合同法解釋（二）英文版-文庫(kù)吧
2025-08-03 10:17 本頁(yè)面
【正文】 fied in the contract does not ply with the actual place of signature or seal, the people39。s court shall rule that the specified place of conclusion is the place of conclusion of the contract。 in case the contract does not specify the place of conclusion, and the places of signature or seal are not at the same place, the people39。s court shall rule that the place of the last signature or seal is the place of concluding the contract. Article 5 Where the parties conclude a contract in the form of a contract statement, they shall sign or seal such statement. In case the parties press their fingers on the statement, the people39。s court shall rule that it has the same legal force as signature or seal. Article 6 The party providing the standard terms uses special markings, in respect of clauses excluding or restricting its liabilities, such as words, punctuation, typeface, etc., which are adequate to arouse the other party39。s attentions, and explain the said standard terms upon the other party39。s request, the people39。s court shall rule that it plies with reasonable manner as specified in Article 39 of the Contract Law. The party providing the standard terms shall be responsible for proving that it has reasonably performed its obligation of informing and explaining such clauses. Article 7 In case the following circumstances do not violate the mandatory provisions of laws and administrative regulations, the people39。s court may rule them as trading customs as mentioned in the Contract Law: (1) Practices which are monly adopted at the local place of the trade, a certain field or a certain industry and is known or should be known by the trading parties at the time of concluding the contract。 (2) Usual Practices which are frequently used by both parties. With respect of trading customs, the party claiming such customs shall bear the burden of proof. Article 8 After a contract which shall e into effect upon approval or registration as prescribed by laws and administrative regulations has been concluded, in case the party responsible for applying for such approval or registration fails to do so according to the provisions of laws and the contract, it is other conducts which violate the principle of good faith as prescribed in Item 3 of Article 42 of Contract Law. The people39。s court may, according to the specific conditions of the case and upon the request of the persons concerned, rule that the persons concerned go through relevant formalities by themselves. The other party shall be responsible for pensating the expenses arising under such circumstance and the actual losses of the persons concerned. Chapter II Validity of the Contract Article 9 Where the party providing the standard terms violates the provisions of Paragraph 1, Article 39 concerning the obligation of informing and explaining, which causes the other party to fail to notice the term excluding or restricting the said party39
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