Legal Terms: Definitions (The Civil Code)

Adult(成年人)

means any natural person who has attained to the age of 18 years.

Minor(未成年人)

means a natural person who has not attained to the age of 18 years.

Individual business(个体工商户)

means any business engaged in industrial or commercial operation managed by and in the name of natural persons and registered according to law.

Rural tenant household(农村承包经营户)

Rural tenant household means any household as a member of a rural collective economic organization, legally granted the right to contract and manage rural land, and engaged in the operation of tenancy of land for agriculture according to law.

Legal entity(法人)

means any entity which has the capacities for civil rights and acts and is entitled to civil rights and undertakes civil obligations according to law independently.

For-profit legal entity(营利法人)

means any legal entity established for the purpose of making profits and distributing them to its shareholders and other contributors.

Nonprofit legal entity(非营利法人)

means any legal entity established for public welfare or other not-for-profit purposes and not for distributing profits to its contributors, founders or members.

Special legal entity(特别法人)

means any government authority, rural collective economic organization, urban or rural cooperative economic organization, or residents' autonomous organization, as a legal entity.

Unincorporated entity(非法人组织)

means any entity that is not granted the status as a legal entity but may engage in civil activities in its own name according to law.

Claim(债权)

means the right of an obligee to request a specific obligor to act or refrain from acting, whether in contract, tort, agency by necessity, unjust enrichment, or otherwise in the law.

Civil juristic act(民事法律行为)

means any act of a person establishing, altering, or terminating a civil legal relationship through a manifestation of intention.

Contract(合同)

means any agreement between persons establishing, altering, or terminating a civil legal relationship.

"Written" or "in writing"(书面形式)

means a written contract, letter, telegram, telex, fax, or any form in which the contents are tangibly expressed.

Offer(要约)

means the offeror's manifestation of intention to enter into a contract with the offeree and shall:

Invitation to offer(要约邀请)

means the inviter's manifestation of intention to request the invitee to make an offer to the inviter.

Acceptance(承诺)

means the offeree's manifestation of consent to the offer.

Standard term(格式条款)

means any term prepared in advance by either party for repeated use and included in a contract without consulting the other party.

Guarantee period(保证期间)

means the period during which guarantee liability may be claimed against the guarantor and is not subject to suspension, interruption, or extension.

Technical work product(职务技术成果)

means any technical deliverable accomplished in the process of performing the job duties for a legal entity or an unincorporated entity mainly by using the materials and technical conditions of such legal entity or unincorporated entity.

Likeness(肖像)

means the external appearance of a natural person which may be presented on a certain media by means of image, sculpture, or painting through which such natural person may be identified.

Reputation(名誉)

means the evaluation of a person's moral character, prestige, talent, and credibility by society.

Privacy(隐私)

means any natural person's peaceful enjoyment of the private life, space, activities, and information that the person is unwilling to be known by any other person.

Personal information(个人信息)

means any information recorded electronically or otherwise which can be used to identify a specific natural person alone or in combination with other information, including but not limited to a natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail, health information, or whereabouts information.

Estate(遗产)

means the legal personal property of a deceased natural person.



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Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

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