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GENERAL PRINCIPLES OF THE CIVIL LAW OF PRC

http://www.dffy.com 2003-3-20 17:31:25 来源:东方法眼

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  If the principal s consent is not obtained in advance, the matter shall be reported to him promptly after the transfer, and if the principal objects, the agent shall bear civil liability for the acts of the transferee; however, an entrusted agency transferred in emergency circumstances in order to safeguard the principal s interests shall be excepted.
  Article 69
  An entrusted agency shall end under any of the following circumstances:
  (1) when the period of agency expires or when the tasks entrusted are completed;
  (2) when the principal rescinds the entrustment or the agent declines the entrustment;
  (3) when the agent dies;
  (4) when the principal loses his capacity for civil conduct; or
  (5) when the principal or the agent ceases to be a legal person.
  Article 70
  A statutory or appointed agency shall end under any of the following circumstances:
  (1) when the principal gains or recovers capacity for civil conduct;
  (2) when the principal or the agent dies;
  (3) when the agent loses capacity for civil conduct;
  (4) when the people s court or the unit that appointed the agent rescinds the appointment; or
  (5) when the guardian relationship between the principal and the agent ends for other reasons.

  Chapter V Civil Rights
  Section 1 Property Ownership and Related Property Rights
  Article 71
  "Property ownership" means the owner s rights to lawfully possess, utilize, profit from and dispose of his property.
  Article 72
  Property ownership shall not be obtained in violation of the law.
  Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements, the ownership of property obtained by contract or by other lawful means shall be transferred simultaneously with the property itself.
  Article 73
  State property shall be owned by the whole people.
  State property is sacred and inviolable, and no organization or individual shall be allowed to seize, encroach upon, privately divide, retain or destroy it.
  Article 74
  Property of collective organizations of the working masses shall be owned collectively by the working masses. This shall include:
  (1) land, forests, mountains, grasslands, unreclaimed land, beaches and other areas that are stipulated by law to be under collective ownership;
  (2) property of collective economic organizations;
  (3) collectively owned buildings, reservoirs, farm irrigation facilities and educational, scientific, cultural, health, sports and other facilities; and (4) other property that is collectively owned.
  Collectively owned land shall be owned collectively by the village peasants in accordance with the law and shall be worked and managed by village agricultural production cooperatives, other collective agricultural economic organizations or villages committees. Land already under the ownership of the township (town) peasants collective economic organizations may be collectively owned by the peasants of the township (town). Collectively owned property shall be protected by law, and no

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