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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 for 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 (来源：英语杂志 http://www.EnglishCN.com)
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 shall
all have the right to use such achievements.
Article 89
In accordance with legal provisions the agreement between the parties on
the performance of a debt may be guaranteed using the methods below:
(1) A guarantor may guarantee to the creditor that the debtor shall
perform his debt. If the debtor defaults, the guarantor shall perform the
debt or bear joint liability according to agreement. After performing the
debt, the guarantor shall have the right to claim repayment from the
debtor.
(2) The debtor or a third party may offer a specific property as a pledge.
If the debtor defaults, the creditors shall be entitled to keep the pledge
to offset the debt or have priority in satisfying his claim out of the
proceeds from the sale of the pledge pursuant to relevant legal
provisions.
(3) Within the limits of relevant legal provisions, a party may leave a
deposit with the other party. After the debtor has discharged his debt,
the deposit shall either be retained as partial payment of the debt or be
returned. If the party who leaves the deposit defaults, he shall not be
entitled to demand the return of the deposit; if the party who accepts the
deposit defaults, he shall repay the deposit in double.
(4) If a party has possession of the other party's property according to
contract and the other party violates the contract by failing to pay a
required sum of money within the specified time limit, the possessor shall
have a lien on the property and may keep the retained property to offset
the debt or have priority in satisfying his claim out of the proceeds from
the sale of the property pursuant to relevant legal provisions.
Article 90
Legitimate loan relationships shall be protected by law.
Article 91
If a party to a contract transfers all or part of his contractual rights
or obligations to a third party, he shall obtain the other party's consent
and may not seek profits therefrom. Contracts which according to legal
provisions are subject to state approval, such as transfers, must be
approved by the authority that originally approved the contract, unless
the law or the original contract stipulates otherwise.
Article 92
If profits are acquired improperly and without a lawful basis, resulting
in another person's loss, the illegal profits shall be returned to the
person who suffered the loss.
Article 93
If a person acts as manager or provides services in order to protect
another person's interests when he is not legally or contractually
obligated to do so, he shall be entitled to claim from the beneficiary the
expenses necessary for such assistance.
Section 3 Intellectual Property Rights
Article 94
Citizens and legal persons shall enjoy rights of authorship (copyrights)
and shall be entitled to sign their names as authors, issue and publish
their works and obtain remuneration in accordance with the law.
Article 95
The patent rights lawfully obtained by citizens and legal persons shall be
protected by law.
Article 96
The rights to exclusive use of trademarks obtained by legal persons,
individual businesses and individual partnerships shall be protected by
law.
Article 97
Citizens who make discoveries shall be entitled to the rights of
discovery. A discoverer shall have the right to apply for and receive
certificates of discovery, bonuses or other awards.
Citizens who make inventions or other achievements in scientific and
technological research shall have the right to apply for and receive
certificates of honour, bonuses or other awards.
Section 4 Personal Rights
Article 98
Citizens shall enjoy the rights of life and health.
Article 99
Citizens shall enjoy the right of personal name and shall be entitled to
determine, use or change their personal names in accordance with relevant
provisions. Interference with, usurpation of and false representation of
personal names shall be prohibited. Legal persons, individual businesses
and individual partnerships shall enjoy the right of name. Enterprises as
legal persons, individual businesses and individual partnerships shall
have the right to use and lawfully assign their own names.
Article 100
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 |
