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合同法英文版范本(參考版)

2025-05-20 12:55本頁面
  

【正文】 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 right to performance. The necessary expenses for subrogation by the obligee shall be borne by the obligor.Article 74 Obligee39。s Court for subrogation, except where such creditor39。 LimitationWhere the obligor delayed in exercising its creditor39。s interests.Any additional expense incurred by the obligee due to the obligor39。 ExceptionAn obligee may reject the obligor39。s interests.Any additional expense incurred by the obligee due to the obligor39。 ExceptionThe obligee may reject the obligor39。(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。(ii) It has engaged in transfer of assets or withdrawal of funds for the purpose of evading debts。(v) If the method of performance was not clearly prescribed, performance shall be rendered in a manner which is conducive to realizing the purpose of the contract。 for any other subject matter, performance shall be at the place where the obligor is located。(iii) Where the place of performance was not clearly prescribed, if the obligation is payment of money, performance shall be at the place where the payee is located。 absent any state or industry standard, performance shall be in accordance with the customary standard or any particular standard consistent with the purpose of the contract。 Supplementary AgreementIf a term such as quality, price or remuneration, or place of performance etc. was not prescribed or clearly prescribed, after the contract has taken effect, the parties may supplement it through agreement。 where restitution in kind is not possible or necessary, allowance shall be made in money based on the value of the property. The party at fault shall indemnify the other party for its loss sustained as a result. Where both parties were at fault, the parties shall bear their respective liabilities accordingly.Article 59 Remedies in Case of Collusion in Bad FaithWhere the parties colluded in bad faith, thereby harming the interests of the state, the collective or a third person, any property acquired as a result shall be turned over to the state or be returned to the collective or the third person.Chapter Four Performance of ContractsArticle 60 Full Performance。(ii) Upon being aware of the cause for cancellation, it waives the cancellation right by express statement or by conduct.Article 56 Effect of Invalidation or Cancellation。s Court or arbitration institution may not cancel the contract instead.Article 55 Extinguishment of Cancellation RightA party39。s hardship, the aggrieved party is entitled to petition the People39。s Court or an arbitration institution for amendment or cancellation of a contract if:(i) the contract was concluded due to a material mistake。(ii) excluding one party39。(v) The contract violates a mandatory provision of any law or administrative regulation.Article 53 Invalidity of Certain Exculpatory ProvisionsThe following exculpatory provisions in a contract are invalid(i) excluding one party39。(iii) The parties intended to conceal an illegal purpose under the guise of a legitimate transaction。 where a party improperly facilitated the satisfaction of a condition, the condition is deemed not to have been satisfied.Article 46 Contract TermThe parties may prescribe a term for a contract. A contract subject to a time of mencement bees effective at such time. A contract subject to a time of expiration is extinguished at such time.Article 47 Contract by Person with Limited Capacity A contract concluded by a person with limited capacity for civil act is valid upon ratification by the legal agent thereof, provided that a contract from which such person accrues benefits only or the conclusion of which 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 AgentAbsent 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 upon the principal unless ratified by him, and the person performing such 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 AuthorityWhere 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, such act of agency is valid. Article 50 Contract Executed by Legal RepresentativeWhere the legal representative or the personincharge of a legal person or an organization of any other nature entered into a contract acting beyond his scope of authority, unless the other party knew or should have known that he was acting beyond his scope of authority, such act of representation is valid.Article 51 Unauthorized Disposal of Property through ContractWhere a piece of
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