thus harms the social public interests shall bear civil liability. Ar cle 186 Where a party’s breach of contract causes harm to the other party’s personal or proprietary rights and interests, the la er party may elect to request the former to bear liability either for breach of contract or for commission of tort. Ar cle 187 Where a person of the civil law has to concurrently bear civil, administra ve, and criminal liabili es as a result of the same act performed by him, the assump on of administra ve or criminal liabili es by the person shall not a ect the civil liability he should bear. If the assets of the person are insu cient to pay for all the liabili es, the civil liability shall be paid rst. Chapter IX Limita on of Ac on Ar cle 188 The limita on period for a person to request the people’s court to protect his civil-law rights is three years, unless otherwise provided by law. Unless otherwise provided by law, the limita on period begins from the date when the right holder knows or should have known that his right has been harmed and that who is the obligor. However, no protec on to a right is to be granted by the people’s court if 20 years have lapsed since the date when the injury occurs, except that the people’s court may, upon request of the right holder, extend the limita on period under special circumstances. Ar cle 189 Where the par es agree on payment of a debt by installment, the limita on period begins from the date when the last installment is due. Ar cle 190 The limita on period for a person with no or limited capacity for performing civil juris c acts to bring a claim against his legal representa ve begins from the date when the agency by opera on of law is terminated. Ar cle 191 The limita on period for a minor to bring a sexual molesta on claim against the o ender begins from the date when the minor reaches the age of 18. Ar cle 192 Expira on of the limita on period may be used by an obligor as a defense against a claim of nonperformance. An obligor who agrees to perform a prior obliga on a er the limita on period expires may not later on use the expira on of the limita on period as a defense, and an obligor who has voluntarily performed such a prior obliga on may not later on demand for res tu on. Ar cle 193 The people’s court shall not apply the provisions on limita on periods on its own ini a ve. Ar cle 194 The limita on period is suspended if, within the last six months of the limita on period, a right holder is unable to exercise the right to claim owing to the existence of one of the following obstacles: (1) where there is force majeure; (2) where the right holder with no or limited capacity for performing civil juris c acts has no legal representa ve, or his legal representa ve deceases or loses the capacity for performing civil juris c acts or the right to representa on; (3) where no heir or administrator of estate has been determined a er the opening of succession; (4) where the right holder is controlled by the obligor or another person; or (5) where there are other obstacles that cause the right holder unable to exercise the right to claim. The limita on period shall expire six months a er the date when the cause for suspension is removed. Ar cle 195 A limita on period is interrupted under any of the following circumstances, and the limita on period shall run anew from the me of interrup on or the me when the relevant proceeding is completed: (1) the right holder requests the obligor to perform the obliga on; ti ti ti ti ti ti ti ff ti ti ti ti ti ti ti ti fi ti ti ft ti ti ft ti ti ti ti ft ti ti ti ti ff ti ti ti ti tt ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ffi ti ti ti ti ti ti ti ti ti ti 23

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents