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中國(guó)合同法英文版-全文預(yù)覽

  

【正文】 by conduct in accordance with the relevant usage or as indicated in the offer. Article 23 Timely Dispat of Acceptance An acceptance shall rea the offeror within the period prescribed in the offer. Where the offer does not prescribe a period for acceptance, the acceptance shall rea the offeror as follows: (i) Where the offer is made orally, the acceptance shall be dispated immediately, unless otherwise agreed by the parties。 (ii) if the offeree has reason to regard the offer as irrevocable, and has undertaken preparation for performance. Article 20 Extinguishment of Offer An offer is extinguished in any of the following circumstances: (i) The notice of rejection reaes the offeror。 (vii) liabilities for brea of contract。 (iii) quantity。 Legal Protection A lawfully formed contract is legally binding on the parties. The parties shall perform their respective obligations in accordance with the contract, and neither party may arbitrarily amend or terminate the contract. A lawfully formed contract is protected by law. apter Two: Formation of Contracts Article 9 Capacity。 Exclusions For purposes of this Law, a contract is an agreement between natural persons, legal persons or other organizations with equal standing, for the purpose of establishing, altering, or disarging a relationship of civil rights and obligations. An agreement concerning any personal relationship su as marriage, adoption, guardianship, etc. shall be governed by other applicable laws. Article 3 Equal Standing of Parties Contract parties enjoy equal legal standing and neither party may impose its will on the other party. Article 4 Right to Enter into Contract Voluntarily A party is entitled to enter into a contract voluntarily under the law, and no entity or individual may unlawfully interfere with su right. Article 5 Fairness The parties shall abide by the principle of fairness in prescribing their respective rights and obligations. Article 6 Good Faith The parties shall abide by the principle of good faith in exercising their rights and performing their obligations. Article 7 Legality In concluding or performing a contract, the parties shall abide by the relevant laws and administrative regulations, as well as observe social ethics, and may not disrt social and economic order or harm the public interests. Article 8 Binding Effect。 (ii) subject matter。 (vi) time, place and method of performance。 if no specific system has been designated, the time when the electronic message first enters into any of the recipient‘s systems is deemed its time of arrival. Article 17 Withdrawal of Offer An offer may be withdrawn. The notice of withdrawal shall rea the offeree before or at the same time as the offer. Article 18 Revocation of Offer An offer may be revoked. The notice of revocation shall rea the offeree before it has dispated a notice of acceptance. Article 19 Irrevocable Offer An offer may not be revoked: (i) if it expressly indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable。 (iv) The offeree makes a material ange to the terms of the offer. Article 21 Definition of Acceptance An acceptance is the offeree‘s manifestation of intention to assent to an offer. Article 22 Mode of Acceptance。 Electronic Messages The place where the acceptance bees effective is the place of formation of a contract. Where a contract is concluded by the exange of electronic messages, the recipient‘s main place of business is the place of formation of the contract。 (iii) any other conduct whi violates the principle of good faith. Article 43 Trade Secrets。 where a party improperly facilitated the satisfaction of a condition, the condition is deemed not to have been satisfied. Article 46 Contract Term The parties may prescribe a term for a contract. A contract subject to a time of mencement bees effective at su time. A contract subject to a time of expiration is extinguished at su time. Article 47 Contract by Person with Limited Capacity A contract concluded by a person with limited capacity for civil act is valid on ratification by the legal agent thereof, provided that a contract from whi su person accrues benefits only or the conclusion of whi is appropriate for his age, intelligence or mental health does not require ratification by his legal agent. The other party may demand that the legal agent ratify the contract within one month. If the legal agent fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification of the contract, the other party in good faith is entitled to cancel the contract. Cancellation shall be effected by notification. Article 48 Contract by Unauthorized Agent Absent ratification by the principal, a contract concluded on his behalf by a person who lacked agency authority, who acted beyond his agency authority or whose agency authority was extinguished is not binding on the principal unless ratified by him, and the person performing su act is liable. The other party may demand that the principal ratify the contract within one month. Where the principal fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification of the contract, the other party in good faith is entitled to cancel the contract. Cancellation shall be effected by notification. Article 49 Contract by Person with Apparent Agency Authority Where the person lacking agency authority, acting beyond his agency authority, or whose agency authority was extinguished concluded a contract in the name of the principal, if it was reasonable for the other party to believe that the person performing the act had agency authority, su act of agency is valid. Article 50 Contract Executed by Legal Representative Where the legal representative or the personinarge of a legal person or an organization of
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