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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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  (4) If a party has possession of the other party s property according to contract and the other party violates the contract by failing to pay a required sum of money within the specified time limit, the possessor shall have a lien on the property and may keep the retained property to offset the debt or have priority in satisfying his claim out of the proceeds from the sale of the property pursuant to relevant legal provisions.
  Article 90
  Legitimate loan relationships shall be protected by law.
  Article 91
  If a party to a contract transfers all or part of his contractual rights or obligations to a third party, he shall obtain the other party s consent and may not seek profits therefrom. Contracts which according to legal provisions are subject to state approval, such as transfers, must be approved by the authority that originally approved the contract, unless the law or the original contract stipulates otherwise.
  Article 92
  If profits are acquired improperly and without a lawful basis, resulting in another person s loss, the illegal profits shall be returned to the person who suffered the loss.
  Article 93
  If a person acts as manager or provides services in order to protect another person s interests when he is not legally or contractually obligated to do so, he shall be entitled to claim from the beneficiary the expenses necessary for such assistance.
  Section 3 Intellectual Property Rights
  Article 94
  Citizens and legal persons shall enjoy rights of authorship (copyrights) and shall be entitled to sign their names as authors, issue and publish their works and obtain remuneration in accordance with the law.
  Article 95
  The patent rights lawfully obtained by citizens and legal persons shall be protected by law.
  Article 96
  The rights to exclusive use of trademarks obtained by legal persons, individual businesses and individual partnerships shall be protected by law.
  Article 97
  Citizens who make discoveries shall be entitled to the rights of discovery. A discoverer shall have the right to apply for and receive certificates of discovery, bonuses or other awards.
  Citizens who make inventions or other achievements in scientific and technological research shall have the right to apply for and receive certificates of honour, bonuses or other awards.
  Section 4 Personal Rights
  Article 98
  Citizens shall enjoy the rights of life and health.
  Article 99
  Citizens shall enjoy the right of personal name and shall be entitled to determine, use or change their personal names in accordance with relevant provisions. Interference with, usurpation of and false representation of personal names shall be prohibited. Legal persons, individual businesses and individual partnerships shall enjoy the right of name. Enterprises as legal persons, individual businesses and individual partnerships shall have the right to use and lawfully assign their own names.
  Article 100

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