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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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  Article 19
  A person who shares interests with a mental patient may apply to a people s court for a declaration that the mental patient is a person without or with limited capacity for civil conduct.
  With the recovery of the health of a person who has been declared by a people s court to be without or with limited capacity for civil conduct, and upon his own application or that of an interested person, the people s court may declare him to be a person with limited or full capacity for
  civil conduct.
  Section 3 Declarations of Missing Persons and Death
  Article 20
  If a citizen s whereabouts have been unknown for two years, an interested person may apply to a people s court for a declaration of the citizen as missing.
  If a person s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war.
  Article 21
  A missing person s property shall be placed in the custody of his spouse, parents, adult children or other closely connected relatives or friends.
  In case of a dispute over custody, if the persons stipulated above are unavailable or are incapable of taking such custody, the property shall be placed in the custody of a person appointed by the people s court. Any taxes, debts and other unpaid expenses owed by a missing person shall defrayed by the custodian out of the missing person s roperty.
  Article 22
  In the event that a person who has been declared missing reappears or his whereabouts are ascertained, the people s court shall, upon his own application or that of an interested person, revoke the declaration of his missing-person status.
  Article 23
  Under either of the following circumstances, an interested person may apply to the people s court for a declaration of a citizen s death:
  (1) if the citizen s whereabouts have been unknown for four years or
  (2) if the citizen s whereabouts have been unknown for two years after the date of an accident in which he was involved.
  If a person s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall begin on the final day of the war.
  Article 24
  In the event that a person who has been declared dead reappears or it is ascertained that he is alive, the people s court shall, upon his own application or that of an interested person, revoke the declaration of his death.
  Any civil juristic acts performed by a person with capacity for civil conduct during the period in which he has been declared dead shall be valid.
  Article 25
  A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen or organization that has obtained such property in accordance with the Law of Succession shall return the original items or make appropriate compensation if the original items no longer exist.
  Section 4 Individual Businesses and Leaseholding Farm Households

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