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合同法(英文版)-資料下載頁

2024-12-30 17:54本頁面
  

【正文】 gee, if the third person fails to perform or rendered nonconforming performance, the obligor shall be liable to the obligee for breach of contract.Article 66 Simultaneous PerformanceWhere the parties owe performance toward each other and there is no order of performance, the parties shall perform simultaneously. Prior to performance by the other party, one party is entitled to reject its requirement for performance. If the other party rendered nonconforming performance, one party is entitled to reject its corresponding requirement for performance.Article 67 Consecutive PerformanceWhere the parties owe performance toward each other and there is an order of performance, prior to performance by the party required to perform first, the party who is to perform subsequently is entitled to reject its requirement for performance. If the party required to perform first rendered nonconforming performance, the party who is to perform subsequently is entitled to reject its corresponding requirement for performance.Article 68 Right to Suspend PerformanceThe party required to perform first may suspend its performance if it has conclusive evidence establishing that the other party is in any of the following circumstances:(i) Its business has seriously deteriorated。(ii) It has engaged in transfer of assets or withdrawal of funds for the purpose of evading debts。(iii) It has lost its business creditworthiness。(iv) It is in any other circumstance which will or may cause it to lose its ability to perform.Where a party suspends performance without conclusive evidence, it shall be liable for breach of contract.Article 69 Notification upon Suspension of Performance。 TerminationIf a party suspends its performance in accordance with Article 68 hereof, it shall timely notify the other party.If the other party provides appropriate assurance for its performance, the party shall resume performance. After performance was suspended, if the other party fails to regain its ability to perform and fails to provide appropriate assurance within a reasonable time, the suspending party may terminate the contract.Article 70 Difficulty in Rendering Performance Due to CombinationWhere after effecting bination, division, or change of domicile, the obligee failed to notify the obligor, thereby making it difficult to render performance, the obligor may suspend its performance or place the subject matter in escrow.Article 71 Right to Reject Early Performance。 ExceptionThe obligee may reject the obligor39。s early performance, except where such early performance does not harm the obligee39。s interests.Any additional expense incurred by the obligee due to the obligor39。s early performance shall be borne by the obligor.Article 72 Right to Reject Partial Performance。 ExceptionAn obligee may reject the obligor39。s partial performance, except where such partial performance does not harm the obligee39。s interests.Any additional expense incurred by the obligee due to the obligor39。s partial performance shall be borne by the obligor.Article 73 Subrogation。 LimitationWhere the obligor delayed in exercising its creditor39。s right against a third person that was due, thereby harming the obligee, the obligee may petition the People39。s Court for subrogation, except where such creditor39。s right is exclusively personal to the obligor.The scope of subrogation is limited to the extent of the obligee39。s right to performance. The necessary expenses for subrogation by the obligee shall be borne by the obligor.Article 74 Obligee39。s Right to Cancel Manifestly Unreasonable Act by ObligorWhere the obligor waived its creditor39。s right against a third person that was due or assigned its property without reward, thereby harming the obligee, the obligee may petition the People39。s Court for cancellation of the obligor39。s act. Where the obligor assigned its property at a low price which is manifestly unreasonable, thereby harming the obligee, and the assignee was aware of the situation, the obligee may also petition the People39。s Court for cancellation of the obligor39。s act.The scope of cancellation right is limited to the extent of the obligee39。s right to performance. The necessary expenses for the obligee39。s exercise of its cancellation right shall be borne by the obligor.Article 75 Time Limit for Exercising Obligee39。s Cancellation RightThe obligee39。s cancellation right shall be exercised within one year, mencing on the date when it became, or should have bee, aware of the cause for cancellation. Such cancellation right is extinguished if not exercised within five years, mencing on the date of occurrence of the obligor39。s act.Article 76 A Party39。s Internal Change Not Excuse for NonperformanceOnce a contract bees effective, a party may not refuse to perform its obligations thereunder on grounds of any change in its name or change of its legal representative, person in charge, or the person handling the contract.Chapter Five Amendment and Assignment of ContractsArticle 77 Amendment。 Amendment Subject to ApprovalA contract may be amended if the parties have so agreed.Where amendment to the contract is subject to any procedure such as approval or registration, etc. as required by a relevant law or administrative regulation, such provision applies.Article 78 Ambiguous Amendment Not EffectiveA contract term is construed not to have been amended if the parties failed to clearly prescribe the terms of the amendment.Article 79 Assignment of Rights。 ExceptionsThe obligee may assign its rights under a contract in whole or in part to a third person, except where such assignment is prohibited:(i) in light of the nature of the contract。(ii) by agreement between the parties。(iii) by law.Article 80 Duty to Notify When Assigning Rights。 Revocation of Assignment Subject to Assignee39。s ConsentWhere the obligee assigns its rights, it shall notify the obligor.
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