The Civil Law in China
regulates all civil activities and has the purpose to protect the rights and interests of citizens as well as to manage civil relations between civil subjects - legal persons and citizens in China.
The general principles of the Civil Law are divided into nine chapters that include basic principles, the legal framework concerning the citizen (or natural person), legal persons, civil rights, civil liability, limitation of action, the application of law in civil relations with foreigners in China and supplementary provisions.
Natural and legal persons in China
A Chinese citizen has civil rights from birth to death. All citizens are considered equals and have to assume civil obligations according to law. Any citizen over the age of 18 is considered an adult. Minors are considered to have a limited capacity for civil conduct. The Chinese Civil Law also regulates the guardianship of children and the declarations for missing persons and death.
Legal persons in China are defined as organizations with civil capacity, civil rights and civil obligations. A legal person must have an appointed legal representative who acts on behalf of its name and with the purpose of exercising its functions and powers. Our Chinese lawyers
can give you detailed information about the types of legal entities in China
that qualify as legal persons.
Civil rights and civil liability in China
The Chinese Civil Law
establishes the basic framework for property ownership and the related property rights. According to law, state property is inviolable and there are also special regulations for collective ownership in China. Our Chinese attorneys
can tell you more about the provisions for property purchase
for foreigners and the limitations thereof.
The rights of a creditor in China as well as the obligations of a debtor are established by the same legislative document. Intellectual property rights
, such as copyrights, patents trademarks and others are also defined in the Civil Law.
Civil liability applies in China when citizens and legal persons breach a contact or fail to fulfill their contractual obligations. Liability for these types of breaches, as well as for the infringement of rights is established in Chapter VI, Sections II and III of the Chinese Civil Law.
If you want to know more about laws in China, as well as basic information about the court system
, you can request the help of our Chinese lawyers. Our law firm in China
can help you with legal representation.