Civil Procedure Law – Cases for Determination of Incapacity or Limited Capacity for Civil Acts

(The following clauses are selected from The Civil Procedure Law of the People's Republic of China authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)

Article 194 An interested party or a competent entity of an individual may file a petition with the lowest people's court in the jurisdiction where the domicile of the individual is located to determine that the individual is a person without capacity or with limited capacity for civil acts.

The petition shall state the fact that the individual has no capacity or has limited capacity for civil acts and the basis therefor.

Article 195 After accepting a petition to declare an individual as a person without capacity or with limited capacity for civil acts, the people's court shall, where necessary, make an expert appraisal of the individual who is requested to be declared as a person without capacity or with limited capacity for civil acts. Where the petitioner has provided expert opinions, the expert opinions shall be reviewed.

Article 196 In a case in which a people's court determines whether an individual is a person without capacity or with limited capacity for civil acts, the individual shall be represented by a close relative, other than the petitioner, of the individual. Where no close relative is willing to represent the individual, the people's court shall appoint one of them as the individual's representative. If feasible considering the health conditions of the individual, the people's court shall consult him before appointing a representative.

After a trial, the people's court shall make a decree that the individual is a person without capacity or with limited capacity for civil acts if it holds that the petition has a factual basis, or make a decree to dismiss the petition if it holds that the petition has no factual basis.

Article 197 Where an individual who has been determined as a person without capacity or with limited capacity for civil acts, an interested party, or a competent entity files a petition proving that the cause for the individual's incapacity or limited capacity for civil acts has been eliminated, the people's court shall make a new decree and vacate the original decree.