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| GENERAL PRINCIPLES OF THE CIVIL LAW OF PRC |
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| http://www.dffy.com 2003-3-20 17:31:25 来源：东方法眼 |
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The party that breaches a contract shall be liable for compensation equal to the losses consequently suffered by the other party.
The parties may specify in a contract that if one party breaches the contract it shall pay the other party a certain amount of breach of contract damages; they may also specify in the contract the method of assessing the compensation for any losses resulting from a breach of contract.
Article 113
If both parties breach the contract, each party shall bear its respective
civil liability.
Article 114
If one party is suffering losses owing to the other party s breach of contract, it shall take prompt measures to prevent the losses from increasing; if it does not promptly do so, it shall not have the right to claim compensation for the additional losses.
Article 115
A party s right to claim compensation for losses shall not be affected by
the alteration or termination of a contract.
Article 116
If a party fails to fulfil its contractual obligations on account of a higher authority, it shall first compensate for the losses of the other party or take other remedial measures as contractually agreed and then the higher authority shall be responsible for settling the losses it sustained.
Section 3 Civil Liability for Infringement of Rights
Article 117
Anyone who encroaches on the property of the state, a collective or another person shall return the property; failing that, he shall reimburse its estimated price. Anyone who damages the property of the state, a collective or another person shall restore the property to its original condition or reimburse its estimated price. If the victim suffers other great losses therefrom, the infringer shall compensate for those losses as
well.
Article 118
If the rights of authorship (copyrights), patent rights, rights to exclusive use of trademarks, rights of discovery, rights of invention or rights for scientific and technological research achievements of citizens or legal persons are infringed upon by such means as plagiarism, alteration or imitation, they shall have the right to demand that the infringement be stopped, its ill effects be eliminated and the damages be
compensated for.
Article 119
Anyone who infringes upon a citizen s person and causes him physical injury shall pay his medical expenses and his loss in income due to misse working time and shall pay him living subsidies if he is disabled; if the victim dies, the infringe shall also pay the funeral expenses, the necessary living expenses of the deceased s dependents and other such
expenses.
Article 120
If a citizen s right of personal name, portrait, reputation or honour is infringed upon, he shall have the right to demand that the infringement be stopped, his reputation be rehabilitated, the ill effects be eliminated and an apology be made; he may also demand compensation for losses. The above paragraph shall also apply to infringements upon a legal person s right of name, reputation or honour.
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本文关键词：民法通则
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