All regulations on the legal age after the promulgation of the Civil Code
The length of time from birth to the end of a person's life. As a natural marker with biological basis, age also passes with time. Natural signs are reflected in the law, which is the legal age of an individual. After the implementation of the Civil Code, significant changes have taken place in the legal age of Chinese people.
1、 Fetus
According to popular science certification in China, a fetus refers to the fetal body after 8 weeks of gestation. The fetus cannot become an individual of a strictly legal nature, but has the rights prescribed by law. Article 49 of the Criminal Law stipulates: "The death penalty shall not apply to persons who were under the age of 18 at the time of the crime or to women who were pregnant at the time of the trial.". Article 21 of the Law on Administrative Penalties for Public Security stipulates: "If the perpetrator of a violation of public security administration is pregnant or breast-feeding his or her own baby under the age of one year, administrative detention punishment shall not be imposed in accordance with this Law." The above provisions reflect the protection of the interests of the fetus.
The specific provisions in the Civil Code are as follows:
Article 16 of the Civil Code stipulates: "Where the protection of the interests of the fetus involves inheritance, acceptance of gifts, etc., the fetus is deemed to have civil rights capacity. However, if the fetus is dead at the time of delivery, its civil rights capacity does not exist from the beginning."
Article 1155 stipulates: "At the time of division of the estate, the share of inheritance of the fetus shall be retained. If the fetus is dead at the time of delivery, the retained share shall be handled in accordance with legal inheritance."
Article 31 of the Interpretation of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China (I) (2021.1.1) stipulates that: "If the share of the estate that should be reserved for the fetus is not reserved, it shall be deducted from the inheritance inherited by the heirs. If the fetus dies after birth, the share of the estate reserved for the fetus shall be inherited by its heirs; if the fetus is dead at the time of delivery, it shall be inherited by the heirs of the deceased."
2、 Under one year of age
Article 1082 of the Civil Code stipulates: "During the period of pregnancy, within one year after childbirth, or within six months after termination of pregnancy, the man may not apply for divorce, except where the woman applies for divorce or the people's court deems it necessary to accept the man's divorce request." According to this provision, during the above-mentioned special period, women's rights and interests in marriage are protected by law, and men are not allowed to file for divorce during this period. However, the Civil Code does not restrict women's filing for divorce during this period.
Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Abduction and Trafficking in Women and Children stipulates that "The children specified in Articles 240 and 241 of the Criminal Law refer to persons under the age of 14. Among them, those under the age of one are infants, and those over the age of one but under the age of six are young children."
At the same time, according to Article 21 of the "Law on Administrative Penalties for Public Security", if a person is pregnant or breast-feeding his or her own baby under the age of one year, although administrative detention punishment should be imposed in accordance with this Law, administrative detention punishment should not be imposed.
3、 Under two years of age
Article 1084 (3) of the Civil Code stipulates that: "After divorce, children under the age of two shall be brought up directly by their mother as the principle. If both parents fail to reach an agreement on the issue of bringing up children who have reached the age of two, the people's court shall, in accordance with the specific circumstances of both parties, make a judgment in the best interests of the minor child. If the child has reached the age of eight, its true will shall be respected."
However, the exceptions are as follows:
Article 44 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1) (2021.1.1) stipulates that: "If a divorce case involves the upbringing of a minor child, the child under the age of two years shall be dealt with in accordance with the principles set forth in Paragraph 3 of Article 1084 of the Civil Code. If the mother has one of the following circumstances and the father requests direct upbringing, the people's court shall support it: (1) The child is not suitable for living with him due to an incurable infectious disease or other serious disease; (2)" If there are conditions for raising children, they do not fulfill their obligations of raising them, and the father requires their children to live with them; (3) "For other reasons, it is indeed inappropriate for children to live with their mothers."
Article 45 stipulates: "If both parents agree that a child under the age of two years shall be directly raised by the father and have no adverse impact on the healthy growth of the child, the people's court shall support it."
4、 Over two years old
Article 46 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1) (2021.1.1) stipulates: "For minor children who have reached the age of two, both parents require direct support, and if one of the following circumstances exists, priority may be given: (1) they have undergone sterilization surgery or have lost their fertility due to other reasons; (2)With children living longer, changing their living environment is significantly detrimental to their healthy growth; (3) There are no other children and the other party has other children; (4) "Living with their children is beneficial to their growth, while the other party is suffering from a chronic infectious disease or other serious illness, or other conditions that are detrimental to their physical and mental health, and it is not appropriate to live together with their children."
At the same time, the first paragraph of Article 64 of the "Road Traffic Safety Law" stipulates that "Preschool children, as well as mentally ill patients and persons with intellectual disabilities who are unable to identify or control their own behavior, shall be led by their guardians, persons entrusted by their guardians, or persons responsible for their management and protection when passing on the road." According to this regulation, children under the age of six must be led on the road by their guardians, persons entrusted by their guardians, or persons responsible for their management and protection.
5、 Six years old
When children reach the age of six, they enter a certain stage of development, both psychologically and physiologically, and their intellectual development level has reached the conditions for formal admission to school. Article 11 of the Compulsory Education Law stipulates: "For children who have reached the age of six, their parents or other legal guardians should send them to school to receive and complete compulsory education. Children in areas where conditions are not met can be postponed to the age of seven." This provision specifies the age for compulsory education and the provision for delaying school attendance for children. According to this provision, the legal age for children to receive compulsory education is six years old.
6、 Eight years old
(1) Provisions on the Independent Implementation of Civil Legal Acts
Article 19 of the Civil Code stipulates: "Minors over the age of eight are persons with limited civil capacity, and the implementation of civil legal acts shall be represented by their legal representatives or approved and ratified by their legal representatives. However, they may independently implement civil legal acts that are purely beneficial or that are appropriate to their age and intelligence."
Article 20 stipulates: "Minors under the age of eight shall be persons without civil capacity, and their legal representatives shall act as agents to carry out civil legal acts."
Article 21 stipulates: "An adult who is unable to identify his or her own conduct shall be a person without civil capacity, and his or her legal representative shall act on his or her behalf to carry out civil legal acts.".
"The provisions of the preceding paragraph shall apply to minors over the age of eight who are unable to identify their own conduct."
Article 23 stipulates: "The guardian of a person without or with limited civil capacity shall be his legal representative."
According to the provisions of the above articles, minors over the age of eight are persons with limited civil capacity and may engage in civil juristic acts, but they require the consent and ratification of their guardians. However, the consent or ratification of the guardian is not required for the independent implementation of civil legal acts that are purely beneficial or for civil legal acts that are appropriate to their age and intelligence.
Moreover, if a minor over the age of eight is unable to identify his or her own conduct, his or her legal representative will still act as an agent to carry out civil legal acts.
(2) Relevant regulations on marriage and family
Article 1084 (3) of the Civil Code stipulates that: "After divorce, children under the age of two shall be brought up directly by their mother as the principle. If both parents fail to reach an agreement on the issue of bringing up children who have reached the age of two, the people's court shall, in accordance with the specific circumstances of both parties, make a judgment in the best interests of the minor child. If the child has reached the age of eight, its true will shall be respected."
Article 56 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1) (2021.1.1) stipulates: "In any of the following circumstances, if one of the parents requests to change the child's upbringing relationship, the people's court shall support: (1) the party living with the child is unable to continue to support the child due to serious illness or disability; (2)"The party living with the child does not fulfill their obligations to support or maltreats the child, or the party living with the child does have a negative impact on the child's physical and mental health;"; (3) Children who have reached the age of eight are willing to live with the other party, who is also able to support them; (4) "There are other legitimate reasons for requiring changes."
According to this provision, the people's court should support the true wishes of children who have reached the age of eight regarding the upbringing relationship after divorce.
(3) Relevant regulations on adoptive relationships
Article 104 of the Civil Code stipulates: "Adoption by the adopter and placing out the child for adoption by the person placing out the child for adoption shall be of both parties' free will. Adoption of a minor over the age of eight shall require the consent of the adoptee." According to this provision, minors over the age of eight have the right to agree or refuse to accept adoption.
At the same time, Article 114 of the Civil Code stipulates: "The adopter may not terminate the adoptive relationship before the adoptee reaches adulthood, except if the adopter and the person placing out the child for adoption agree to terminate the adoptive relationship. If the adopted child is over the age of eight, his or her consent shall be obtained." According to this provision, minors over the age of eight also have the right to agree or refuse to terminate the adoptive relationship.
7、 Twelve years old
The third paragraph of Article 17 of the Criminal Law stipulates: "A person who has reached the age of 12 but not the age of 14 and commits the crime of intentional homicide or intentional injury, causing death or serious injury to a person by particularly cruel means, resulting in serious disability, and whose circumstances are flagrant, shall bear criminal responsibility upon approval by the Supreme People's Procuratorate for prosecution." According to this provision, for the above particularly serious criminal acts, persons who have reached the age of 12 need to bear criminal responsibility, and the age of 12 is the starting age for natural persons to bear criminal responsibility.
Article 55 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates: "Motor vehicles shall comply with the following regulations when carrying people: (3) Motorcycles shall not ride minors under the age of 12 in the back seat, and mopeds shall not carry people."; Article 72 stipulates: "Driving bicycles, tricycles, electric bicycles, and disabled motorized wheelchairs on the road shall comply with the following regulations: (1) Driving bicycles and tricycles must be at least 12 years of age.". According to the above regulations, minors under the age of 12 are not allowed to ride in the back seat of motorcycles, and people under the age of 12 are not allowed to drive bicycles or tricycles.
8、 Over 14 but under 16
(1) Relevant provisions of the Criminal Law
According to the second paragraph of Article 17 of the Criminal Law, "Anyone who has reached the age of 14 but not the age of 16 and commits intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or the placement of hazardous substances shall bear criminal responsibility.". For the above-mentioned special types of criminal acts, persons who have reached the age of 14 but not the age of 16 need to bear criminal responsibility.
The second paragraph of Article 236 of the Criminal Law stipulates: "Whoever rapes a young girl under the age of 14 shall be regarded as rape and given a heavier punishment.".
Article 236-1 stipulates: "Any person who has special duties such as guardianship, adoption, care, education, and medical treatment for a minor female who has reached the age of 14 but not the age of 16 and has sexual relations with the minor female shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years."
The second paragraph of Article 359 stipulates: "Whoever lures a young girl under the age of 14 to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined."
According to this provision, a woman under the age of 14 who has sex with a young girl is guilty of rape and should be given a heavier punishment, regardless of whether the young girl agrees or not.
Article 240 of the Criminal Law stipulates: "Whoever abducts and traffics in women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; if any of the following circumstances occurs, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property; if the circumstances are especially serious, he shall be sentenced to death and also to confiscation of property.".
Article 262 stipulates: "Whoever abducts a minor under the age of 14 and separates himself from his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention."
Abduction and trafficking of minors under the age of 14, regardless of gender, can constitute the crime of kidnapping and trafficking in children. However, kidnapping and selling or kidnapping a male over the age of 14 does not constitute a criminal offence.
Article 262-1 of the Criminal Law stipulates: "Whoever uses violence or coercion to organize disabled persons or minors under the age of 14 to beg shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined." According to this provision, those who use violence or coercion to organize minors under the age of 14 to beg need to bear corresponding criminal responsibility.
(2) Relevant provisions of the Law on Public Security Management Penalties
Article 12 of the Law on Administrative Penalties for Public Security stipulates: "If a person who has reached the age of 14 but not the age of 18 violates the administration of public security, he shall be given a lighter or mitigated punishment; if a person who has not reached the age of 14 violates the administration of public security, he shall not be punished, but his guardian shall be ordered to exercise strict discipline."
Article 21 stipulates: "If a person who violates the administration of public security commits any of the following acts and should be punished by administrative detention in accordance with this Law, the penalty of administrative detention shall not be enforced: (1) Those who have reached the age of 14 but not the age of 16."
The third paragraph of Article 84 stipulates: "When interrogating a person under the age of 16 who violates the administration of public security, their parents or other guardians shall be notified to be present."
According to this provision, anyone who has reached the age of 14 who violates public security management may be given administrative penalties, and the age of 14 is the starting age for assuming responsibility for public security management penalties. However, administrative detention penalties imposed on persons under the age of 16 shall not be enforced. Moreover, if a person under the age of 16 who violates public security management is questioned, their parents or other guardians should be notified to be present.
9、 Over 16 but under 18
(1) Relevant provisions of the Civil Code
Article 18, paragraph 2, of the Civil Code stipulates: "Minors aged 16 or above who rely on their own labor income as their main source of livelihood shall be considered as persons with full civil capacity."
Article 53 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) (2021.1.1) stipulates: "The payment period of maintenance fees generally expires until the child reaches the age of 18.".
"Parents who have reached the age of 16 but not the age of 18 and rely on their labor income as their main source of livelihood and are able to maintain the general local standard of living may stop paying maintenance fees."
According to this provision, minors over the age of 16 who rely on their own labor income as their main source of livelihood are considered to have full civil capacity. They can independently implement civil legal acts and bear corresponding responsibilities on their own.
Article 15 of the Labor Law stipulates: "Employers are prohibited from recruiting minors under the age of 16. When recruiting minors under the age of 16, literary, sports, and special craft units must comply with relevant national regulations and ensure their right to compulsory education." According to this provision, natural persons have the right to work from the age of 16.
Article 72 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates: "Driving bicycles, tricycles, electric bicycles, and disabled motorized wheelchairs on the road shall comply with the following regulations: (2) Driving electric bicycles and disabled motorized wheelchairs must be at least 16 years old"; Article 73 stipulates: "When driving an animal powered vehicle on the road, it shall be at least 16 years old.". According to the regulations, people who have reached the age of 16 can drive electric bicycles or disabled motorized wheelchairs or animal powered vehicles on the road.
(2) Relevant provisions of the Criminal Law
The first paragraph of Article 17 of the Criminal Law stipulates: "A person who has reached the age of 16 shall bear criminal responsibility for committing a crime." Therefore, anyone who has reached the age of 16 and commits any of the crimes in the Criminal Law shall bear corresponding criminal responsibility.
(3) Relevant provisions of the Law on Public Security Management Penalties
Article 21 of the Law on Administrative Penalties for Public Security stipulates: "If a person who violates the administration of public security commits any of the following acts and should be punished by administrative detention in accordance with this Law, the penalty of administrative detention shall not be enforced: (2) If he has reached the age of 16 but not 18 and has violated the administration of public security for the first time.". According to this provision, minors who have reached the age of 16 but not the age of 18 who violate public security management for the first time will not be subject to administrative detention penalties.
10、 18 years old
(1) Relevant provisions of the Constitution
Article 34 of the Constitution stipulates: "Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic origin, race, gender, occupation, family background, religious belief, educational level, property status, or length of residence, except for those who have been deprived of political rights in accordance with the law." According to this provision, citizens of the People's Republic of China who have reached the age of 18 have met the age and political rights requirements, and begin to enjoy fundamental political rights.
(2) Relevant provisions of the Civil Code
Article 17 of the Civil Code stipulates: "Natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors.".
The first paragraph of Article 18 stipulates: "Adults are persons with full civil capacity and may independently conduct civil juristic acts.".
Article 191 stipulates: "The limitation period of action for the right of a minor to claim damages for sexual assault shall be calculated from the date on which the victim reaches the age of 18."
According to the above provisions, natural persons over the age of 18 are adults, who have full civil capacity and can independently conduct legal acts, which is a very important age node. Article 191 stipulates the limitation period for the right to claim damages for sexual assault on minors, which clarifies that minors who have suffered sexual assault have the right to claim damages after reaching adulthood, and strengthens the protection of minors.
Article 53 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1) (2021.1.1) stipulates that: "The term of payment of maintenance fees generally expires until the child reaches the age of 18. If the child reaches the age of 16 but is under the age of 18 and relies on his or her labor income as the main source of livelihood and can maintain the general local standard of living, parents may stop paying maintenance fees."
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Personal Injury Compensation Cases stipulates that: "The living expenses of a dependant shall be calculated based on the degree of incapacity of the dependant and the standard of per capita consumption expenditure for urban residents and per capita annual living expenditure for rural residents in the place where the court of appeal is located in the previous year. If the dependant is a minor, it shall be calculated until the age of 18; if the dependant is unable to work and has no other source of livelihood, it shall be calculated as 20 years. However, if the dependant is over the age of 60, it shall be calculated as 20 years." For each year of age increase, decrease by one year; "For those over the age of 75, it shall be calculated as five years."
According to this provision, the payment period for the living expenses of the dependant in a personal injury compensation case is calculated to be 18 years old.
(3) Relevant provisions of the Criminal Law
Article 29 of the Criminal Law stipulates: "Whoever instigates another person to commit a crime shall be punished according to the role he plays in the joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment."
Article 49 stipulates: "The death penalty shall not apply to persons who were under the age of 18 at the time of the crime or to women who were pregnant at the time of the trial."
Article 65 stipulates: "A criminal who is sentenced to fixed-term imprisonment or above and commits a crime that should be sentenced to fixed-term imprisonment or above again within five years after completing the execution of the punishment or receiving a pardon is a recidivist and shall be given a heavier punishment, with the exception of negligent crimes and crimes committed by persons under the age of 18."
Article 72 stipulates: "A criminal who is sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if the following conditions are met simultaneously. Among them, persons under the age of 18, pregnant women, and persons who have reached the age of 75 shall be suspended: (1) the circumstances of the crime are relatively minor; (2) there is evidence of repentance; (3) there is no danger of committing another crime; (4)"The suspension of sentence has no significant adverse impact on the community in which it resides."
Article 100 stipulates: "Persons who have received criminal penalties according to law shall truthfully report to the relevant units that they have received criminal penalties and shall not conceal them when they are recruited or employed.".
"A person who was under the age of 18 at the time of the crime and sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation specified in the preceding paragraph."
The second paragraph of Article 234-1 stipulates: "Whoever extracts an organ from a person without his own consent, or extracts an organ from a person under the age of 18, or forces or deceives another person to donate an organ, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law."
The fourth paragraph of Article 364 stipulates: "Whoever disseminates pornographic materials to minors under the age of 18 shall be given a heavier punishment."
11、 Twenty and twenty two years old
Article 1047 of the Civil Code stipulates: "The age of marriage shall not be earlier than the age of 22 for men and 20 for women.".
According to this provision, women have the right to marry from the age of 20 and men from the age of 22.
12、 30 years old
Article 1098 of the Civil Code stipulates: "The adopter shall simultaneously meet the following conditions: (5) reaching the age of 30." According to this provision, the conditions for adopters are not met until they reach the age of 30, and the age conditions for adopters are limited.
13、 45 years old
Article 79 of the Constitution stipulates that
14、 60 to 75 years old
(1) Relevant provisions of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I)
According to Article 71 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) (2021.1.1), "If a people's court hears a divorce case and involves dividing one-time expenses such as demobilization fees and independent career selection fees paid to military personnel, the amount obtained shall be the joint property of the husband and wife by multiplying the duration of the marital relationship by the annual average.".
The term "annual average" as mentioned in the preceding paragraph refers to the amount obtained by averaging the total amount of the above-mentioned expenses distributed to military personnel over specific years. "The specific age limit is the difference between the average life expectancy of 70 years and the actual age of soldiers when they join the military."
(2) Relevant provisions of the Law on Public Security Management Penalties
According to Article 21 of the Law on Administrative Penalties for Public Security, "If a person who violates the administration of public security commits any of the following acts and should be subject to administrative detention punishment in accordance with this Law, the administrative detention punishment shall not be executed: (3) Those over the age of 70.". According to this provision, administrative detention penalties will not be imposed on perpetrators of violations of public security management who are over the age of 70.
(3) Relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases"
According to Article 12, Paragraph 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Personal Injury Compensation": "The disability compensation shall be calculated based on the degree of incapacity or disability level of the victim, and based on the per capita disposable income of urban residents or the per capita net income of rural residents in the place where the court of appeal was located in the previous year. It shall be calculated for 20 years from the date of disability determination. However, if the victim is over the age of 60, each year of age increase shall be reduced by one year; if the victim is over the age of 75, it shall be calculated for five years."
Article 15 stipulates: "The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the place where the court against whom the lawsuit is filed in the previous year, and shall be calculated on a 20-year basis. However, for those over the age of 60, one year shall be reduced for each additional year of age; for those over the age of 75, five years shall be calculated."
Paragraph 1 of Article 17 stipulates that: "The living expenses of a dependant shall be calculated based on the degree of incapacity of the dependant and the standard of per capita consumption expenditure for urban residents and per capita annual living expenditure for rural residents in the place where the court of appeal is located in the previous year. If the dependant is a minor, it shall be calculated until the age of 18; if the dependant is unable to work and has no other source of livelihood, it shall be calculated as 20 years. However, if the dependant is over the age of 60, it shall be calculated as 20 years." For each year of age increase, decrease by one year; "For those over the age of 75, it shall be calculated as five years."
According to this provision, in the event of a personal injury compensation case, the calculation of disability compensation, death compensation, and the living expenses of the dependant shall be reduced by one year for each additional year of age for those over 60 years of age; "For those over the age of seventy-five, it shall be calculated as five years.".
15、 Death
The relevant provisions on death in the Civil Code are as follows:
(1) Confirmation and termination of custody relationship
Article 27 of the Civil Code stipulates: "Parents are guardians of minor children.".
"If the parents of a minor have died or are unable to provide guardianship, the following persons with the ability to provide guardianship shall serve as guardians in the following order: (1) Grandparents and maternal grandparents;"; (2) Brother and sister; (3) "Other individuals or organizations willing to act as guardians must obtain the consent of the residents' committee, villagers' committee, or civil affairs department in the place where the minor resides."
Article 39 stipulates: "In any of the following circumstances, the guardianship relationship shall terminate: (3) The ward or guardian dies.".
(2) Termination of agency relationship
Article 173 of the Civil Code stipulates: "Under any of the following circumstances, the entrusted agency shall terminate: (4) The agent or principal dies."
Article 174 stipulates: "After the death of the principal, the agency action performed by the entrusted agent shall be valid under any of the following circumstances: (1) the agent did not know and should not have known of the death of the principal; (2) the heir of the principal shall recognize it; (3) it is specified in the authorization that the agency power shall terminate upon the completion of the agency affairs; and (4)" "It has been implemented before the death of the principal and continues to act for the benefit of the principal's heirs.".
"The provisions of the preceding paragraph shall apply mutatis mutandis to the termination of a legal person or unincorporated organization as the principal."
Article 175 stipulates: "Under any of the following circumstances, the legal representative shall terminate: (3) The agent or principal dies.".
(3) Suspension of limitation of action
Article 194 of the Civil Code stipulates: "Within the last six months of the limitation period, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended: (2) A person without civil capacity or with limited civil capacity does not have a legal representative, or the legal representative dies, loses civil capacity, or loses the power of attorney.".
(4) Extinction of residency rights
Article 370 of the Civil Code stipulates: "If the term of residence expires or the person with the residence right dies, the residence right shall be extinguished. If the residence right expires, the cancellation of registration shall be handled in a timely manner."
(5) Deposit of subject matter
Article 570 of the Civil Code stipulates: "Under any of the following circumstances, where it is difficult to perform the obligation, the debtor may place the subject matter in escrow: (3) The creditor dies without identifying an heir or estate administrator, or loses civil capacity without identifying a guardian.".
(5) Revocation of gift
Article 664 of the Civil Code stipulates: "If the donor dies or loses civil capacity due to the recipient's illegal act, the heir or legal representative of the donor may revoke the gift.".
"The heir or legal representative of the donor shall exercise the right of revocation within six months from the date he knows or should have known the cause of revocation."
(6) Handling of lease contracts
Article 732 of the Civil Code stipulates: "If the lessee dies during the lease term of the house, the person who lived together with him or his co operator may lease the house in accordance with the original lease contract.".
(7) Termination of the entrustment contract
Article 934 of the Civil Code stipulates: "If the principal dies or terminates, or the trustee dies, loses civil capacity, or terminates, the agency appointment contract shall be terminated, unless otherwise agreed by the parties or it is inappropriate to terminate based on the nature of the entrusted affairs."
(8) Termination of partnership contract
Article 977 of the Civil Code stipulates: "If a partner dies, loses civil capacity, or terminates, the partnership contract shall be terminated, except where it is otherwise agreed in the partnership contract or it is inappropriate to terminate based on the nature of the partnership affairs."
(9) Treatment of the right to personality
Article 994 of the Civil Code stipulates: "If the name, portrait, reputation, honor, privacy, or remains of the deceased are infringed upon, their spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; if the deceased has no spouse, children, and parents have died, other close relatives have the right to request the perpetrator to bear civil liability in accordance with the law."
(10) Physical donation
Article 106 of the Civil Code stipulates: "A person with full capacity for civil conduct shall have the right to independently decide to donate his or her human cells, tissues, organs, or remains without compensation in accordance with the law. No organization or individual may force, deceive, or induce him or her to donate.".
"If a person with full civil capacity agrees to make a donation in accordance with the provisions of the preceding paragraph, it shall be in writing, or a will may be made.".
"If a natural person does not express his or her disapproval of the donation before his or her death, his or her spouse, adult children, and parents may jointly decide to make the donation, and the decision to make the donation shall be in writing."
(11) Handling of dependency relationships
Article 1074 of the Civil Code stipulates: "Grandparents and maternal grandparents who are able to afford it have the obligation to support minor grandchildren and grandchildren whose parents have died or are unable to support them.".
"Grandchildren and grandchildren who can afford it have the obligation to support grandparents whose children have died or are unable to support them."
Article 1075 stipulates: "A brother or sister who can afford it shall have the obligation to support a minor brother or sister whose parents have died or are unable to support.".
"A brother or sister who is raised by his or her elder brother or sister and who can afford it, has the obligation to support his or her elder brother or sister who lacks the ability to work and the source of livelihood."
Article 108 stipulates: "If one spouse dies and the other party places out their minor children for adoption, the parents of the deceased party have the priority to support them."
(12) Treatment of legal succession
Article 1121 of the Civil Code stipulates: "Inheritance begins when the decedent dies.".
If several persons who have an inheritance relationship with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person without other heirs dies first. If there are other heirs in different generations, it is presumed that the elder will die first; "If the generations are the same, it is presumed that they will die at the same time and will not inherit from each other."
Article 1128 stipulates: "If the child of the decedent dies before the decedent, the lineal descendants of the decedent's child shall inherit in subrogation by blood.".
"If the brother or sister of the decedent dies before the decedent, the children of the brother or sister of the decedent shall inherit in subrogation.".
"A subrogated heir can generally inherit only the share of the estate that the subrogated heir is entitled to inherit."
Article 1157 stipulates: "If one spouse remarries after the death of the other, they have the right to dispose of the property they inherited, and no organization or individual may interfere."
At the same time, the provisions of Articles 14 and 23 of the Several Provisions of the Supreme People's Court on the Application of the Time Effect of the Civil Code of the People's Republic of China (2021.1.1), as well as the provisions of Articles 1, 2, and 31 of the Interpretation of the Supreme People's Court on the Application of the Succession Part of the Civil Code of the People's Republic of China (2021.1.1), are applicable.
(13) Treatment of infringement compensation
Article 181 stipulates: "If the infringee dies, his or her near relatives have the right to request the infringer to bear liability for the infringement. If the infringee is an organization and the organization is divided or merged, the organization that inherits the right has the right to request the infringer to bear the infringement."?
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