Ar cle 461 Where the immovable or movable property in another person’s possession is destructed,
damaged, or lost, and a person holding a right in the property requests for compensa on, the possessor shall
return to the right holder the amount of insurance payment, compensa on or indemnity he has received for
the property destructed, damaged, or lost; where the right holder has not been fully compensated, a
possessor mala de shall also compensate for the loss.
Ar cle 462 Where an immovable or movable property is trespassed or converted, its possessor is en tled to
request res tu on. Where there is a nuisance against the possession, the possessor has the right to request
the removal of the nuisance or the elimina on of the danger. Where damage is caused as a result of the
trespass, conversion, or nuisance, the possessor has the right to request compensatory damages in
accordance with law.
The possessor’s right to request for res tu on is ex nguished if such a right has not been exercised within
one year from the date the trespass or conversion occurs.
Book Three Contracts
Part One General Provisions
Chapter I General Rules
Ar cle 463 This Book regulates the civil-law rela ons arising from contracts.
Ar cle 464 A contract is an agreement on the establishment, modi ca on, or termina on of a civil juris c
rela onship between persons of the civil law.
An agreement on establishing a marriage, adop on, guardianship, or the like personal rela onships shall be
governed by the provisions of laws providing for such personal rela onships; in the absence of such
provisions, the provisions of this Book may be applied muta s mutandis according to the nature of such
agreements.
Ar cle 465 A contract formed in accordance with law is protected by law.
A contract formed in accordance with law is legally binding only on the par es thereto, unless otherwise
provided by law.
Ar cle 466 Where the par es have a dispute on the understanding of a contract clause, the meaning of the
disputed clause shall be determined according to the provisions in the rst paragraph of Ar cle 142 of this
Code.
Where a contract is made in two or more languages which are agreed to be equally authen c, the words and
sentences used in each text shall be presumed to have the same meaning. Where the words and sentences
used in each text are inconsistent, interpreta on thereof shall be made in accordance with the related
clauses, nature, and purpose of the contract, and the principle of good faith, and the like.
Ar cle 467 For a contract not explicitly provided in this Code or other laws, the General Provisions of this
Book shall be applied, and the provisions provided in this Book and other laws on a contract which is most
similar to the said contact may be applied muta s mutandis.
The laws of the People's Republic of China shall apply to the contracts of Sino-foreign equity joint venture,
contracts of Sino-foreign contractual joint venture, or contracts of Sino-foreign coopera on in the
explora on and exploita on of natural resources that to be performed within the territory of the People's
Republic of China.
Ar cle 468 For a creditor-debtor rela on not arising from a contract, the provisions of laws rela ng to such
rela ons shall be applied; in the absence of such provisions, the relevant provisions of the General Provisions
of this Book shall be applied, unless they shall not be applied based on the nature of the creditor-debtor
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