies. The council president and other responsible persons serve as legally-designated representatives in accordance with the articles of incorporation.
Endowed Legal Persons shall establish a board of supervisors and other supervisory bodies.
Article 94:Donors have the right to make inquiries to an Endowed Legal Person about how their donation was used and how it is being managed and offer opinions and suggestions concerning this; the Endowed Legal Person shall respond to such inquires in a timely and truthful fashion.
Where Endowed Legal Persons' decision-making bodies, implementation bodies, or legally-designated representatives' procedures for making decisions violate laws, administrative regulations, or the legal person's charter; or the content of a decision violated the legal person's charter; the donor and other stakeholders, or the competent organ, may request the people's court revoke the decision, but civil relationships established by good faith counterparts with the Endowed Legal Person are not impacted.
Article 95:When non-profit legal persons established for a public interest purpose are terminated, they must not distribute remaining assets to funders, founders, or members. Remaining assets shall be used for a public interest purpose in accordance with the legal persons' charter or a resolution of the rights holding body; where there is no way to dispose of them in accordance with the legal person's charter or a resolution of the rights holding body, the competent authority presides over their transfer to a legal person with the same or similar directive, and this is to be disclosed to the public.
Section 4: Special Legal Persons
Article 96:Government Organ Legal Persons, Rural Collective Economic Organization Legal Persons, Urban Rural Cooperative Economic Organization Legal Persons, and Basic-Level Mass Autonomous Organization Legal Persons as provided for in this section, are special legal persons.
Article 97:Organs that have independent funding and legally prescribed bodies that bear administrative functions possess credentials as a government organ legal person from the date they are established, and may engage in civil activities necessary for the performance of their functions.
Article 98:Where Government Organ Legal Persons are revoked and the legal person terminated, their civil rights and obligations are enjoyed and borne by the Government Organ Legal Persons that succeed them; and where there is no successor Government Organ Legal Person, they are enjoyed and borne by the Government Organ Legal Person that made the revocation decision.
Article 99:Rural collective economic organizations obtain credentials as legal persons in accordance with law.
Where laws and administrative regulations have provisions on rural collective economic organizations, follow those provisions.
Article 100:Urban and rural cooperative economic organizations obtain credentials as legal persons in accordance with law.
Where laws and administrative regulations have provisions on urban rural cooperative economic organizations, follow those provisions.
Article 101:Residents committees or villagers committees posses credentials as basic level mass autonomous organization legal persons, and may engage in civil activities as necessary for the performance of their functions.
Where rural collective economic organizations have not been set up, villagers committees may act for the functions of a rural collective economic organization.
Chapter IV: Unincorporated Organizations
Article 102:Unincorporated organizations are organizations that do not have credentials as a legal person but can engage in civil activity in their own name.
Unincorporated organizations include individual independent enterprises, partnerships, professional service establishments that do not qualify as legal persons, and so forth.
Article 103: Unincorporated organizations shall register in accordance with provisions of law.
Where the law or administrative regulations provides that the establishment of an unincorporated organization requires the approval of relevant organizations, follow those provisions.
Article 104: Where the assets of unincorporated organizations are not sufficient to pay off debts, their investors or founders bear unlimited liability. Where the law provides otherwise, follow those provisions.
Article 105: Unincorporated organizations may designate 1 or several persons to represent that organization in engaging in civil activities.
Article 106: In any of the following circumstances, the unincorporated organization is dissolved:
(1) The period for existence provided in the charter is completed or other incidents calling for dissolution provided in the charter manifest.
(2) investors or founders make a decision for dissolution;
(3) Other situations provided by law.
Article 107:Where non-legal person organizations dissolve, they shall conduct a liquidation in accordance with law.
Article 108:In addition to applying this chapter, the relevant provisions of Chapter III, Section 1 of this law may be applied to unincorporated organizations by reference.
Chapter V: Civil Rights
Article 109:Natural persons' physical liberty and human dignity are protected by law.
Article 110:Natural persons enjoy the right to life, body rights, the right to health, name rights, image rights, reputation rights, honor rights, privacy rights, the right to marital autonomy and other such rights.
Legal persons and unincorporated organizations enjoy name rights, reputation rights, honor rights and other such rights.
Article 111:The personal information of natural persons is protected by law. Where any organization or individual needs to obtain someone else's personal information, they shall obtain it in accordance with law and ensure information security; they must not unlawfully collect, use, process, or transfer the personal information of others, and must not unlawfully buy, sell, provide or disclose others' personal information.
Article 112:Natural persons' personal rights produced through marital and familial relationships are protected by law.
Article 113:Civil entities' property rights receive equal protection of law.
Article 114:Civil entities enjoy property rights in accordance with law.
Property rights are the rights holders' rights to direct control and exclusivity over specified objects, including ownership rights, usage rights, and the right to use as collateral.
Article 115:Property rights include both real estate and personal property. Where the law provides for an object of property rights, follow those provisions.
Article 116:The type and content of property rights are provided by law.
Article 117:Where real or personal property is expropriated or requisitioned as needed for the public good and in accordance with the legally prescribed scope of authority and procedures, fair and reasonable compensation shall be given.
Article 118:Civil entities enjoy creditor rights in accordance with law.
Creditors rights are the right of the rights holder to request a specified obligor to do or not do certain acts, that result from contract, tortious conduct, negotiorum gestio, unjust enrichment or other provisions of law.
Article 119:Contracts established in accordance with law have binding legal effect on the parties.
Article 120:Where civil rights and interests are encroached upon, the victim has the right to request that the infringer bear liability for the infringement.
Article 121:Persons carrying out management so as to avoid harm to the interests of others, where there have no legally prescribed or agreed upon obligation, have the right to request that the beneficiaries repay necessary expenses they paid out.
Article 122:Where unjust profits are acquired because others lacked a legal basis, persons suffering losses have the right to request they return the unjust profits.
Article 123:Civil entities enjoy intellectual property rights in accordance with law.
Intellectual property rights are the rights holders exclusive rights over the following objects:
(1) works;
(2) inventions, new utility models, designs;
(3) trademarks;
(4) geographical indications;
(5) Commercial secrets；
(6) Integrated Circuit Designs;
(7) new varieties of plants;
(8) Other objects provided for by laws and regulations.
Article 124:Natural persons enjoy the right of inheritance.
The lawful, privately-owned assets of natural persons, may be inherited in accordance with law.
Article 125:Civil entities enjoy stock rights and other investment rights in accordance with law.
Article 126:Civil entities enjoy other civil rights and interests as provided by law.
Article 127:Where the law has provisions on the protection of data or online virtual assets, follow those provisions.
Article 128:Where the law has special provisions on the civil rights of minors, the elderly, persons with disabilities, women, consumers, and so forth, follow those provisions.
Article 129:Civil rights may be obtained on the basis of matters provided for in civil juristic acts, factual acts, legal provisions or by other methods provided by law.
Article 130:Civil entities exercise civil rights according to their own wishes, without interference.
Article 131:When civil entities exercise rights, they shall perform obligations provided by law or agreed upon by the parties.
Article 132:Civil entities must not abuse civil rights to harm the national interest, the societal public interest, or the lawful rights and interests of others.
Chapter VI: Civil Juristic Acts
Section 1: Ordinary Provisions
Article 133: Civil juristic acts are conduct in which civil entities establish, modify, or terminal legal civil relationships through an expression of intent.
Article 134:Civil juristic acts may be established based on consistent expressions of intent by two or several sides, and may also be established by a unilateral expression of intent.
Where resolutions are made by legal persons and unincorporated organizations through the deliberation and voting procedures in accordance with provisions of law or their charter, that resolution is established.
Article 135:Civil juristic acts may employ written, oral, or other forms; where a specific form is provided for in laws or administrative regulations, or where the parties have agreed on a specific form, that form shall be employed.
Article 136:Civil juristic acts take effect when established, exept where laws or agreements of the parties hold otherwise.
The actor must not modify or rescind civil juristic acts of their own accord, without being in accordance with legal provisions or without the consent of the other parties.
Section 2: Expression of Intent
Article 137:When the expression of intent is done through a dialogue, it becomes effective when the counterpart knows the content.
Where expression of intent is through non-interactive methods, it is effective on the date it reaches the counterpart. Where the counterpart has designated a specific system for receiving digital data documents, non-interactive expressions of intent made through digital data documents are effective from the date on which they enter that system; where a specific system has not be designated, the digital data document takes effect when the counterpart knows or should know that it has entered their system. Where the parties agree otherwise on the effective time for an expression of meaning in the form of a data message, follow their agreement.
Article 138:Where there is no expression of intent from the counterpart, the expression is effective when completed. Where the law provides otherwise, follow those provisions.
Article 139:Where intent is expressed through a public announcement, it is effective from the time of the announcement.
Article 140:An actor may express or imply an intention.
Silence may only be viewed as an expression of intent as provided by law, as agreed upon by the parties, or where it conforms with the custom of transactions between the two parties.
Article 141 :Actors may withdraw an expression of intent. The notification of a withdrawal of expression of intent shall reach the counterpart before or at the same time as the expression of intent.
Article 142:Interpretation of expressions of intent where there is a counterpart shall be in accordance with the terms they use, taken together with the nature, purpose, and custom of the relevant articles and acts, and the principle of good faith, to determine the meaning of the expression of intent.
Interpretation of expressions of intent where there is no counterpart, cannot be fully constrained to the use of terms, but shall be taken together with the nature, purpose, and custom of the relevant articles and acts, and the principle of good faith, to determine the actors true meaning.
Section 3: The Efficacy of Civil Juristic Acts
Article 143:Civil jurisitic acts with the following conditions are effective:
(1) the actor has the corresponding capacity for civil conduct;
(2) the intention expressed is genuine;
(3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144:Civil juristic acts performed by persons without capacity for civil conduct are void.
Article 145 :Civil juristic acts, carried out by persons with limited capacity for civil conduct carrying, that are purely in their interest or are appropriate for their age, intellect, and mental health state, are effective; other civil juristic acts they carry out are effective upon the consent, or subsequent ratification, of their legally-designated agents.
The counterpart may urge the legally-designated agent to give subsequent ratification within one month of receiving notification. Where the legally-designated agent does not respond, it is viewed as a refusal to ratify. Before civil legal acts are subsequently ratified, good faith counterparts have the right of revocation. Revocations shall be made by notification.
Article 146:Civil juristic acts carried out by false expressions of intent by actors and counterparts are void.
The validity of civil juristic acts concealed by a false expression of intent is handled in accordance with relevant legal provisions.
Article 147:The actor has the right to request that a court or arbitration body revoke civil juristic acts carried out on the basis of major misunderstandings,
Article 148:The defrauded party has the right to request that a people's court or arbitration body revoke civil juristic acts carried out in circumstances where one party used fraud to make the other party go against their real intentions
Article 149:The defrauded party has the right to request that a people's court or arbitration body revoke civil juristic acts carried out in situations where a third party commits fraud causing a party to go against their true intentions and the other party knows or should know of the fraudulent conduct,
Article 150:The coerced party has the right to request a people's court or arbitration body revoke civil juristic acts carried out in circumstances where one party, or a third party, used coercive means, causing a party to go against their true intentions.
Article 151:The injured party has the right to request a people's court or arbitration body revoke civil juristic acts where one party exploits the other parties distressed state and lack of judgment, resulting in the establishment of a civil juristic act that is clearly unfair.
Article 152:In any of the following circumstances, the right of rescission is extinguished:
(1) Where the right of revocation is not exercised within one year of the date on which a party knew or should have known of the grounds for revocation, or within 3 months of the date on which a substantially mistaken party knew or should have known of the grounds for revocation;
(2) The coerced party has not exercised the right of revocation within one year of the coercive acts concluding;
(3) A party clearly expresses, or clearly indicates through their own conduct, that they forfeit their rights, after knowing of grounds for revocation.
Where parties have not exercised the right of revocation within 5 years of the civil juristic act taking effect, the right of revocation is extinguished.
Article 153:Civil juristic acts that violate mandatory provisions of law or administrative regulations are void, unless that mandatory provision does not void that civil juristic act.
Civil juristic acts that violate public order and good custom are void.
Article 154:Where there was malicious collusion between the actor and counterpart harming to the legitimate rights and interests of others, the legal juristic acts are void.
Article 155:Civil juristic acts that are void or revoked have no legal binding force ab initio.
Article 156:Where a part of civil juristic acts is void, but do not impact the force of the other portions, the other portions remain effective.
Article 157:Where civil juristic acts are void, revoked, or after they are determined to not take effect, assets acquired by actors due to that conduct shall be returned; where they cannot be returned, or there is no need to return them, compensation is made in cash. A party with fault shall compensate the other party for the harm it caused; where all parties have fault, they shall each bear the corresponding liability. Where the law provides otherwise, follow those provisions.
Section 4: Conditions and Time Limits for Civil Juristic Acts
Article 158:Civil juristic acts may have conditions attached, except where they must not have conditions attached by their nature. Civil juristic acts that have effective conditions attached, are effective when the conditions are achieved. Civil juristic acts with release conditions become ineffective when the condition is achieved.
Article 159:Where civil juristic acts have conditions attached and a party improperly stops the conditions from being achieved for their own interest, it will be viewed as the condition being achieved; where they improperly push the condition's achievement, it is viewed as the condition not being achieved.
Article 160:Civil juristic acts may have time limits attached, except where they must not have time limits attached by their nature. Civil juristic acts with time limits on their taking effect will take effect at the completion of that time period. Civil juristic acts with time limits for their termination, cease to have effect at the completion of that time period.
Chapter VII: Agency
Section 1: Ordinary Provisions
Article 161:Civil entities may perform civil juristic acts through agents.
Civil juristic acts that shall be carried out by the persons themselves in accordance with the provisions of law, agreement of the parties, or the nature of the civil juristic act, must not be done through an agent.
Article 162:Civil juristic acts carried out by agents in the name of the principal and within the scope of their power of agency are effective for the principal.
Article 163:Agency includes retained agency and legally-prescribed agency.
Retained agents exercise powers of agency in accordance with the principal's retention. Legally-designated agents exercise the powers of agency in accordance with provisions of law.
Article 164:Where an agent does not perform or does not completely perform their duties, causing harm to the principal, they shall bear civil liability.
Where agents maliciously collude with counterparts, harming the lawful rights and interests of the principal, the agent and the counterpart shall bear joint liability.
Section 2: Assigning Agency
Article 165:The authorization for retention of an agent shall be in written form, and the authorization document shall clearly state the full name or business name of the principal; the matters, scope of authority, and time period for the agency; and be signed by the principal or have their seal affixed.
Article 166:Where there are several agents for the same agency matter, they shall jointly exercise powers of agency, except as otherwise agreed upon by the parties.
Article 167:Where agents know or should know that the matter of the agency is unlawful but still carry out acts of agency, or where the principal knows or should know that the agent's acts of agency are unlawful but does not express opposition, the principal and agent shall bear joint liability.
Chapter 168:Agents must not carry out civil juristic acts with themselves in the principal's name. except where the principal consents or subsequently ratifies it.
Agents must not carry out civil juristic acts in the name of the principal with another person they are representing at the same time; except where both principals consent or subsequently ratify it.
Article 169 :Where agents need to transfer the agency to a third person, they shall obtain the consent or subsequent ratification of the principal.
Where the principal consents to or subsequently ratifies a transfer of agency, the principal may directly give instructions to the retained third party on the matter of the agency, and the agent only bears civil liability for selection of the third party and instructions given to the third party.
Where the transfer of agency is not consented to or subsequently ratified by the principal, the agent shall bear liability for the acts of the third party, except in emergency circumstances where it was necessary to transfer agency so as to preserve the principal's interests
Article 170 :Civil juristic acts carried out in the name of legal persons or unincorporated organizations by their personnel in carrying out work tasks within the scope of their authority for that legal person or unincorporated organization, are effective [binding] for that legal person or unincorporated organization.
Restrictions placed by legal persons or unincorporated organizations on the scope of authority of their staff personnel in performing tasks, must not be used against a good faith counterpart.
Article 171:Where actors carry out acts of agency despite not having powers of agency, beyond their power of agency, or after the agency is terminated, they are not effective against the principal, where the principal does not subsequently ratify them.
The counterpart may urge the principal to subsequently ratify for one month after they receive the notification. Where the principal does not respond, it is viewed as a refusal to ratify. Good faith counterparts have the right to revocation before acts carried out by the actor are subsequently ratified. Revocations shall be made by notification.
Where acts carried out by actors are not subsequently ratified, good faith counterparts have the right to request the actor perform obligations or request compensation from the actors for harms suffered, but the scope of compensation must not exceed the benefits that the counterpart might have obtained when the principal subsequently ratified the acts.
Where the counterpart knew or should have known that the actor had no power of agency, the counterpart and the actor bear responsibility in accordance with their respective fault.
Article 172:Where the actor carries out acts of agency without having the rights of agency, exceeding the powers of agency or after the agency has concluded, and the concerned persons had reason to believe that the actor had agency rights, the acts of agency are valid.
Section 3: Termination of Agency
Article 173:In any of the following circumstances, the agency is terminated:
(1) The period of agency is completed or the matters of the agency are finished;
(2) the principal cancels the retention or agent quits the representation;
(3) the agent loses capacity for civil conduct;
(4) the agent or principal dies;
(5) the legal person or unincorporated organizations that are the principals are terminated.
Article 174 :In any of the following circumstances after the principal dies, the acts of the retained agent are effective:
(1) The agent did not know, nor should have known, that the principal had died;
(2) The principal's heirs acknowledge the conduct;
(3) It was specified at the time of authorization that the agency was to terminated when the matters of the agency were concluded;
(4) It was already completed when the principal died, and representation continues for the benefit of the principal's heirs.
Where the principal a legal person or an unincorporated organization and is terminated, apply the provisions of the preceding paragraph by reference.
Article 175 :In any of the following situations, the legal representation is terminated:
(1) The principal acquires or regains full capacity for civil conduct;
(2) the agent loses capacity for civil conduct;
(3) the agent or principal dies;
(4) Other situations provided by law.
Chapter VIII: Civil Liability
Article 176 :Civil entities bear civil liability in accordance with provisions of law and as agreed upon by the parties, for performance of civil obligations.
Article 177 :Where two or more persons bear proportional liability, and the size of the liability can be determined, each bears the corresponding liability; where it is difficult to determine the size of liability, they bear responsibility equally.
Article 178:Where two or more persons bear joint liability, the rights holder has the right to request some or all of those jointly liable to bear responsibility.
The share of the liability among jointly liable persons is determined according to the size of their respective responsibility; and where it is difficult to determine the size of their responsibility, they bear liability equally. Where the liability actually borne exceeds their share of joint responsibility, they have the right to seek compensation from other jointly liable persons.
Joint liability is by legal provision or agreement of the parties.
Article 179: The primary methods of bearing civil liability are:
(1) stopping infringement;
(2) removal of obstructions;
(3) the elimination of dangers;
(4) restitution of assets;
(5) restoration of original conditions;
(6) repairing, remaking, or replacing;
(7) continuing performance;
(8) Compensating losses;
(9) payment of liquidated damages;
(10) eliminating impact and restoring reputation;
(11) formal apology.
Where the law provides for punitive compensation, follow those provisions.
The methods of bearing civil liability provided in this law may be applied independently or in combination.
Article 180:Civil liability is not borne where performance is not possible due to force majeure. Where the law provides otherwise, follow those provisions.
Force majeure is an objective situation which is unforeseeable, unavoidable and insurmountable.
Article 181:Civil liability is not borne where harm is caused by justified defense.
If justified defense exceeds the limits of necessity and causes undue damage, the justified defender shall bear appropriate civil liability.
Article 182:Where damage is caused in urgent avoidance of danger [ie due to necessity]; the persons who created the danger bear civil liability.
Where the danger was brought on by natural causes, the persons avoiding danger do not bear civil liability, but may give appropriate compensation.
Where the measures taken to avoid urgent danger are improper, or exceed the limits of necessity, and cause undue harm, the person avoiding urgent danger shall bear appropriate civil liability.
Article 183:Where one suffers harm in trying to protect the civil rights and interests of others, the tortfeasor bears civil liability, and the beneficiary may give appropriate compensation. Where there is no tortfeasor, the tortfeasor has fled or is unable to bear civil liability, and the victim demands compensation, the beneficiary shall give appropriate compensation.
Article 184:Where voluntarily carrying out emergency assistance causes harm to the person receiving assistance, the aider does not bear civil liability.
Article 185:Those who infringe upon the name, likeness, reputation, or honor of a hero, martyr, and so forth, harming the societal public interest, shall bear civil liability.
Article 186:Where acts in breach of contract by one party harm the other party's rights in their person or property, the injured party has the right to choose whether to request they bear liability for breach of contract or for torts.
Article 187:Where civil entities should bear civil, administrative, and criminal liability for the same conduct; their bearing criminal or administrative liability does not impact their bearing civil liability; where the civil entity's assets are insufficient to make payment, priority is is given to bearing the civil liability.
Chapter IX: Limitations Period for Litigation
Article 188:The limitations period for applying to the people's courts for protection of civil rights is 3 years. Where the law provides otherwise, follow those provisions.
The limitations period for litigation is calculated from the day on which the rights holder knows or should know that their rights have been violated and know of the obligor. Where the law provides otherwise, follow those provisions. However, where more than twenty years have passed since the violation of rights, the people's courts will not provide protection, where there are special circumstances, the people's courts may extend this upon application of the rights-holder.
Article 189:Where the parties have agreed to performance of a single debt in installments, the limitations period for litigation is calculated from the date on which the final installment period concludes.
Article 190:The limitations period for litigation demands by a person lacking or with limited capacity for civil activity against their legally-designated agents is calculated from the date on which that agency is terminated.
Article 191: The limitations period for litigation demands on compensation for sexual violations of a minor are calculated from the date on which the victim turns 18 years old.
Article 192:Where the limitations period is completed, the obligor may raise a defense of nonfeasance.
Where the obligor agrees to perform after the limitation period for litigation is completed, they must not use the completion of the limitations period as a defense; where the obligor is willing to perform, restitution must not be demanded.
Article 193:The people's courts must not proactively apply the provisions on limitations periods.
Article 194:Where a demand cannot be made due to the following obstacles in the last 6 months of the limitations period, the limitations period is suspended:
(1) Force majeure;
(2) A person lacking or with limited capacity for civil action did not have a legally-designated agent or their legally-designated agent died, lost capacity for civil action, or lost the right of representation:
(3) After inheritance begins, heirs or executors have not been determines;
(4) Where the rights holder is controlled by the obligor or another person;
(5) Other obstacles that make it so that the rights holder is unable to exercise their right to make demands.
The limitations period is completed six months after the reasons for the suspension of the limitations period have been eliminated.
Article 195:In any of the following situations, the limitations period is suspended and is calculated anew from the date on which the suspension and relevant procedures are concluded:
(1) The rights holder requests performance from the obligor;
(2) The obligor agrees to perform the obligation;
(3) The rights holder raises a lawsuit or applies for arbitration;
(4) Other circumstances with the same efficacy as raising a lawsuit or applying for arbitration.
Article 196:The limitations period does not apply to the following claims:
(1) demands to stop infringement, remove obstructions, or eliminate dangers;
(2) Claims for restitution byt he rights holder of property rights in real estate and registered personal property;
(3) Claims for payment of child support, alimony, or mainenance;
(4) Other claims that do not apply the limitations period in accordance with law.
Article 197:Where the law makes provisions on the method of calculating the limitations period for litigation, as well as for grounds for its suspension or interruption, agreements between the parties are void.
Parties' anticipatory renunciations of benefits from the limitations period are void.
Article 198:Where the law has provisions on the limitations period for arbitration, follow those provisions, where there are no provisions, apply the provisions on the limitations period for litigation.
Article 199:The duration of rights that are provided for in law or agreed upon by the parties such as the right of revocation or the right of rescission, unless otherwise provided by law, is calculated from the date on which the rights holder knows or should have known the right existed, and provisions on suspension, interruption, and extensions of the limitations period for litigation are not applied. When the duration is completed, the rights of revocation, rescission, and so forth, are extinguished.
Chapter X: Calculation of Time Periods
Article 200:Dates used in the civil law follow are calculated according to Gregorian calendar years, months, days, and hours.
Article 201:When calculating periods according to years, months, days, that day is not counted, and calculations begin from the following day.
Where periods are calculated by hours, the calculation begins at the time provided by law or agreed upon by the parties.
Article 202:Where periods are calculated by years and months, the corresponding day in the final month is the final day ; where there is no corresponding day, the end of the month is the last day.
Article 203:Where the final day is a legal holiday, the day after the end of the legal holiday is the final day of the period.
The period concludes at 24:00 on the final day; where there are hours of operation, the period concludes at the time for stopping operations.
Article 204:Time periods are calculated in accordance with the methods provided in this law, except where the law provides otherwise or the parties have agreed otherwise.
Chapter XI: Supplementary Provisions
Article 205:As used in the Civil Law, "above", "below [up to]", "within" and "at the completion of", include that number; "not yet", "beyond [exceeding]", and "outside of", do not include the number itself.
Article 206:This Law shall take effect on October 1, 2017.