【正文】
Interpretations of the Supreme People39。s Court of Certain Issues Concerning the Application of the Contract Law of the People39。s Republic of China (Part One) Promulgation Date 12291999 Effective Region NATIONAL Promulgator the Supreme People39。s Court Document No Fa Shi [1999] Effectiveness Effective Effective Date 19991229 Category Contract( Civil LawContract) Interpretations of the Supreme People39。s Court of Certain Issues Concerning the Application of the Contract Law of the People39。s Republic of China (Part One) Fa Shi [1999] December 29, 1999 The Interpretations of Supreme People39。s Court39。s on Certain Issues Concerning the Application of the Contract Law of the People39。s Republic of China (One) which were adopted at the 1090th Session of the Adjudication Committee of the Supreme People39。s Court on December 1, 1999 are now issued and shall be effective as of December 29, 1999. Pursuant to the Contract Law of the People39。s Republic of China (hereinafter referred to as the Contract Law), and with a view to facilitating the proper adjudication of contractual disputes, we hereby issue the following interpretations of certain issues concerning the application of the Contract Law by People39。s Courts: Article 1 Scope of Application of the Law Article 1 Where a suit is brought in a People39。s Court in respect of a dispute arising out of a contract formed after the operative date of the Contract Law, the provisions of the Contract Law shall apply。 where a suit is brought in a People39。s Court in respect of a dispute concerning a contract formed before the operative date of the Contract Law, except where otherwise provided herein, the provisions of the law in effect at the time shall apply, provided that where the law in effect at the time did not provide for the relevant matter, the applicable provisions of the Contract Law may be applied. Article 2 Where a contract was formed before the operative date of the Contract Law, but the prescribed time limit for performance extends beyond, or mences after, the operative date of the Contract Law, if a dispute arises out of its performance, the relevant provisions of Chapter Four of the Contract Law shall apply. Article 3 In determining the validity of a contract formed before the operative date of the Contract Law, if application of the law in effect at the time leads to its invalidation, but application of the Contract Law leads to affirmation of its validity, the People39。s Court shall apply the Contract Law. Article 4 After the Contract Law became operative, a People39。s Court may only invalidate a contract in accordance with laws adopted by the National People39。s Congress or its Standing Committee or administrative regulations adopted by the State Council, and may not invalidate a contract on the basis of any local statute or administrative rules. Article 5 Where a People39。s Court readjudicates a case o