The translation of the Chinese Civil Code posted on the Chinese Congress website is a disaster. See Why I decide to translate the Chinese Civil Code by myself.
Revised translation for Section 24 on Dec. 28, 2022.
Chapter 2 Individuals
Part 1 Legal Capacity
Section 13 Individuals have the legal capacity to enjoy rights and assume obligations pursuant to law from their birth to their death.
Section 14 All individuals are equal with respect to their legal capacity.
Section 15 The date recorded on an individual's birth certificate and death certificate shall be such individual's date of birth and date of death respectively. The date recorded on a household registration document or other effective identification registration shall control if there is no birth certificate and death certificate, provided that there is other valid proof against the date mentioned above.
Section 16 A fetus shall be deemed as having legal capacity with regard to fetal rights protection, including succession and acceptance of a gift. However, such legal capacity shall be null and void, ab initio, as if it was never existed if the fetus is stillborn after the labor and delivery.
Section 17 All individuals above eighteen years of age are declared to be adults. All individuals under eighteen years of age are declared to be minors.
Section 18 Adults are capacitated individuals who have the ability to act independently.
Minors above sixteen years of age shall be deemed as capacitated individuals if they make a living based on their job salary primarily.
Section 19 Minors above eight years of age are individuals with limited capacity. Their statutory guardians shall act on behalf of them, or may agree or acknowledge such minors' actions, except for those actions that only do good to such minors, or actions acceptable considering their ages and intelligence.
Section 20 Minors under eight years of age are incapacitated individuals. Their statutory guardians shall act on behalf of them.
Section 21 Adults who lack the understanding of their actions are incapacitated individuals. Their statutory guardians shall act on behalf of them.
The subsection above shall control if minors above eight years of age lack an understanding of their actions.
Section 22 Adults who lack an exact understanding of their actions are individuals with limited capacity. Their statutory guardians shall act on behalf of them, or may agree or acknowledge such adults' actions, except for those actions that only do good to such adults, or actions acceptable considering their intelligence or mental health conditions.
Section 23 The guardians of incapacitated individuals and individuals with limited capacity are the statutory guardian of such individuals.
Section 24 Interested persons or appropriate organizations may file a petition with a court to decide that an adult is an incapacitated individual if the adult lacks the understanding of their actions, or an individual with limited capacity if the adult lacks the exact understanding of their actions.
The adults themselves, interested persons, or appropriate organizations may file a petition with a court to decide that such an adult is an individual with limited capacity if the adult had been decided by a court as an incapacitated individual, or a capacitated individual if the adult had been decided by a court as individuals with limited capacity, based on the recovery of the adult's intelligence or mental health conditions.
The appropriate organizations provided under this Section include without limitation urban residents committees, rural residents committees, schools, health care institutions, women's rights organizations, disability rights organizations, nursing homes incorporated for the elderly, and civil affairs offices.
Section 25 An individual's domicile shall be the address registered in the household registration document or other valid identification registration document. An individual's habitual residence shall be deemed as its domicile if the habitual residence is not the domicile registered.
- Joey Zhang
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