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PRC Civil Code: Chapter 14-Lease Contracts

Chapter 1 General Provisions
Article 1164    This Part governs the civil relationships arising from infringement upon civil rights and interests.Article 1165    Whoever is at fault in infringing upon another party's civil rights and interests and causing damage thereto shall bear tortious liability.A person who is presumed to be at fault pursuant to the provisions of the laws and is unable to prove him innocent shall bear tortious liability.
Article 1166    Where a person causes damage to the civil rights and interests of others, regardless of whether he is at fault or not, and the law stipulates that he shall be liable for tort, such provisions shall prevail.
Article 1167    Where a tortious act endangers the personal or property safety of another person, the infringed shall have the right to request the tortfeasor to bear tortious liability such as ceasing infringement, removing obstruction, eliminating danger, etc.
Article 1168    Where two or more persons have committed a tortious act jointly and caused damage to others, they shall bear joint and several liability.Article 1169    Whoever instigates or assists another person in committing a tortious act shall bear joint and several liability with the tortfeasor.Whoever instigates or assists a person with no capacity for civil conduct or person with restricted capacity for civil conduct in committing a tortious act shall bear tortious liability; where the guardian of the person with no capacity for civil conduct or the person with restricted capacity for civil conduct has not performed duties of guardianship, he shall bear the corresponding liability.
Article 1170    In case two or more persons have committed an act which compromises the personal or property safety of others, and the action of one or several of them has caused others to suffer damage, where the specific tortfeasor(s) can be determined, the tortfeasor(s) shall be held liable; if the specific tortfeasor(s) cannot be determined, the one who performed the act s shall bear joint and several liability.
Article 1171    Where the tortious acts committed respectively by two or more persons have caused the same damage, and the tortious acts of each person are sufficient to cause all the damage, the one who performed the act s shall bear joint and several liability.
Article 1172    Where the tortious acts committed respectively by two or more persons have caused the same damage, and the extent of liability can be determined, such persons shall bear the corresponding liability respectively; where it is difficult to determine the extent of liability, they shall bear liability equally.
Article 1173    Where the infringed is at fault for occurrence or amplification of the same damage, the liability of the tortfeasor(s) may be mitigated.
Article 1174    Where the damage is intentionally caused by the victim, the one who made the damage shall not be held liable.
Article 1175    A third party that causes the damage shall bear tortious liability.
Article 1176    In the event that a person is willing to participate in recreational and sports activities with certain risks, but is harmed due to the conduct of other participants, the victim shall not request other participants to bear tortious liability, unless other participants have committed intentional misconduct or gross negligence for the occurrence of the harm.The responsibility of the organizer of an activity shall be governed by Articles 1198 through 1201 hereof.
Article 1177    Where the legitimate rights and interests are infringed upon, the situation is urgent, timely protection cannot be obtained from State organs, and irreparable damage will be caused to the legitimate rights and interests unless immediate measures are taken, the victim may take reasonable measures such as detaining the property of the tortfeasor within the necessary scope for protecting his own legitimate rights and interests; provided however that he shall immediately request the State organs for handling.A victim that has adopted improper measures and caused damage to others shall bear tortious liability.
Article 1178    Where this Code and other laws provide otherwise in respect of circumstances under which liability may be exempted or mitigated, such provisions shall prevail.


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PRC Civil Code: Part VII Liability for Tort

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Related articles:RPC Civil Code: Chapter 4 Portrait Rights
Right to Privacy and Protection of Personal Information
PRC Civil Code: Chapter 14-Lease Contracts

Chapter 1 General Provisions
Article 1164    This Part governs the civil relationships arising from infringement upon civil rights and interests.Article 1165    Whoever is at fault in infringing upon another party's civil rights and interests and causing damage thereto shall bear tortious liability.A person who is presumed to be at fault pursuant to the provisions of the laws and is unable to prove him innocent shall bear tortious liability.
Article 1166    Where a person causes damage to the civil rights and interests of others, regardless of whether he is at fault or not, and the law stipulates that he shall be liable for tort, such provisions shall prevail.
Article 1167    Where a tortious act endangers the personal or property safety of another person, the infringed shall have the right to request the tortfeasor to bear tortious liability such as ceasing infringement, removing obstruction, eliminating danger, etc.
Article 1168    Where two or more persons have committed a tortious act jointly and caused damage to others, they shall bear joint and several liability.Article 1169    Whoever instigates or assists another person in committing a tortious act shall bear joint and several liability with the tortfeasor.Whoever instigates or assists a person with no capacity for civil conduct or person with restricted capacity for civil conduct in committing a tortious act shall bear tortious liability; where the guardian of the person with no capacity for civil conduct or the person with restricted capacity for civil conduct has not performed duties of guardianship, he shall bear the corresponding liability.
Article 1170    In case two or more persons have committed an act which compromises the personal or property safety of others, and the action of one or several of them has caused others to suffer damage, where the specific tortfeasor(s) can be determined, the tortfeasor(s) shall be held liable; if the specific tortfeasor(s) cannot be determined, the one who performed the act s shall bear joint and several liability.
Article 1171    Where the tortious acts committed respectively by two or more persons have caused the same damage, and the tortious acts of each person are sufficient to cause all the damage, the one who performed the act s shall bear joint and several liability.
Article 1172    Where the tortious acts committed respectively by two or more persons have caused the same damage, and the extent of liability can be determined, such persons shall bear the corresponding liability respectively; where it is difficult to determine the extent of liability, they shall bear liability equally.
Article 1173    Where the infringed is at fault for occurrence or amplification of the same damage, the liability of the tortfeasor(s) may be mitigated.
Article 1174    Where the damage is intentionally caused by the victim, the one who made the damage shall not be held liable.
Article 1175    A third party that causes the damage shall bear tortious liability.
Article 1176    In the event that a person is willing to participate in recreational and sports activities with certain risks, but is harmed due to the conduct of other participants, the victim shall not request other participants to bear tortious liability, unless other participants have committed intentional misconduct or gross negligence for the occurrence of the harm.The responsibility of the organizer of an activity shall be governed by Articles 1198 through 1201 hereof.
Article 1177    Where the legitimate rights and interests are infringed upon, the situation is urgent, timely protection cannot be obtained from State organs, and irreparable damage will be caused to the legitimate rights and interests unless immediate measures are taken, the victim may take reasonable measures such as detaining the property of the tortfeasor within the necessary scope for protecting his own legitimate rights and interests; provided however that he shall immediately request the State organs for handling.A victim that has adopted improper measures and caused damage to others shall bear tortious liability.
Article 1178    Where this Code and other laws provide otherwise in respect of circumstances under which liability may be exempted or mitigated, such provisions shall prevail.


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