【正文】
ct shall have no effect: (1) clauses relating to personal injuries sustained by the other party。 and(2) clauses relating to property losses sustained by the other party either because of the first party’s deliberate acts or its gross negligence.第五十四條下列合同,當事人一方有權(quán)請求人民法院或者仲裁機構(gòu)變更或者撤銷: (一)因重大誤解訂立的;(二)在訂立合同時顯失公平的。一方以欺詐、脅迫的手段或者乘人之危,使對方在違背真實意思的情況下訂立的合同,受損害方有權(quán)請求人民法院或者仲裁機構(gòu)變更或者撤銷。當事人請求變更的,人民法院或者仲裁機構(gòu)不得撤銷。Article 54.A party has the right to request that the people’s court or an arbitration body alters or nullifies the following contracts: (1) one which was concluded as a result of a serious misunderstanding。 or(2) one which was clearly unfair at the time it was concluded.Where one party, through the use of fraudulent or coercive means or by taking advantage of the other party’s difficulties, leads the other party to conclude a contract contrary to his or her true intentions, the party suffering detriment has the right to request that the people’s court or an arbitration body alters or nullifies the said contract.Where a party requests alteration of the contract, the people’s court or the arbitration body may not nullify the said contract.第五十五條有下列情形之一的,撤銷權(quán)消滅: (一)具有撤銷權(quán)的當事人自知道或者應當知道撤銷事由之日起一年內(nèi)沒有行使撤銷權(quán);(二)具有撤銷權(quán)的當事人知道撤銷事由后明確表示或者以自己的行為放棄撤銷權(quán)。Article 55.In either of the following situations, the right to revoke the contract will be lost: (1) the party with the right to revoke has failed to exercise this right within one (1) year from the date on which the said party knew or ought to have known of the circumstances out of which the right to revoke arose。 or(2) after the party possessing the right to revoke has bee aware that the right to revoke has arisen, the said party, through a clear declaration or by his or her conduct, waives the right of revocation.第五十六條無效的合同或者被撤銷的合同自始沒有法律約束力。合同部分無效,不影響其他部分效力的,其他部分仍然有效。Article 56.Contracts that are invalid or have been revoked possess no legal binding force ab initio. Where a contract is invalid in part, but the invalidity of the said part does not affect the validity of the other parts of the contract, then these other parts will still be valid.第五十七條合同無效、被撤銷或者終止的,不影響合同中獨立存在的有關(guān)解決爭議方法的條款的效力。Article 57.A contract’s invalidity, revocation or termination does not affect the effectiveness of those clauses in the contract relating to methods of dispute resolution which exist independently.第五十八條合同無效或者被撤銷后,因該合同取得的財產(chǎn),應當予以返還;不能返還或者沒有必要返還的,應當折價補償。有過錯的一方應當賠償對方因此所受到的損失,雙方都有過錯的,應當各自承擔相應的責任。Article 58.After a contract has been declared invalid or revoked, all property obtained by reason of the said contract shall be returned。 where the property cannot be returned or there is no need to return it, pensation shall be paid on the basis of the depreciated value of the property. A party that is at fault is liable to pensate the other party for its resulting losses, and where both parties are at fault, then each party shall bear the relevant liability respectively.第五十九條當事人惡意串通,損害國家、集體或者第三人利益的,因此取得的財產(chǎn)收歸國家所有或者返還集體、第三人。Article 59.Where the contract involves a malicious conspiracy, and is detrimental to the interests of the State, a collective or a third party, all property thereby obtained shall be the property of the State or shall be returned to the collective or the third person.第四章 合同的履行CHAPTER IV — PERFORMANCE OF CONTRACTS第六十條當事人應當按照約定全面履行自己的義務。 當事人應當遵循誠實信用原則,根據(jù)合同的性質(zhì)、目的和交易習慣履行通知、協(xié)助、保密等義務。Article 60.The parties shall perform their respective obligations in their entirety in accordance with the terms of their agreement. Parties shall observe the principles of honesty and trustworthiness, and shall perform all notification, assistance and confidentiality obligations, etc, in accordance with the nature and purpose of the contract and in accordance with business practices.第六十一條合同生效后,當事人就質(zhì)量、價款或者報酬、履行地點等內(nèi)容沒有約定或者約定不明確的,可以協(xié)議補充;不能達成補充協(xié)議的,按照合同有關(guān)條款或者交易習慣確定。Article 61.After the contract es into effect, where the parties have made no agreement or have not e to a clear agreement with respect to matters such as quality, price or remuneration, the place of performance, etc, they may agree on additional provisions dealing with these matters。 where the parties are unable to reach agreement on such provisions, the said matters will be determined by reference to the relevant provisions of the contract or by reference to business practice.第六十二條當事人就有關(guān)合同內(nèi)容約定不明確,依照本法第六十一條的規(guī)定仍不能確定的,適用下列規(guī)定: (一)質(zhì)量要求不明確的,按照國家標準、行業(yè)標準履行;沒有國家標準、行業(yè)標準的,按照通常標準或者符合合同目的的特定標準履行。(二)價款或者報酬不明確的,按照訂立合同時履行地的市場價格履行;依法應當執(zhí)行政府定價或者政府指導價的,按照規(guī)定履行。(三)履行地點不明確,給付貨幣的,在接受貨幣一方所在地履行;交付不動產(chǎn)的,在不動產(chǎn)所在地履行;其他標的,在履行義務一方所在地履行。(四)履行期限不明確的,債務人可以隨時履行,債權(quán)人也可以隨時要求履行,但應當給對方必要的準備時間。(五)履行方式不明確的,按照有利于實現(xiàn)合同目的的方式履行。(六)履行費用的負擔不明確的,由履行義務一方負擔。Article 62.Where the parties have not e to a clear agreement on a relevant issue under the contract, and it is not possible to determine the issue in accordance with the provisions of Article 61 of this Law, the following provisions shall apply: (1) Where there has been no clear agreement as to quality requirements, performance shall be in accordance with state or industry standards。 where there are no state or industry standards, performance shall be in accordance with usual standards or in accordance with special standards as appropriate given the purpose of the contract.(2) Where there has been no clear agreement as to price or remuneration, performance of payment obligations shall be in accordance with market prices at the place that the contract is performed at the time the contract is concluded。 where the law requires the implementation of government fixed prices or government guiding prices, then payment shall be in accordance with the relevant provisions.(3) Where there has been no clear agreement as to the place of performance, and payment is made in the form of money, performance shall be at the place of business of the party which is receiving the money。 where payment is made in the form of real property, performance shall be at the pla