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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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  Citizens shall enjoy the right of portrait.
  The use of a citizen s portrait for profit without his consent shall be prohibited.
  Article 101
  Citizens and legal persons shall enjoy the right of reputation. The personality of citizens shall be protected by law, and the use of insults, libel or other means to damage the reputation of citizens or legal persons shall be prohibited.

  Article 102
  Citizens and legal persons shall enjoy the right of honour. It shall be prohibited to unlawfully divest citizens and legal persons of their
  honorary titles.
  Article 103
  Citizens shall enjoy the right of marriage by choice. Mercenary marriages, marriages upon arbitrary decision by any third party and any other acts of interference in the freedom of marriage shall be prohibited.
  Article 104
  Marriage, the family, old people, mothers and children shall be protected by law. The lawful rights and interests of the handicapped shall be protected by law.
  Article 105
  Women shall enjoy equal civil rights with men.

  Chapter VI Civil Liability
  Section 1 General Stipulations
  Article 106
  Citizens and legal persons who breach a contract or fail to fulfil other obligations shall bear civil liability.
  Citizens and legal persons who through their fault encroach upon state or collective property or the property or person of other people shall bear civil liability. Civil liability shall still be borne even in the absence of fault, if the law so stipulates.
  Article 107
  Civil liability shall not be borne for failure to perform a contract or damage to a third party if it is caused by force majeure, except as otherwise provided by law.
  Article 108

  Debts shall be cleared. If a debtor is unable to repay his debt immediately, he may repay by instalments with the consent of the creditor or a ruling by a people s court. If a debtor is capable of repaying his debt but refuses to do so, repayment shall be compelled by the decision of a people s court.
  Article 109
  If a person suffers damages from preventing or stopping encroachment on state or collective property, or the property or person of a third party, the infringer shall bear responsibility for compensation, and the beneficiary may also give appropriate compensation.
  Article 110
  Citizens or legal persons who bear civil liability shall also be held for administrative responsibility if necessary. If the acts committed by citizens and legal persons constitute crimes, criminal responsibility of their legal representatives shall be investigated in accordance with the law.
  Section 2 Civil Liability for Breach of Contract
  Article 111
  If a party fails to fulfil its contractual obligations or violates the term of a contract while fulfilling the obligations, the other party shall have the right to demand fulfillment or the taking of remedial measures and claim compensation for its losses.
  Article 112

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