中华人民共和国民法通则（二）

　　Chapter V Civil Rights

　　Section 1 Property Ownership and Related Property Rights

　　Article 71 “Property ownership” means the owner's rights to lawfully possess， utilize， profit from and dispose of his property.

　　Article 72 Property ownership shall not be obtained in violation of the law. Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements， the ownership of property obtained by contract or by other lawful means shall be transferred simultaneously with the property itself.

　　Article 73 State property shall be owned by the whole people. State property is sacred and inviolable， and no organization or individual shall be allowed to seize， encroach upon， privately divide， retain or destroy it.

　　Article 74 Property of collective organizations of the working masses shall be owned collectively by the working masses. This shall include：

　　（1） land， forests， mountains， grasslands， unreclaimed land， beaches and other areas that are stipulated by law to be under collective ownership；

　　（2） property of collective economic organizations；

　　（3） collectively owned buildings， reservoirs， farm irrigation facilities and educational， scientific， cultural， health， sports and other facilities； and

　　（4） other property that is collectively owned. Collectively owned land shall be owned collectively by the village peasants in accordance with the law and shall be worked and managed by village agricultural production cooperatives， other collective agricultural economic organizations or villages' committees. Land already under the ownership of the township （town） peasants' collective economic organizations may be collectively owned by the peasants of the township（town）。 Collectively owned property shall be protected by law， and no organization or individual may seize， encroach upon， privately divide， destroy or illegally seal up， distrain， freeze or confiscate it.

　　Article 75 A citizen's personal property shall include his lawfully earned income， housing， savings， articles for daily use， objects d'art， books， reference materials， trees， livestock， as well as means of production the law permits a citizen to possess and other lawful property. A citizen's lawful property shall be protected by law， and no organization or individual may appropriate， encroach upon， destroy or illegally seal up， distrain， freeze or confiscate it.

　　Article 76 Citizens shall have the right of inheritance under the law.

　　Article 77 The lawful property of social organizations， including religious organizations， shall be protected by law.

　　Article 78 Property may be owned jointly by two or more citizens or legal persons.

　　There shall be two kinds of joint ownership， namely co-ownership by shares and common ownership. Each of the co-owners by shares shall enjoy the rights and assume the obligations respecting the joint property in proportion to his share. Each of the common owners shall enjoy the rights and assume the obligations respecting the joint property. Each co-owner by shares shall have the right to withdraw his own share of the joint property or transfer its ownership. However， when he offers to sell his share， the other co-owners shall have a right of preemption if all other conditions are equal.

　　Article 79 If the owner of a buried or concealed object is unknown， the object shall belong to the state. The unit that receives the object shall commend or give a material reward to the unit or individual that turns in the object.

　　Lost-and-found objects， flotsam and stray animals shall be returned to their rightful owners， and any costs thus incurred shall be reimbursed by the owners.

　　Article 80 State-owned land may be used according to law by units under ownership by the whole people； it may also be lawfully assigned for use by units under collective ownership. The state

shall protect the usufruct of the land， and the usufructuary shall be obligated to manage， protect and properly use the land.

　　The right of citizens and collectives to contract for management of land under collective ownership or of state-owned land under collective use shall be protected by law. The rights and obligations of the two contracting parties shall be stipulated in the contract signed in accordance with the law.

　　Land may not be sold， leased， mortgaged or illegally transferred by any other means.

　　Article 81 State-owned forests， mountains， grasslands， unreclaimed land， beaches， water surfaces and other natural resources may be used according to law by units under ownership by the whole people； or they may also be lawfully assigned for use by units under collective ownership. The state shall protect the usufruct of those resources， and the usufructuary shall be obliged to manage， protect and properly use them.

　　State-owned mineral resources may be mined according to law by units under ownership by the whole people and units under collective ownership； citizens may also lawfully mine such resources. The state shall protect lawful mining rights.

　　The right of citizens and collectives to lawfully contract for the management of forests， mountains， grasslands， unreclaimed land， beaches and water surfaces that are owned by collectives or owned by the state but used by collectives shall be protected by law. The rights and obligations of the two contracting parties shall be stipulated in the contract in accordance with the law.

　　State-owned mineral resources and waters as well as forest land， mountains， grasslands， unreclaimed land and beaches owned by the state and those that are lawfully owned by collectives may not be sold， leased， mortgaged or illegally transferred by any other means.

　　Article 82 Enterprises under ownership by the whole people shall lawfully enjoy the rights of management over property that the state has authorized them to manage and operate， and the rights shall be protected by law.

　　Article 83 In the spirit of helping production， making things convenient for people's lives， enhancing unity and mutual assistance， and being fair and reasonable， neighbouring users of real estate shall maintain proper neighbourly relations over such matters as water supply， drainage， passageway， ventilation and lighting. Anyone who causes obstruction or damage to his neighbour， shall stop the infringement， eliminate the obstruction and compensate for the damage.

　　Section 2 Creditors' Rights

　　Article 84 A debt represents a special relationship of rights and obligations established between the parties concerned， either according to the agreed terms of a contract or legal provisions. The party entitled to the rights shall be the creditor， and the party assuming the obligations shall be the debtor.

　　The creditor shall have the right to demand that the debtor fulfil his obligations as specified by the contract or according to legal provisions.

　　Article 85 A contract shall be an agreement whereby the parties establish， change or terminate their civil relationship. Lawfully established contracts shall be protected by law.

　　Article 86 When there are two or more creditors to a deal， each creditor shall be entitled to rights in proportion to his proper share of the credit. When there are two or more debtors to a deal， each debtor shall assume obligations in proportion to his share of the debt.

　　Article 87 When there are two or more creditors or debtors to a deal， each of the joint creditors shall be entitled to demand that the debtor fulfil his obligations， in accordance with legal provisions or the agreement between the parties； each of the joint debtors shall be obliged to perform the entire debt， and the debtor who performs the entire debt shall be entitled to ask the other joint debtors to reimburse him f

or their shares of the debt.

　　Article 88 The parties to a contract shall fully fulfil their obligations pursuant to the terms of the contract.

　　If a contract contains ambiguous terms regarding quality， time limit for performance， place of performance， or price， and the intended meaning cannot be determined from the context of relevant terms in the contract， and if the parties cannot reach an agreement through consultation， the provisions below shall apply：

　　（1） If quality requirements are unclear， state quality standards shall apply； if there are no state quality standards， generally held standards shall apply.

　　（2） If the time limit for performance is unclear， the debtor may at his convenience fulfill his obligations towards the creditor； the creditor may also demand at any time that the debtor perform his obligations， but sufficient notice shall be given to the debtor.

　　（3） If the place of performance is unclear， and the payment is money， the performance shall be effected at the seat or place of residence of the party receiving the payment； if the payment is other than money， the performance shall be effected at the seat or place of residence of the party fulfilling the obligations.

　　（4） If the price agreed by the parties is unclear， the state-fixed price shall apply. If there is no state-fixed price， the price shall be based on market price or the price of a similar article or remuneration for a similar service.

　　If the contract does not contain an agreed term regarding rights to patent application， any party who has completed an invention-creation shall have the right to apply for a patent.

　　If the contract does not contain an agreed term regarding rights to patent application， and technological research achievements， the parties sh

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/