China: civil, commercial and family law.
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Civil, commercial and family law of the PRC, VA SUGIBIN, 2007
GENERAL DESCRIPTION OF THE CURRENT STATUS OF THE LAW OF FOREIGN COUNTRIES 8
CHINA - GREAT COUNTRY 11
CIVIL LAW
PEOPLE'S REPUBLIC OF CHINA 12
Constitution of the PRC
About 17 civil relations
GENERAL CIVIL RIGHTS's Republic of China 22
REPRESENTATION 28
OWNERSHIP OF PROPERTY
AND PROPERTY RIGHTS RELATED TO THE RIGHT
Ownership of property 30
Liability law 33
THE RIGHT of intellectual property 34
PERSONAL RIGHTS 34
CIVIL LIABILITY FOR BREACH OF CONTRACT 35
Civil liability for breach of Rule 35
METHODS (species) CIVIL LIABILITY 37
Application of legislation in civil relations with foreign countries 38
PRC Law "On the Treaty" 40
GENERAL PROVISIONS 41
Validity of the contract 45
AMENDMENT AND ASSIGNMENT 46
Termination of contractual rights and obligations 47
LIABILITY FOR BREACH OF CONTRACT 48
CONTRACT OF SALE 49
The carriage of goods 50
CONTRACT COMBINED SHIPPING 50
LAW "foreign trade", 1994, amended in 2004. 50
LAW "About" 57
INDUSTRIAL BONDS 63
Foreign affiliates 65
LAW "on Enterprise Bankruptcy" 67
The Law "On enterprises with 100% foreign capital" 68
The Law "On joint stock enterprise" 70
TERMS OF ACTIVITY representative offices of foreign law firms in China 72
The Law "On guarantees" 77
GUARANTEE 77
GUARANTEE 81
DEPOSIT 85
The Law "On insurance" of 1995 AMENDED 2002 85
AGREEMENT property insurance 89
Life insurance contracts 91
INSURANCE COMPANY 92
TERMS OF REFERENCE OF INSURANCE ACTIVITIES 93
Insurance agents and insurance brokers 94
The Law "On commercial banks' 95
Appendix 1 99
CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA (Excerpt) 99
Annex 2
GENERAL CIVIL RIGHTS 105
PEOPLE'S REPUBLIC OF CHINA 105
SECTION 1. GENERAL PRINCIPLES 105
SECTION 2. Citizens (natural persons) 106
CHAPTER 2. CARE 107
CHAPTER 3. ANNOUNCEMENT missing and dead 109
CHAPTER 4 110 individual enterprises
Industry and Trade Contracting farming in the countryside 110
CHAPTER 5. PRIVATE PARTNERSHIPS 110
SECTION 3. LEGAL ENTITIES 111
CHAPTER 1. GENERAL ESTABLISHMENT 111
CHAPTER 2 COMPANIES 112
CHAPTER 3. INSTITUTIONS, business entities and 114-GOVERNMENTAL ORGANIZATIONS
CHAPTER 4 ASSOCIATION 114
SECTION 4 CIVIL LEGAL ACTION AND REPRESENTATION 115
CHAPTER 1: CIVIL LEGAL ACTION 115
CHAPTER 2 REPRESENTATION 116
SECTION 5 CIVIL RIGHTS 119
PAVA 1. OWNERSHIP OF PROPERTY
AND PROPERTY RIGHTS RELATED TO THE RIGHT
Ownership of property 119
CHAPTER 2 Obligations Act 122
CHAPTER 3. THE RIGHT of intellectual property 125
CHAPTER 4: PERSONAL RIGHTS 125
SECTION 6 CIVIL LIABILITY 126
CHAPTER 1. GENERAL ESTABLISHMENT 126
CHAPTER 2 CIVIL LIABILITY FOR BREACH OF CONTRACT 127
CHAPTER 3 CIVIL LIABILITY FOR VIOLATION OF 128
Chapter 4. WAYS OF CIVIL LIABILITY 131
SECTION 7. LIMITATION OF ACTIONS 131
SECTION 8. The application of legislation in civil relations with foreign countries 132
SECTION 9. Supplementary Provisions 133
Annex 3135
ZAKONKITAYSKOY PEOPLE'S REPUBLIC ON CONTRACTS 135
CONTENTS 135
GENERAL 136
CHAPTER 1. GENERAL PROVISIONS 136
CHAPTER 2. CONTRACT 137
Chapter 3. The validity of the contract 142
CHAPTER 4. ENFORCEMENT OF THE AGREEMENT 145
CHAPTER 5. AMENDMENT AND ASSIGNMENT 149
Chapter 6. TERMINATION contractual rights and obligations 151
CHAPTER 7 RESPONSIBILITY FOR BREACH OF CONTRACT 153
Chapter 8. OTHER ESTABLISHMENT 156
SPECIAL PART 158
CHAPTER 9. CONTRACT OF SALE 158
§ 3. contract of carriage 164
Annex 4167
PRC Law "On joint stock enterprise" 167
Annex 5172
The Law "On commercial banks' 172
Chapter I. General Provisions 172
Chapter II. Institutions and organizations of a commercial bank 174
CHINA - GREAT COUNTRY 11
CIVIL LAW
PEOPLE'S REPUBLIC OF CHINA 12
Constitution of the PRC
About 17 civil relations
GENERAL CIVIL RIGHTS's Republic of China 22
REPRESENTATION 28
OWNERSHIP OF PROPERTY
AND PROPERTY RIGHTS RELATED TO THE RIGHT
Ownership of property 30
Liability law 33
THE RIGHT of intellectual property 34
PERSONAL RIGHTS 34
CIVIL LIABILITY FOR BREACH OF CONTRACT 35
Civil liability for breach of Rule 35
METHODS (species) CIVIL LIABILITY 37
Application of legislation in civil relations with foreign countries 38
PRC Law "On the Treaty" 40
GENERAL PROVISIONS 41
Validity of the contract 45
AMENDMENT AND ASSIGNMENT 46
Termination of contractual rights and obligations 47
LIABILITY FOR BREACH OF CONTRACT 48
CONTRACT OF SALE 49
The carriage of goods 50
CONTRACT COMBINED SHIPPING 50
LAW "foreign trade", 1994, amended in 2004. 50
LAW "About" 57
INDUSTRIAL BONDS 63
Foreign affiliates 65
LAW "on Enterprise Bankruptcy" 67
The Law "On enterprises with 100% foreign capital" 68
The Law "On joint stock enterprise" 70
TERMS OF ACTIVITY representative offices of foreign law firms in China 72
The Law "On guarantees" 77
GUARANTEE 77
GUARANTEE 81
DEPOSIT 85
The Law "On insurance" of 1995 AMENDED 2002 85
AGREEMENT property insurance 89
Life insurance contracts 91
INSURANCE COMPANY 92
TERMS OF REFERENCE OF INSURANCE ACTIVITIES 93
Insurance agents and insurance brokers 94
The Law "On commercial banks' 95
Appendix 1 99
CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA (Excerpt) 99
Annex 2
GENERAL CIVIL RIGHTS 105
PEOPLE'S REPUBLIC OF CHINA 105
SECTION 1. GENERAL PRINCIPLES 105
SECTION 2. Citizens (natural persons) 106
CHAPTER 2. CARE 107
CHAPTER 3. ANNOUNCEMENT missing and dead 109
CHAPTER 4 110 individual enterprises
Industry and Trade Contracting farming in the countryside 110
CHAPTER 5. PRIVATE PARTNERSHIPS 110
SECTION 3. LEGAL ENTITIES 111
CHAPTER 1. GENERAL ESTABLISHMENT 111
CHAPTER 2 COMPANIES 112
CHAPTER 3. INSTITUTIONS, business entities and 114-GOVERNMENTAL ORGANIZATIONS
CHAPTER 4 ASSOCIATION 114
SECTION 4 CIVIL LEGAL ACTION AND REPRESENTATION 115
CHAPTER 1: CIVIL LEGAL ACTION 115
CHAPTER 2 REPRESENTATION 116
SECTION 5 CIVIL RIGHTS 119
PAVA 1. OWNERSHIP OF PROPERTY
AND PROPERTY RIGHTS RELATED TO THE RIGHT
Ownership of property 119
CHAPTER 2 Obligations Act 122
CHAPTER 3. THE RIGHT of intellectual property 125
CHAPTER 4: PERSONAL RIGHTS 125
SECTION 6 CIVIL LIABILITY 126
CHAPTER 1. GENERAL ESTABLISHMENT 126
CHAPTER 2 CIVIL LIABILITY FOR BREACH OF CONTRACT 127
CHAPTER 3 CIVIL LIABILITY FOR VIOLATION OF 128
Chapter 4. WAYS OF CIVIL LIABILITY 131
SECTION 7. LIMITATION OF ACTIONS 131
SECTION 8. The application of legislation in civil relations with foreign countries 132
SECTION 9. Supplementary Provisions 133
Annex 3135
ZAKONKITAYSKOY PEOPLE'S REPUBLIC ON CONTRACTS 135
CONTENTS 135
GENERAL 136
CHAPTER 1. GENERAL PROVISIONS 136
CHAPTER 2. CONTRACT 137
Chapter 3. The validity of the contract 142
CHAPTER 4. ENFORCEMENT OF THE AGREEMENT 145
CHAPTER 5. AMENDMENT AND ASSIGNMENT 149
Chapter 6. TERMINATION contractual rights and obligations 151
CHAPTER 7 RESPONSIBILITY FOR BREACH OF CONTRACT 153
Chapter 8. OTHER ESTABLISHMENT 156
SPECIAL PART 158
CHAPTER 9. CONTRACT OF SALE 158
§ 3. contract of carriage 164
Annex 4167
PRC Law "On joint stock enterprise" 167
Annex 5172
The Law "On commercial banks' 172
Chapter I. General Provisions 172
Chapter II. Institutions and organizations of a commercial bank 174
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