Civil Code - Natural Person

(The following clauses are selected from The Civil Code of the People’s Republic of China translated by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited.)

Article 13 From birth to death, a natural person shall have the capacity for civil rights, be accorded with civil rights benefit, and perform civil obligations according to law.

Article 14 All natural persons shall be equal in their capacities for civil rights.

Article 15 The time of birth or death of a natural person shall be the time recorded in their certificate of birth or death or household registration, or any other valid identity registration in the absence of a certificate of birth or death. Where there is any other evidence sufficient to prove that the time recorded above is incorrect, the time proven by such evidence shall prevail.

Article 16 For the purpose of protecting the interests of a fetus in inheritance or acceptance of gifts, the fetus shall be deemed to have the capacity for civil rights; provided, however, that a stillborn fetus shall have no capacity for civil rights ab initio.

Article 17 Adult means any natural person who has attained to the age of 18 years. Minor means a natural person who has not attained to the age of 18 years.

Article 18 An adult shall be a person with the full capacity for civil acts and may perform civil juristic acts independently.

A minor who has attained to the age of 16 years shall be deemed a person with the full capacity for civil acts if their source of livelihood is earned mainly through their own work.

Article 19 A minor who has attained to the age of 8 years shall be a person with limited capacity for civil acts and shall be represented in performing civil juristic acts, or their civil juristic acts shall be subject to the consent or ratification, by their legal representative; provided, however, that such a minor may independently perform civil juristic acts solely beneficial to or commensurate with their age and intelligence.

Article 20 A minor who has not attained to the age of 8 years shall be a person without capacity for civil acts and shall be represented in performing civil juristic acts by their legal representative.

Article 21 An adult who is not capable of understanding the nature of their acts shall be a person without capacity for civil acts and shall be represented in performing civil juristic acts by their legal representative.

The provisions of the preceding paragraph shall also be applicable to any minor who has attained to the age of 8 years but is not capable of understanding the nature of their acts.

Article 22 An adult who is not capable of fully understanding the nature of their acts shall be a person with limited capacity for civil acts and shall be represented in performing civil juristic acts, or their civil juristic acts shall be subject to the consent or ratification, by their legal representative; provided, however, that such an adult may independently perform civil juristic acts solely beneficial to or commensurate with their age and intelligence.

Article 23 A guardian of a person without capacity or with limited capacity for civil acts shall act as the legal representative of such person.

Article 24 An interested party or a competent entity of an adult not capable of understanding or fully understanding the nature of their acts may file a petition with the people's court for a determination that the adult is a person without capacity or with limited capacity for civil acts.

An adult determined by the people's court as a person without capacity or with limited capacity for civil acts, or an interested party or a competent entity of the adult, may file a petition with the people's court for a re-determination that the adult is a person with limited capacity or the full capacity for civil acts based on the recovery of the adult's intelligence and mental conditions.

For the purpose of this Article 24, a competent entity may be a residents' or villagers' committee, school, college, medical institution, women's federation, disabled persons' federation, legally established entity for the elderly, or civil affairs authority.

Article 25 The residence address recorded in a natural person's household registration or any other valid identity registration, or habitual residence, if it is not the same as the residence address, shall be the natural person's domicile.

Section 2 Guardianship

Article 26 Parents shall raise, educate, and protect their minor children.

Adult children shall support, assist and protect their parents.

Article 27 Parents shall be the guardians of their minor children.

Where both parents of a minor are deceased or unqualified for guardianship, any of the following individuals or entities qualified for guardianship shall act as the guardian of the minor in the following order:

(1) grandparents or grandparents-in-law of the minor;

(2) elder siblings of the minor; or

(3) any other individuals or entities willing to act as the minor's guardian upon the approval of the residents' or villagers' committee in the place where the minor's domicile is located or the competent civil affairs authority.

Article 28 Any of the following individuals or entities qualified for guardianship of an adult without capacity or with limited capacity for civil acts shall act as the guardian of the adult in the following order:

(1) spouse of the adult;

(2) parents or children of the adult;

(3) any other close relatives of the adult; or

(4) any other individuals or entities willing to act as the adult's guardian upon the approval of the residents' or villagers' committee in the place where the adult's domicile is located or the competent civil affairs authority.

Article 29 Parents who act as the guardians of their children may appoint a guardian by a will.

Article 30 Individuals legally qualified for guardianship may appoint one of themselves as the guardian by an agreement; provided, however, that respect shall be paid to the true intention of the ward in reaching an agreement.

Article 31 In case of any dispute over the designation of a guardian, a guardian shall be appointed by the residents' or villagers' committee in the place where the adult's domicile is located or the competent civil affairs authority, in which case an interested party may file a petition with the people's court to appoint a guardian if it refuses to accept the appointment, or the people's court may directly appoint a guardian upon a petition by an interested party.

When a guardian is appointed, the residents' or villagers' committee, civil affairs authority, or the people's court shall respect the true intention of the ward and appoint an individual legally qualified for guardianship and in the best interests of the ward as the guardian.

Where the personal or property rights or other legitimate rights or interests of the ward are unprotected before a guardian is appointed in accordance with the first paragraph of this Article 31, the residents' or villagers' committee in the place where the adult's domicile is located, the competent civil affairs authority, or any other competent entity specified by law, shall act as the temporary guardian of the ward.

Any appointed guardian shall not be replaced without approval and shall not be exempted from the duties as the guardian in case of replacement without approval.

Article 32 Where no individual is legally qualified for guardianship of a ward, the competent civil affairs authority, or the residents' or villagers' committee in the place where the ward's domicile is located, which satisfies the conditions for performing the duties as the guardian, shall act as the guardian of the ward.

Article 33 An adult with the full capacity for civil acts may enter into a written guardianship agreement through negotiation with a close relative or any other individual or entity willing to act as their guardian to appoint such close relative, individual, or entity to perform the duties as the guardian in case of the adult's loss or partial loss of the capacity for civil acts.

Article 34 A guardian shall represent the ward in performing civil juristic acts and protect the ward's personal and property rights and other legitimate rights and interests.

The rights of a guardian arising from or relating to the performance of the duties as the guardian according to law shall be protected by law.

A guardian shall be held liable according to law in case of its failure to perform the duties as the guardian or infringement upon the legitimate rights or interests of the ward.

Where a guardian is temporarily unable to perform the duties as the guardian due to an emergency or any other urgent situation and the daily life of the ward is left unattended, the residents' or villagers' committee in the place where the adult's domicile is located or the competent civil affairs authority shall arrange temporary caretaking measures necessary for the ward.

Article 35 A guardian shall perform its duties as the guardian in the best interests of the ward. A guardian shall not dispose of the property of the ward except for the purpose of safeguarding the interests of the ward.

The guardian of a minor shall respect the true intention of the ward when making any decision related to the interests of the ward, taking into consideration the ward's age and intelligence.

The guardian of an adult shall respect the true intention of the ward to the maximum extent and ensure that the ward performs, and assist the ward in performing, civil juristic acts commensurate with the ward's intelligence and mental conditions. A guardian shall not interfere in any issue that the ward is capable of handling independently.

Article 36 Upon a petition by an interested individual or entity, the people's court may revoke the appointment of the original guardian, arrange temporary guardianship measures necessary for the ward, and appoint another guardian in the best interests of the ward if the original guardian:

(1) commits any act which causes material damage to the physical or mental health of the ward;

(2) delays in performing, or fails to perform, the duties as the guardian and refuses to entrust all or part of the duties to any other person, which results in a precarious state for the ward; or

(3) commits any other act which causes material damage to the legitimate rights or interests of the ward.

For the purpose of this Article 36, an interested individual or entity may be any other individual legally qualified for guardianship, a residents' or villagers' committee, school, college, medical institution, women's federation, disabled persons' federation, minors protection organization, legally established entity for the elderly, or civil affairs authority.

Where no petition has been filed to the people's court by any individual or entity specified in the preceding paragraph, other than the competent civil affairs authority, in a timely manner for the revocation of the appointment of a guardian, the civil affairs authority shall file a petition for the same purpose.

Article 37 A parent, child, or spouse legally obligated to pay child, parental, or spousal maintenance to the ward shall continue to perform the obligation of payment after their appointment as a guardian has been revoked by the people's court.

Article 38 A ward's parent or child whose appointment as a guardian has been revoked by the people's court may file a petition with the people's court for restoration of their guardianship unless the guardian committed an intentional crime against the ward. Where the people's court is confirmed that the guardian does show genuine repentance, it may restore their guardianship, where appropriate, with due respect to the true intention of the ward, thereafter the guardianship relationship appointed by the people's court shall be terminated forthwith.

Article 39 A guardianship relationship shall be terminated if:

(1) the ward obtains or restores the full capacity for civil acts;

(2) the guardian becomes incapable of performing the duties as the guardian;

(3) the ward or the guardian is deceased; or

(4) the people's court determines that it is proper to terminate the guardianship relationship in any other case.

Where guardianship is still necessary for the ward upon the termination of the guardianship relationship, another guardian shall be appointed according to law.

Section 3 Declaration of Presumed Death or Missing Status

Article 40 Where the whereabouts of a natural person have been unknown for 2 years, an interested party may file a petition with the people's court for a declaration of the missing status of such natural person.

Article 41 The period of unknown whereabouts of a natural person shall be counted from the date on which the person was last seen or heard from. Where the whereabouts of a natural person become unknown during the war, the period of unknown whereabouts shall be counted from the date on which the war ends or the whereabouts of the natural person become unknown as confirmed by the competent authority.

Article 42 The property of a missing person shall be placed under the guardianship of their spouse, adult children, parents, or any other person willing to act as the guardian of the property.

In case of any dispute over the property guardianship, or in the absence of a person specified in the preceding paragraph, or if all the persons specified in the preceding paragraph are incapable of performing the duties as the property guardian, the property shall be placed under the guardianship of a person designated by the people's court.

Article 43 The property guardian shall properly manage the property and safeguard the property rights and interests of the missing person.

The outstanding taxes, debts, and other costs and expenses payable by the missing person shall be paid by the property guardian out of the missing person's property.

In case of damage to or loss of the property of the missing person due to the intention or gross negligence of the property guardian, the property guardian shall be held liable for compensation.

Article 44 In case of the property guardian's failure to perform the duties as the property guardian, infringement upon the property rights or interests of the missing person, or loss of the capability to perform the duties as the property guardian, an interested party of the missing person may file a petition with the people's court for replacement of the property guardian.

The property guardian may, for due cause, file a petition with the people's court for replacement of the property guardian.

In case of replacement of a property guardian by the people's court, the new property guardian may request the new property guardian to surrender possession and report the condition of the property under guardianship in a timely manner.

Article 45 Where a missing person reappears, the people's court shall revoke the declaration of the missing status of such person upon a petition by such missing person or an interested party.

A person who reappears after the declaration of their missing status may request the property guardian to surrender possession and report the condition of the property under guardianship in a timely manner.

Article 46 An interested party may file a petition with the people's court for a declaration of the presumed death of a natural person:

(1) whose whereabouts have been unknown for 4 years; or

(2) whose whereabouts have been unknown for 2 years due to an accident.

Where the whereabouts of a natural person have been unknown due to an accident, the petition for a declaration of the presumed death of such person shall not be subject to the 2-year limit if it is proven by the competent authority that the person is unlikely to survive the accident.

Article 47 Where petitions for declarations of presumed death and missing status of the same natural person are both filed by interested parties, the people's court shall declare the presumed death of such person in any of the cases for a declaration of presumed death specified in this Code.

Article 48 Where a declaration of the presumed death of a natural person is issued by the people's court, the date of the issuance of the declaration, or the date of the accident due to which the whereabouts of such person become unknown, shall be deemed the date of the death of such person.

Article 49 A declaration of the presumed death of a natural person who is still alive shall be without prejudice to the validity of the civil juristic acts performed by such person during the period of their presumed death.

Article 50 Where a person whose presumed death has been declared reappears, the people's court shall revoke the declaration upon a petition by such missing person or an interested party.

Article 51 The marriage relationship of a person whose presumed death has been declared shall be terminated on the date of the declaration. Where the declaration of the presumed death of a natural person is revoked, their marriage relationship shall be restored automatically on the date of the revocation, unless their spouse has been remarried or delivers a written statement of refusal to the marriage registration authority.

Article 52 Where a child of a person whose presumed death has been declared is adopted according to law during the period of their presumed death, the person shall not, after the declaration of their presumed death is revoked, claim that the adoption is invalid without their consent.

Article 53 Upon the revocation of the declaration of their presumed death, the person shall be entitled to claim restitution of their property, or appropriate compensation if restitution is infeasible, from any individual or entity who has obtained their property in accordance with TITLE SIX of this Code.

Where an interested party obtains the property of a person by concealment which results in a declaration of the presumed death of such person, the interested party shall be held liable for the losses incurred to such person arising therefrom, in addition to restitution of the property obtained from such person.

Section 4 Individual Business and Rural Tenant Household

Article 54 Individual business means any business engaged in industrial or commercial operation managed by and in the name of natural persons and registered according to law. Any individual business may have a business name.

Article 55 Rural tenant household means any household as a member of a rural collective economic organization, legally granted the right to contract and manage rural land, and engaged in the operation of tenancy of land for agriculture according to law.

Article 56 The debts of an individual business shall be paid out of the property of the individuals operating the business or the property of the family if such family operates the business or the property of the business is indistinguishable between the family and its members.

The debts of a rural tenant household shall be paid out of the property of the family operating the tenancy, or the property of the family members operating the tenancy.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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