Civil Law Ⅰ Concept and basic principles of Civil Law Ⅱ Civil Subjects Ⅲ Civil Juristic Acts and Agencies Ⅳ Civil Rights Ⅴ Civil Liabilities and Statute.
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Civil Law Ⅰ Concept and basic principles of Civil Law Ⅱ Civil Subjects Ⅲ Civil Juristic Acts and Agencies Ⅳ Civil Rights Ⅴ Civil Liabilities and Statute of Limitations Ⅵ Optional Introduction of Civil Law
Contents ⅰ Concept and Features of Civil Law ⅱ Basic principles of Civil Law ⅲ Civil Legal Relationship
Concept and features of Civil Law Concept of Civil Law Basic principles of Civil Law Civil Law shall regulate propetty and personal relationships between citizens,between legal persons and between citizens and legal persons on an equal basis Civil Law shall regulate social relationgships between equal parties Civil Law shall regulate property and personal relationships Civil Law is closer to social and economical communications than other legal branches ⅰ Concept and Features of Civil Law
Basic principles of Civil Law Principle of Equality Principle of Voluntariness and Fairness Principle of Honesty and Credibility Legitimate civil rights and iInterests of citizens and legal persons shall be protected Principle of Prohibition of Civil Right Abuse ⅱ Basic principles of Civil Law
ⅲ Civil Legal Relationship A.Concept and Features of Civil Legal Relationship B.The Key Elements of Civil Legal Relationship C. Civil Fact of Law
concept “Civil Lega Relationship “means that social relations involving civil rights and obligations regulated by Civil Law Regulations. Features Social relations involving civil rihts and obligations Base on relevant Civil Legal Norms Realization of social relations is secured by forcing power of nation A.Concept and Features of Civil Legal Relationship
B.The Key Elements of Civil Legal Relationship 1 、 Subjects Parties enjoy civil rights and bear civil obligations in Relations of Civil Law. 2 、 Objects The objects are referred by civil rights and civil obligations consistently. 3 、 Contens The civil rights and civil obligations are affirmed by law between parties.
C.Facts of Civil Law Facts of Civil Law means objective situations that cause the establishing,changing and terminating Civil Law Relations. Facts of Civil Law Affair Conduct Objective appearances are not swayed by the will of parties Legitimate acts aim at the result of civil legal relations Illegitimate acts for the purpose of establishing, changing or terminating Civil relations
Contents Natural Persons Legal Persons Other Organizations except Legal Persons Special forms of civil subjects
A.The Capacity for Civil Rights “The capacity for civil rights”means the law intitle civil subjects with qualifications to enjoy civil rights and bear civil obligations. ⅰ natural persons
Civil Rights Civil Obligations bear enjoy Capacity for Civil Rights Unity of Qualifications
“A citizen shall have the capacity for civil rights from birth to death,and enjoy civil rights and bear civil obligations in accordance with the law.”(Article 9, )
If the citizen’s whereabouts have been unknown for four years;or 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 calculations of the time period in which his wherabouts are unknown shall begin on the date the war is over.
Capacity for Civil Conduct of nature persons Full capacity for civil conduct Limitied capacity for civil conduct Without capacity for civil conduct A citizen aged 18 or over shall be an adult.He shall have full capacity for civil conduct,and be able to independently engage in civilactivities. A citizen aged 16 and 18 and whose own labor is the main source of his income shall be regarded as a person with full capacity for Civil conduct. A minor aged 10 or over or a mentally ill person not responsible for his own actions shall be a person with limited capacity for civil conduct. A minor aged under 10 shall be a personhaving no capacity for civil conduct and shall be represented by his agent ad litem in civil activities.A mentally ill person not responsible for his own actions shall be a person without capacity for civil conduct and shall be representedby his agent ad litem in civil activities.
A.Guardianship “Guardianship”means the system that A guardian fulfill his duty of guardinaship and protect the person,property and other legitimate rights and interests of ward of a person with limited capacity fo civil law or a person without capacity fo civil conducnt.
1.A Minor’s Guardians Parents Paternal or maternal grandparents Elder brother or sister Any other closely con- nected relative or friend who is willing to bear the responsibilities of guardianship and has obtained approval from the work unit of the minor’s parents or the neighborhood or village committee in the palace of the minor’s residence If none of the persons listed in the next two paragraphs of this is available to be the Guardian,the work unit(s) of the minor’s parents,the neighborhood or village com- mittee or the civil affairs department in the place of the minor’s residence shall act as the guardians. If the parents of a Minor are dead or lace the Competence to be his guardians
A mentally ill person without capacity for civil conduct or with limmited capacity for civil conduct Spouse Parent Adult child Any other near relative Any other close relative or friend who is willing to bear the responsibility of guardianship and has obtained approvalfrom the work unit to which the mentally ill person belongs or from the neighborhoodor village committee in the place of his residence.
3 、 The duty fullied by a guardian ●Protect the person,property and other legitimate rights and interest of his ward. ●The ward shall perform civil juristic acts and litigious activities through agents. ●Make compensation for the property losses caused by the ward. A people’s court may revoke the qualifica- tion for guardianship in response to an appli- cation by a party or work unit concerned.
ⅰ Legal Persons A legal person shall be an organiazation that has the capacity fo civil rights and civil conduct,and independently enjoys civil rights and bear civil obligations in accor- dance with the law.
A.Conditions of A Legal Person 1.Being established in accordance with the law; 2.Possessing the necessary property or funds; 3.Possessing its own name,organization and premises;and 4.Being able to independently bear civil liabilty.
B.Legal person’s Capacity for Civil Rights &Capacity for Conduct 1 、 Capacity for Civil Rights “ Legal Person’s capacity for civil rights”means that a legal person has the qualification of carrying on the civil activity, enjoying civil rights and bearing obligations. A legal person’s capacity for civil rights and civil conduct shall begin when the legal person status is established and shall end when that status terminates.
2 、 Legal person’s civil conduct “ legal person's civil conduct”means the qulification that a legal person carry on civil activities with one's own behavior, enjoy rights and bear obligations. The legal person's civil conduct&civil rights occurred and terminate at the same time,its content is totally unanimous too.
3 、 Legal Representatives The legal representative means according to the law or the regulation of legal person's memorandum of association, director exercising authority on behalf of the legal person. The legal representatives of the organ, group, enterprise, public institution, should be a principal director of this unit; Can be regarded as a legal representative by the director of position of a deputy without principal.
C.The Classifications of Legal Persons The classification in
Enteprises As Legal Persons Press the shape of organizing limited liability company （ wholly state-owned company ） company limited by shares according to economic nature Legal person of state-owned enterprise Legal person of collective ownship enterprise Sino-foreign joint venture Legal person of sino-foreign cooperative enterprise or foreign-invested enterprise Other Enterprises except enterprises as Legal persons Offical Organs Institutions as legal perssons Social Organizations as Legal Person
ⅲ Other Orgniazations “Other organizations except legal person organizes” can be called establishes legally, there are certain organization and property, but does not possess the organization of legal personality
A. The types of other organizations B. Individual Partnership ▲ “Individual partnership”means that two or more citizens operate a business together by respectively providing funds,articles,technologies,and so on,in accordance with an agreement.
▲features: a.Two or more natural persons provide funds and sign the agreement of partnership each; b.The partner must manage, work together; c.Property accumulated in a partenership Operationg shall belong to all the partners. d.Partners shall undertake joint liability for Their partnership’s debts.
ⅳ Special forms of civil subjects A.Individual Businesses And Leaseholding Farm Households 1 、 Individual Businesses Citizens who engage in industrial or Commercial operations within the scope Permitted by law and with approval and Registration in accordance with the law Shall be considered individual business.
2 、 Leaseholding Farm Households Members of rural collective economic Organization who transact commodities according to the stipulation of contracts and within the scope permmited by law shall be considered leaseholding households.
B.Economic Associations Association is a organizational form of horizontal joint venture between enterprises or between enterprises, public institution, in order to achieve certain economic purpose. Association must take voluntary, equality, mutual benefit as the principle.
ⅰ Civil Juristic Acts A civil juristic act shall be the legitimate act of a citizen or legal person for the purpose of establishing,changing or terminating civil rights and obligations.
1 、 conditions that the civil juristic act is established A.The Condition That The Civil Juristic Act is Established And Form of Civil Juristic Act The actor has relevant capacity for civil conduct The intention expressed is genuine The act is not in violation of laws or the public interest
2.Form of Civil Juristic Act show clearly tacit declaration written forms oral forms feasance nonfeasance
（二） Null and Void Civil Acts and Legal Effect 1 、 Kind of Null and void Civil Acts Those performed by aperson whithout capacity for civil conduct Those which can not be independently performed by a person with limited capacity for civil conduct accord- ing law Those performed by a person against his true intetions as a result of cheating,coercion or exploitation of his unfavorable position by another party Those performed through malicious collusion and detrimental to the interests of the State,a collective or a third party Those in violation of laws or the public interest Those performed under the guise of legitimate acts but concealing illegitimate purpose
2.Revocable Civil Acts seriously misundersood the contents of acts obviously unfair Contract acts performed by a person against his true intentions as a result of cheating, coercion or exploitationof his unfafvorable position by another party
3 、 Legal Effects Civil acts which are null and void and rescinded civil acts shall have no legal force from the very beginning. Ones that have not fulfilled yet, can't fulfil ; Fulfilling, an actor should stop fulfilling immediately, and is being undertaken one's own civil liability separately by both parties according to different situations ： a.Return the property b.Make the compensation c.Take over the property
ⅱ Agencies A.Introduction 1 、 The Concept of Agency Agency means a legal system that agent perform civil juristic act indepently with third person in the name of the principal within the scope of the agent’s power, therefore the legal result produced is belonged to the agent's directly.
2 、 Features of Agency Features Agent shall perform civil juristic act in the name of the principal The agency must be a behavior with legal significance Agent shall perform civil juristic act withinthe scope of the agent’s power The principal shall bear the civil liabilityfor the agent’s acts
Agency Statutory agency Entrustd agency Appointed agency A statutoury agent shall exercise the power of agency in accordance with the prescriptions of the law An entrusted agent shall exercise the power of agency according to the authorization of the principal An appointed agent shall exercise the power of agency in accordance with the designations of a people’s court or the appointing unit B.Kind of Agency
C.Unauthorized Agency and Abuse of the Power of Agency 1 、 Restricted Unauthorized Agency “ Unauthorized agency” means the agency performed by the agent without authorization in the name of others 。
2 、 agency by estoppel It means that although actor has no authorized agency, his behavior makes the third party in good faith sure that the agency has been authorized and carry on action with the agent,which is regulated that the agent shall bear effects of law.
Elements of agency by estoppel an actor without the power of agency Unauthorzied agent has phase of making in objectively believe its reason with agency to people counterpart must be good-meaning and irreproachable civil act performed by counterpart or unauthorized agent formally accord with effective condition of legal act and external characteristic of agency
3 、 Abuse of the Power of Agency “ Abuse of the Power of Agency” means the violate action that the agent utilizes facility of agency and damages agent’s interests or public interests,etc.
Abuse of the Power of Agency a.An agent perform civil acts with himself in the name of the principal b. The agent perform civil acts for both sides or multipartite parties c.The agent perform civil acts with other persons through Malicious and detrimental to the interests of a third party d.The agent perform civil acts in violation of laws or the Public interest.
D.Termination of Agency “Termination of Agency” is that the agent relation is eliminated because of a certain juristic fact the reason why entrusted agency is terminated a.The period of agency has expired or the tasks entrusted are completed b.The principal rescinds the entrustment or the agent declines the entrustment c.The agent has died d.The agent has lost his capacity for civil conduct e.The principal or the agent has lost legal person status
the reason why A statutory or appointed agency is teminated a.The principal has gained or recovered capacity for civil conduct b.The principal or agent has died c.The agent has lost his capacity fo civil conduct d.The people’s court or the unit that appointed the agent rescinds the appointment d.The guardian relationship between the principal and the agent has ended for other reasons
Contents ⅰ Classifications of Civil Right ⅱ Real Right ⅲ Creditor’s Rights ⅳ Personal Rights
ⅰ Classifications of Civil Right classification absolute right and relative right right of control and right of claim right of formationg and right of defense
ⅱ Real Right Real right means civil subject arrange their subject matter directly, enjoys exclusive right of interests.Real right is divided into jus in re propria and over the property of another. Jus in re propria is the ownership of the property; Over the property of property is the right of control and exclusive right enjoyed toward others' property of the civil subject,including usufructuary right and real rights for security mainly.
A.Ownership of Property The ownership of the property refers to people's enjoying occupying, use, the income and right punished to one's own property in accordance with the law. The ownership of the property is a core in the real right system.
1 、 contens of property ownership occupy Occupied by owenship Ocuupied by others except ownship In good faith In bad faith use income disposal exercise by owner oneself or exercise by an agreement or law Usually,ony owner has the right of disposing, only if the owner can exercise the right of disposing by law or the owner’s agreement.
2 、 acquisition of ownership original acquisition derivative acquisition production fruits res nullius Acquire coercively accession deal barter bestowal Inherit and legatee
3 、 joint ownership Co-ownership by shares Common ownership Two or more natural persons or legal person enjoy rights and bear the obligation to the same property according to each share Two or more natural persons share the ownership of the same property because of a certain community life relation,
4.Neighboring Right To other owners’ neighboring real estate, owner, possessor or user of neighboring real estate enjoys a certain right of use or limitation, for the purpose of his own right.
In compliance with the spirit of helping producntion,roviding convenience for people’s daily lives,enhancing unity and mutual assistance,and being fair and resonable, neighboring users of real estate shall manitain proper neighborly relations over such matters as water supply,drainage,passage,ventilation and lighting.Those who cause obstruction or damage to their neighbors shall stop the infringment, eliminate the obstructions and pay compensation for damage.
B. Usufruct of Immovable Property The usufruct of immovable property refers to the rights of the use, income within the specific limits of others' property 。
Real Right Guaranteed usufruct of immovable property Cf. aim ： Aim at insuring the performance of debts Aim at using and incoming with the property feature ： dependency independency condition ： Demand to occupy the subject Do not demand to occupy the subject C. Real Right Guaranteed
Real Right Guaranteed Mortgage Pledge Lien Mortgage as used in this Law means that the debtor or a third party secures the creditor's rights with property without transference of itspossession. If the debtor defaults, the creditor shall be entitled to convert the property into money to offset the debts or have priority in satisfying his claim from the proceeds of auction or sale of the property in accordance with the provisions of this Law the debtor or a third party transfers the possession of his movables to the creditor as a security for debt. If the debtor defaults, the creditor shall, in accordance with the provisions of this Law, be entitled to convert the property into money as payment of the debt or enjoy priority of having his claim satisfied with the proceeds of auction or sale of the pledged property the creditor shall possess the debtor's movables according to the terms of the contract. If the debtor defaults on his debt, the creditor shall be entitled to retain the property in accordance with the provisions of this Law and to the priority of having the debt paid with the money converted from the property or proceeds from sale or auction of the property.
ⅲ Creditor’s Rights Creditor’Right is that in accordance with law or agreement, the specific right and obligation relation produce among party
A.Features of Debts a. The party of the debt is specific b. Occurrence of Debts can be in accordance with legal action. c. The fulfill of the right of the creditor shall be through relative & specific action performed by the debitor and also be with illegal activities ，
B. Cause of Debts a.Contract b.Torts c. Obligations arising from unjust enrichment d. obligations arising from voluntary sevice
C.The Termination of Obligation The obligations can be terminated by the following facts: a. Performance b. Dead of party c. Counteract d. Amalgamation of obligations e. Remission of obligations f. Drawing of obligations
D.Obligations Arising from Unjust Enrichment and Obligations Arising from Voluntary Service 1 、 Obligations arising from unjust enrichment All illegal profits shall be retured to the person who suffered the loss if profits are acquied improperly and without a lawful basis,which results in another person’s losses.
2.Obligations Arising from Voluntary Service Those who perform services for the purpose of averting loss to the interests of others without the obligations pre- scribed by law or stipulated by contrasts shall have the rights to demand that the beneficiaries pay the nessary fees.
ⅳ Personal Rights A.Concept and Features of Personal Rights It is that in accordance with law,the civil subject have the right without the content of property and can not be separated with his life and identity.
Features can not be seperated with personal It is an absolute right It has not the content of property
B.Categories of Personal Rights Personal Rights Right of Personality Rights of Personal Status Personality right is that each civil subject generally enjoy the personality not be infringed equally in accordance with law. It includes right of life,right of health,right of name,right of reputation,right of portrait,right of privacy,etc. Right produced because of specific identity relation of civil subjects.It includes paternal power,right of kinship,right of honor,etc.
Civil Liabilities Statute of Limitations Contents
A.Concept and Features of Civil Liabilities Civil liability is that the civil subject violates the civil obligation, infringe others' legitimate rights & interests and should bear the legal liablilities in accordance with civil law.
Characteristics It is mainly a kind of property liability It is mainly for losses of property It’s realization needn’t be with the aid of state organs it allows parties to resolve through consultation in accordance with the law
B.Torts 1 、 Concept of general torts It means actor trespasses to others’ property or right of the person and bears the civil liability of compensation to the victim.
2 、 elements of general torts a.Infringemengt of another persons right b.Damage c.Causation between act and damage d.Fault
Special Torts a. Infringing acts of officials of state organs in performance of their duty b. Damage to a person or it’s property casused by a difective product c. In general persons engaging in operations that are hazardous to the surrouding d. Pollution of enviroment causes damage to others e. Constructors for risks of construction f. Owners/operators of buildings g. Keepers of animals h. others
C.Methods of bearing civil liabilities a.Cessation of infringements; b.Removal of obstacles; c.Elimainate of dangers; d.Return of property; e.Restoration to original condition;
f.Repair,reworking or replacement; g.Compensation for losses; h.Payment for breach of contract; i.Elimination of bad influences and rehabilitation of reputation;and j.Making apologies.
ⅱ Statute of Limitations A.Concepts of Statute of limitations It means obligee do not exercise his own right in the legal time and the right to win a lawsuit eliminate in accordance with law.
categories B.The categories of statute of limitation ordinary limitation special limitation two years claim for compensation for bodily injuries one year Fraudulently passing off substanded goods delays in paying rent or refusal to pay rent loss of or damages to property left in the care of another person four years a dispute arising from a contract for the international sale of goods or a technology import or exportcontract
C.Statute of Limitation Begin: The statute of limitations shall be reckoned from the time when the person concerned knows or should know that his rights have been infringed upon.
suspension ： A restriction of action shall be suspended During the last six months of the limitation if the plaintiff fails to exercise his or her right of claim due to force majeure or other obstacles. The caculation of the restriction shall be restarted on the date when the cause of suspension was eliminated.
Discontinue ： If a lawsuit is brought or if one party makes a claim for or agree to fulfilment of obligations a restriction of action shall be discontinued.A new restriction shall start from the time of the discontinuance.
Extend the statute of limitations ： The people’s court can extend the statute of limitations under special circumstances that the obligee can not exercise his right of claim.
Contents ⅰ Contract Law ⅱ Intellectual Property Law ⅲ succession law Iv Marriage Law
Ⅰ 、 Contract Law A Contract is an agreement between natural persons,legal persons or other organizations with equal standing,for the purpose of establishing,altering,or discharging a relationship of civil rights and obligations.
ⅰ Features of Contracts Features of Contracts Legitimate acts between equal subjects The agreement of meeting of minds Contracts aim at incurrence, changing and termination of a relationship of civil rights and obligations.
B. Formation of Contracts 1 、 Forms of formation A contract is concluded by the exchange of an offer and an acceptance a.An Offer ： An offer is a party's manifestation of intention to enter into a contract with the other party. The one who makes an offer is the offeror while the one who receives it is the offeree.
Conditions for an offer Its terms are specific and definite. It indicates that upon acceptance by the offeree, the offeror will be bound thereby. An offer should be made by certain people. An offer should be made for the offeree who hope forming a contract An offer becomes effective when it reaches the offeree
b. Acceptance: An acceptance is the offeree's manifestation of intention to assent to an offer. Conditions for an acceptance Made by an offeree Made in a reasonable period The terms of the acceptance shall be identical to those of the offer. It is a manifest of assent of forming a contract The way of acceptance should be qualified with law.
2 、 Forms of Contract A contract may be made in a writing, in an oral conversation, as well as in any other form. A contract shall be in writing if a relevant law or administrative regulation so requires. A contract shall be in writing if the parties have so agreed.
3 、 Terms of contracts The terms of a contract shall be prescribed by the parties, and generally include the following: a. names of the parties and the domiciles thereof; b. subject matter; c. quantity; d. quality; e. price or remuneration; f. time, place and method of performance; i. liabilities for breach of contract; j. method of dispute resolution.
C. Validity of Contracts 1 、 Effectiveness of Contract a. A lawfully formed contract becomes effective upon its formation. Where effectiveness of a contract is subject to any procedure such as approval or registration, etc. as required by a relevant law or administrative regulation, such provision applies. b. A contract subject to a condition precedent becomes effective once such condition is satisfied. A contract subject to a condition subsequent is extinguished once such condition is satisfied C. A contract subject to a time of commencement becomes effective at such time. A contract subject to a time of expiration is extinguished at such time. D. Where a contract is to be concluded by a memorandum of contract, if prior to signing or sealing of the contract, one party has performed its main obligation and the other party has accepted the performance, the contract is formed.
2 、 Void and voidable contracts a. Void contracts Void contracts are void from the formation for breach the law, although meeting the minds.
Invalidating Circumstances One party induced conclusion of the contract through fraud or duress, thereby harming the interests of the state The parties colluded in bad faith, thereby harming the interests of the state, the collective or any third party The parties intended to conceal an illegal purpose under the guise of a legitimate transaction The contract harms public interests The contract violates a mandatory provision of any law or administrative regulation.
b. Voidable contracts Cancellation circumstances the contract was concluded due to a material mistake the contract was grossly unconscionable at the time of its conclusion One party induced conclusion of the contract through fraud or duress, thereby harming the interests of the state If a party induced the other party to enter into a contract against its true intention by taking advantage of the other party's hardship The parts should exercise the cancellation right within one year, commencing on the date when the party knew or should have known the cause for the cancellation
3 、 Legitimate consequences of void and voidable contracts Investigated by the People's Court or an arbitration institution Cancellation. An invalid or canceled contract is not legally binding ab initio Where a contract is partially invalid, and the validity of the remaining provisions thereof is not affected as a result, the remaining provisions are nevertheless valid. After a contract was invalidated or canceled, the parties shall make restitution of any property acquired thereunder.
Either of the parties may petition the People's Court or an arbitration institution for amendment or cancellation of a contract if: a. the contract was concluded due to a material mistake; b. the contract was grossly unconscionable at the time of its conclusion. c. one party induced conclusion of the contract through fraud or duress, thereby harming the interests other than the state or induced the other party to enter into a contract against its true intention by taking advantage of the other party's hardship. The parts should exercise the cancellation right within one year,commencing on the date when the party knew or should have known the cause for the cancellation
where restitution in kind is not possible or necessary, allowance shall be made in money based on the value of the property. The party at fault shall indemnify the other party for its loss sustained as a result. Where both parties were at fault, the parties shall bear their respective liabilities accordingly. Where the parties colluded in bad faith, thereby harming the interests of the state, the collective or a third person, any property acquired as a result shall be turned over to the state or be returned to the collective or the third person.
D. Performance of Contracts 1 、 the principles ： a. Full Performance ; b. Performance in Good Faith;
2 、 Protection of contracts Protection of contracts Subrogation Canceling right Where the obligor delayed in exercising its creditor's right against a third person that was due, thereby harming the obligee, the obligee may petition the People's Court for subrogation, except where such creditor's right is exclusively personal to the obligor. Where the obligor waived its creditor's right against a third person that was due or assigned its property without reward, thereby harming the obligee the obligee may petition the People's Court for cancellation of the obligor's act.
E. Liabilities for Breach Liabilities for BreachIf means a party fails to perform its obligations under a contract, or rendered non-conforming performance, it shall bear the liabilities for breach of contract by specific performance, cure of non-conforming performance or payment of damages, etc.
ⅰ Intellectual Property Law A. Concept and Features of Intellectual Property 1 、 Concept of Intellectual Property Intellectual Property rights combines the legal rights of the inventor of intellectual products and the owner of industry & commerce logo.
Features of IP Law Exclusive Including both personal rights and property rights Produced by the affirmation of the Administrative Organ Its objection is a kind of intangible property Timelessness Locality
ⅱ Copyright 1 、 Concept “Copyright” means that natural persons, legal persons, non-legal persons have the right to create a certain kind of work, and he can enjoy the right of publication, the right of authorship ， the right of alternation, the right of integrity, the right of exploitation and the right of remuneration in accordance with the Law. It shall include both personal rights and property rights.
2 、 Subject of Copyright Subject of Copyright refers to the author of the work, who can be natural person ， legal person or other group, and other citizens ， legal persons and entities without legal personality enjoying copyright in accordance with this Law. 3 、 Object of Copyright Works are the object of copyright ， which refers to intellectual property in the field of literature ， art ， natural science ， social science and engineering technology.It is original and can be reproduced in a tangible way.
4 、 Content of Copyright Content of Copyright personal rights Property rights right of authorship right of publication right of alternation right of integrity right of exploitation right to remuneration
5 、 Term of Protection of Copyrights Copyright creates from the date the work is finished, and it is protected by Copyright Law. The term of protection of the right of authorship ， the right of alternation and the right of integrity of an author shall be unlimited. The term of protection of the right of publication ， the right of exploitation and the right to remuneration in respect of a work of a citizen shall be the life time of the author and fifty years after his death.
The term of protection of a work of joint authorship shall expire on December 31 of the fiftieth year after the death of the last surviving author. The term of protection of the right of publication, the right of exploitation and the right to remuneration in respect of a work where the copyright belongs to a legal person or entity without legal personality, or in respect of a work created in the course of employment where the legal person or entity without legal personality enjoys the copyright （ except the right of authorship ）, shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work.
6 、 Infringing behaviors on copyright and Legal Liability for such behaviors (1) Infringing behaviors on copyright : publishing a work without the permission of the copyright owner; plagiarizing a work created by others ； having one’s name indicated on a work created by others ， in order to seek personal fame and gain ， where one has not participated in the creation of the work ； exploiting a work created by others without paying remuneration as prescribed by regulations ； publishing a work of joint authorship as a work created solely by oneself without the permission of the other co-authors ；
publishing a book where the exclusive right of publication belongs to another publisher ； Distributing sound recording and video recording without the permission of the producer ； distorting or mutilating a work created by others ； broadcasting a live performance without the permission of the performer ； producing or selling a work of fine art where the signature of the author is forged.
b. Legal Liability Administrative liability warn Ceasing creating and distributing the infringed works confiscating of unlawful income from the act confiscating of unlawful duplication and equipment fine civil liability ceasing the infringing act eliminating its ill effects making a apology paying compensation for damages criminal liability
ⅲ Patent Rights 1 、 Concept of Patent Rights Patent Rights means the Patent Administrative Organ will title applicant of patent rights and heirs the right to exclusively use his inventions- creations in a certain period.
2 、 Subject of Patent Rights Subject of Patent Rights means the natural person or legal person who can make application for patent rights and get such rights. Mainly contain ： a. the inventor or creator ； b. legal heirs of the inventor or creator ， who can acquire the ownership of patent rights by varieties of legal ways.
3 、 Object of Patent Rights Object of Patent Rights means inventions-creations which can get protection by Patent Law. Object of Patent Rights a. Inventions ， refers to the new plan of technology of products, methods or improvements of products and methods. b. Utility models, refers to the new plan of technology of the shape, structure or combination of the shape and structure of products. c. Designs ， refers to the new design of the shape, pattern, color or combination of the shape, pattern and color, which is full of beauty and can be applicable to industry.
4 、 Rights and Obligations of The Patentee Rights of the patentee Have the right to exclusively make, use, sell the patented product or use the patented process for the production or business purposes in the period of validity of a patent. Have the right to authorize other person to use the patent or transfer rights of the patent and require the user to pay an appropriate fee. Have the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product. Have the right to require the entity that is granted a compulsory license for exploitation a compulsory license for exploitation to pay a reasonable exploitation fee.
Obligations of the patentee Exploit inventions-creations Pay an annual fee as prescribed Award to the inventor or creator of a service invention-creation a reward
5 、 Acquire Rights of Patent Submit an application for a patent to the patent administrative Preliminarily examine the application as required Grant patent rights, issue the certificate of patent for invention, and register and announce it. No opposition or the opposition is not justified after examination
6 、 Protection of Patent Right a. The duration of patent right The duration of patent right for inventions shall be twenty years ， the duration of patent right for utility models and patent right for designs shall be ten years ， counted from the date of filing.
b. To make, use, sell the patented product or use the patented process for production or business purposes, without the authorization of the patentee, exploit the patent constitutes an infringement to the patent right of the patentee ； to affix a patent marking and to indicate the number of the patent on his non-patented product or on the packing of his product to pretend to be other’s patented product, without the authorization of the patentee, constitutes a counterfeit to the patent right of the patentee.
c. Where anyone exploits a patent without the authorization of the patentee, the patentee or any interested party may request the authorities for patent work for actions and may institute legal proceedings directly with the people‘s court. The authorities for patent work is responsible for ordering the infringer to stop infringement acts immediately and paying compensation or damages. Where anyone counterfeits to the patent of the patentee, the authorities for patent work may order the infringer to stop his illegal behavior, make a public correction and fire him.
ⅳ Trademark Rights 1 、 Concept of Trademark Rights Trademark Rights ， or the exclusive right to use a trademark ， means the owner of a registered trademark exclusively using his trademark in respect of his products or services in a certain period according to the law.
2 、 Features of Trademark Rights Features of Trademark Rights Exclusive Timelessness Local The exclusive right to use a trademark is just valid in China, if it is registered in China. The owner of trademark has exclusive use in his trademark, other people mustn’t use it without the agreement of the owner. The period of validity of a registered trademark shall be ten years. Where the registrant intends to continue to use it, an application for renewal of the registr -ation shall be made. Each renewal of registration shall be ten years.
3 、 Legal Relationship of Trademark Rights Legal Relationship of Trademark Rights Subjects Objects Contents Rights Obligations Exclusive right to use a trademark Right to transfer a trademark Right to authorize other persons to use his registered trademark and get paid for it Guarantee the quality of the goods in respect of which the registered trademark is used Pay for fees related The registered trademark Enterprise, institution, social organization, partnership, individual business and legal foreigner or foreign enterprise
4 、 Procedure of Trademark Registration The Trademark Office of the administrative authority for industry and commerce under the State Council: Be responsible for the registration and administration of trademarks throughout the country. Any producer, intending to acquire the exclusive right to use a trademark shall file an application for the registration of the goods trademark with the Trademark Office, which after examination, preliminarily approve the trademark and publish it. Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.
5 、 Protection of the Rights to Use Registered Trademarks a. Any of the following acts shall be an infringement of the rights to use a registered trademark to use a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization of the proprietor of the registered trademark ； to sell goods which is an infringement to a registered trademark of another person ；
to counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization ； to change the registered trademark of another person, and put the goods with changed trademark back into the market without agreement of another person ； to cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark ；
b. Legal duty for infringing rights of trademark Bear civil liabilities 、 administrative liabilities and criminal liabilities related. The owner of the registered trademark or any interested party may request the administrative authority for industry and commerce at or above the county level for actions, and may institute legal proceedings directly with the people's court.
ⅲ 、 Law Of Succession A.The Concept &Basic Principles of Law of Succession Inheritance means the system that transfers the property owned by a citizen personally at the time of his death to heirs. Law Of Succession is the total legal norms that regulate property inheritance relationship.
Basic Principles of Law of Succession Men and women are equal The old and the young should be protected, and a principle of unity and mutual-help Right and duty shall be relevant
B. Statutory Succession Statutory succession means a way of property inheriting that transfer the decedent's property to the heirs following the inheriting range,order, and principles provided by law directly after the death of the decedent.
The range of heirs at law andthe order of succession spouse, children, parents brothers and sisters, paternal grandparents, maternal grandparents Successors same in order shall inherit in equal shares. Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.
3 、 Inheritance in subrogation and sub-succession Inheritance in subrogation means Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation. Sub-succession means where a heir died before partitioning the estate and after the succession, his heir would inherit the shares that he was entitled to.
C. Testamentary Succession and Legacy Testamentary Succession means a inheriting way after the death of a decedent, his property would transfer to the heirs appointed according to the will made before his death. Testamentary Succession is prior to Legacy
1,Conditions for Legacy Testators should have the capacity for civil conduct Wills shall manifest the genuine intention of the testators Contents of the will should not breach laws or social public interests. Forms of a will ： A notarial will 、 A testator-written will 、 A will written on behalf of the testator 、 a nuncupative will 、 a will in the form of a sound- Recording and so on.
2 、 Legacy Legacy means a kind of civil legal conduct in which natural persons donate part or all of his estate to the state or a collective, or bequeath it to persons other than the statutory successors with a will. Legacy is unilateral legal act without consideration that would be effective after the legating person.
D. A legacy-support agreement A legacy-support agreement is the highest legal effective of all kinds of inheriting ways. A legacy-support agreement means an agreement made by the donator and the legatee in which the legatee is obligated to assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.
E. Disposition of the Estate When disposing the houses 、 means of production and the property required by special occupations in the property, a principle should be obeyed that developing the efficiency of the estate, according to the heir’s real requests,and the interests of every heirs. The joint property acquired by the spouses in the course of their matrimonial life shall be disposed first.
When succession began ， the subject should be the personal property only. The successor to an estate shall pay all taxes and debts payable by the decedent according to law, up to the actual value of such estate, unless the successor pays voluntarily in excess of the limit.
ⅳ Marriage Law A. The concept and basic principles of Marriage law Marriage law refers to legal norms that regulate marriage and family relationship. Marriage law regulate marriage and family relationship which involves personal and property relationship that is caused by personal relationship.
Basic principles of Marriage law Free choice of partners Monogamy Equality between man and woman The lawful rights and interests of women, children and old people shall be protected Family planning Respecting the old and protect the children and a principle of unity and mutual-help
B. Marriage contract 1 、 Conditions for marriage Necessary conditions complete willingness of both man and woman Legitimate age Monogamy Prohibitive conditions lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship one party is suffering from a disease which is regarded by medical science
B. Invalid Marriage Circumstances of invalid marriage if one party commits bigamy if the man and the woman are relatives by blood up to the third degree of kinship if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected if the legally marriageable age is not attained.
In the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the people's court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.
Void or dissolved marriage shall be invalid from its inception. Neither party concerned shall have the rights and duties of husband or wife. The property acquired during their cohabitation shall be subject to disposition by mutual agreement. If they fail to reach an agreement, the people's court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detriment of the property rights and interests of the party concerned to the lawful marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.
C. Legitimate procedure for marriage contract Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband and wife relationship shall be established as soon as they acquire the marriage certificates. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.
C. Family Relationship 1 、 Husband-wife-relationship Husband-wife-relationship refers to the status and mutual legal relationship which involve personal and property relationship.
Husband-wife -relationship Personal relationship Property relationship equal positions in family Relative rights to use one’s own nme Freedom to work, study and join social activity Duty for family plan Mutual property rights and respective property rights Duty of murual support Right to inherit between each other
The joint property acquire by the spouses in the course of their matrimonial life pay and bonus earnings from production and operation earnings from intellectual property rights property obtained from inheritance of gift except that belong to either part of the marriage. Any other items of property which shall be in his or her separate possession
Property belong to either part of the marriage Property obtained before the marriage fee-for-service and live allowance of the disabled perple obtained by either part for body injury Belong to either part of the marriage in Testamentary Succession and Legacy definitely certain living things only used by either part of the marriage Any other items of property which shall belong to either part of the marriage
So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. With the absence of such an agreement or to a vague one, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.
2. The relationship between parents and children Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents ； Children may adopt their father's or their mother's surname ； If children who are minors cause damage to the state, the collective, or individuals, their parents shall have the duty to bear civil liability ； Parents and children shall have right to inherit each other's property ； Children shall have respect for their parents" matrimonial rights and shall not interfere in their parents" remarriage and postnuptial life. Children's duty to maintain their parents shall not terminate with the change in their parents" matrimonial relationship.
3. The relationship between other family members a. The duty to bring up Grandparents or maternal grandparents who can afford it shall have the duty to bring up their grandchildren or maternal grandchildren who are minors and whose parents are dead or have no capacity of bringing them up. b. The duty to support and assist Grandchildren or maternal grandchildren who can afford it shall have the duty to support their grandparents or maternal grandparents whose children are dead or cannot afford it.
c. The duty to bring up between one generation ： Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who are minors if their parents are dead or have no means to bring them up 。 Younger brothers or sisters who have been brought up by their elder brothers or elder sisters and have the means of maintenance shall have the duty to support them who are lacking in the capacity to work and in the source of income.
D. Divorce Divorce means husband and wife relieve the marriage relationship following the legitimate conditions and procedures. Law protects the freedom to divorce and opposes rash divorce.
Divorce Husband and wife both desire it. One part Desires a divorce Conditions Both parts desire a divorce appropriate arrangements have been made for the care of any children and the disposition of property 程序 Appliance Investigation registration necessary Mediation Divorce shall be granted if mediation fails because mutual affection no long exists.
Divorce shall be granted if mediation fails under any of the following circumstances bigamy or, cohabitation of a married person with any third party domestic violence or, maltreatment and desertion of one family member by another bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition separation caused by incompatibility which lasts two full years any other circumstances causing alienation of mutual affection
Divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce. If the spouse of a soldier in active military service desires a divorce, the soldier's consent must b e obtained, except that the soldier commits a serious fault. A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of a child or within six months after pregnancy suspension. This restriction shall not apply in cases where the wife applies for a divorce, or when the people's court deems it necessary to accept the divorce application made by the husband.
3 、 Legal consequences of divorce Termination of husband-wife-relationship The relationship between parents and children shall not come to and end with the parents“ divorce. After divorce At the time of divorce, the disposition of the property in the joint possession of husband and wife is subject to agreement between the two parties. In cases where an agreement cannot be reached, the people's court shall make a judgment in consideration of the actual circumstance of the property and on the principle of caring for the rights and interests of the wife and the child or children.
E. Succour Measures of marriage family relationship Succour Measures 1.In regard to the domestic violence to or maltreatment of family member(s), the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer, and offer mediation; when the victim makes a request, the public security organ shall subject the wrongdoer to administrative penalty in accordance with the relevant provisions of administrative sanctions for public order. 2. In regard to the desertion of one family member by another, the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer and offer mediation 3 、 If bigamy, domestic violence to or maltreatment and desertion of family members constitute a crime, the criminal responsibility of the wrongdoer shall be investigated according to law. 4.A no-fault party shall have the right to make a request for damage compensation under any of the following circumstances bringing about divorce: (A) bigamy (B) cohabitation of a married person with any third party (C) domestic violence (D) maltreatment and desertion of one family member by another
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