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合同法解釋一英文版-資料下載頁

2025-09-04 11:10本頁面

【導(dǎo)讀】RepublicofChina(PartOne). Promulgation. CategoryContract(CivilLaw->Contract)。One). FaShi[1999]. December29,1999. LawbyPeople'sCourts:

  

【正文】 n interested third party, the People39。s Court may add such beneficiary or assignee as an interested third party. Article 25 Where an obligee brings a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law and petitions the People39。s Court for cancellation of the obligor39。s act of waiving its creditor39。s right or transferring its property, the People39。s Court shall adjudicate the case to the extent of the amount claimed by the obligee, and if the obligor39。s act is canceled in accordance with the law, such act shall be of no effect. Where suits on the same subject matter are filed separately by two or more obligees to enforce their respective cancellation rights, and the same obligor is named as the defendant, the People39。s Court may bine the suits for adjudication. Article 26 The necessary expenses incurred by the obligee in enforcing its cancellation right, such as attorney39。s fees and travel expenses, shall be borne by the obligor。 where the interested third party was also at fault, it shall share such expenses as appropriate. Article 6 Interested Third Parties in Cases of Assignment of Contracts Article 27 If subsequent to the obligee39。s assignment of its contractual right, a suit is brought in a People39。s Court in respect of a dispute between the obligor and the assignee which arose from the performance of the contract, and the obligor raises a defense against the contractual right of the obligee, it may name the obligee as an interested third party. Article 28 If with the consent of an obligee, the obligor has delegated its contractual obligations, and subsequently a suit is brought in a People39。s Court in respect of a dispute between the obligee and the delegatee which arose from the performance of the contract, and the delegatee, in defense against the obligee, avails itself of the obligor39。s right against the obligee, it may name the obligor as an interested third party. Article 29 If with the consent of the other party, a party concurrently assigned its contractual rights and delegated its contractual obligations to an assignee, and subsequently a suit is brought in a People39。s Court in respect of a dispute between the other party and the assignee which arose from the performance of the contract, and the other party raises a defense in respect of the rights and obligations under the contract, it may name the obligor as an interested third party. Article 7 Merger of Claims Article 30 Where at the time the obligee brought a suit in a People39。s Court, it made an election of claim in accordance with Article 122 of the Contract Law, and it subsequently changes its election, if the change is made before the mencement of the hearing in the trial of first instance, the People39。s Court shall allow the change. In the event the other party objects to the jurisdiction of the court and the objection is sustained, the People39。s Court shall dismiss the suit.
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