【正文】
一方在對(duì)方履行債務(wù)不符合約定時(shí),有權(quán)拒絕其相應(yīng)的履行要求。s demand for the discharge if the latter fails to meet its liabilities as contracted.第六十六條當(dāng)事人互負(fù)債務(wù),沒有先后履行順序的,應(yīng)當(dāng)同時(shí)履行。Article 66 Where the parties are in debt to each other and there is no time order for discharging the debts, they shall meet their respective liabilities simultaneously. Either party has the right to reject the other party39。Article 64 Where the parties agree that the debtor shall discharge the debts to a third party and where the debtor fails to do so or fails to meet its liability as contracted, the debtor shall bear the liability for breach of contract to the creditor.第六十四條當(dāng)事人約定由債務(wù)人向第三人履行債務(wù)的,債務(wù)人未向第三人履行債務(wù)或者履行債務(wù)不符合約定,應(yīng)當(dāng)向債權(quán)人承擔(dān)違約責(zé)任。逾期交付標(biāo)的物的,遇價(jià)格上漲時(shí),按照原價(jià)格執(zhí)行;價(jià)格下降時(shí),按照新價(jià)格執(zhí)行。 if the price drops at the delivery, the new price shall be the fulfilling price. Where an overdue deliverytaking or overdue payment occurs, the new price shall be the fulfilling price if the price goes up。(6) in case of unclear charge for the performance, the charge shall be borne by the party fulfilling the obligations.(六)履行費(fèi)用的負(fù)擔(dān)不明確的,由履行義務(wù)一方負(fù)擔(dān)。(5) in case of unclear mode of performance, the contract shall be performed in a manner conducive to the realization of the aim of the contract。(4) in case of unclear time limit for the performance, the debtor may fulfill its obligations at any time, and the creditor may demand the fulfillment at any time, while giving the debtor necessary time to make preparations。 where other targeted matters are involved, the contract shall be performed in the place of the party fulfilling the obligations。(3) in case of unclear stipulation of place of performance, where the payment is in cash, the contract shall be performed in the place of the cash recipient。(2) in case of unclear price or remuneration stipulation, the contract shall be performed in accordance with the market price in the place of contract performance at the time of the making of the contract, or according to the governmentset price or governmentguided price if it is so required by law。Article 62 Where the parties have unclearly stipulated related contents in a contract and fails to determine them in accordance with the provisions of Article 61 of this Law, the following provisions shall apply: 第六十二條當(dāng)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:(1) in case of unclear quality requirements, the contract shall be performed in accordance with State standards or trade standards, or in the absence of such standards, in accordance with mon standards or special standards conforming to the aim of the contract。Article 61 For a contract that has bee valid, where the parties have not stipulated the contents regarding quality, price or remuneration or the place of performance, or have stipulated them unclearly, the parties may supplement them by agreement。Chapter IV Fulfillment of the Contract第四章 合同的履行Article 60 The parties shall fulfill fully their respective obligations as contracted.第六十條當(dāng)事人應(yīng)當(dāng)按照約定全面履行自己的義務(wù)。有過錯(cuò)的一方應(yīng)當(dāng)賠償對(duì)方因此所受到的損失,雙方都有過錯(cuò)的,應(yīng)當(dāng)各自承擔(dān)相應(yīng)的責(zé)任。Article 57 If a contract bees invalid, or is rescinded or terminated, the validity of its independently existing clauses pertaining to the settlement of disputes shall not be affected.第五十七條合同無效、被撤銷或者終止的,不影響合同中獨(dú)立存在的有關(guān)解決爭(zhēng)議方法的條款的效力。Article 56 An invalid or rescinded contract does not have legal binding force from the outset. If a part of a contract bees invalid without affecting the validity of the other parts, the other parts remain valid.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。Article 55 The right to rescind shall vanish where:(1) the party with the right to rescind has not exercised it within a year from the date on which it was aware or ought to be aware of the matter for the rescission。Where the request of the party is an alteration to the contract, the people39。Where a party makes the other party enter into a contract against its true will by means of deceit, coercion or taking advantage of its difficulties, the injured party has the right to request a people39。s court or an arbitration institution to alter or rescind any of the following contracts:第五十四條下列合同,當(dāng)事人一方有權(quán)請(qǐng)求人民法院或者仲裁機(jī)構(gòu)變更或者撤銷:(1) any contract which is made under substantial misunderstanding。 or(一)造成對(duì)方人身傷害的;(2) those causing losses to property to the other party by intention or due to gross negligence.(二)因故意或者重大過失造成對(duì)方財(cái)產(chǎn)損失的。 or(四)損害社會(huì)公共利益;(5) mandatory provisions of laws and administrative regulations are violated.(五)違反法律、行政法規(guī)的強(qiáng)制性規(guī)定。(二)惡意串通,損害國家、集體或者第三人利益;(3) there is an attempt to conceal illegal goals under the disguise of legitimate forms。s interests。s property, upon ratification by the obligee or if the person without the right of disposal obtains the right of disposal after making the contract, the contract shall be effective.第五十一條無處分權(quán)的人處分他人財(cái)產(chǎn),經(jīng)權(quán)利人追認(rèn)或者無處分權(quán)的人訂立合同后取得處分權(quán)的,該合同有效。Article 50 Where a legal person, or the legal representative or the person in charge of an organization exceeds the limits of power in making a contract, the act of representation shall be effective unless the counterpart is aware or ought to be aware of the excess of the limit of power.第五十條法人或者其他組織的法定代表人、負(fù)責(zé)人超越權(quán)限訂立的合同,除相對(duì)人知道或者應(yīng)當(dāng)知道其超越權(quán)限的以外,該代表行為有效。撤銷應(yīng)當(dāng)以通知的方式作出。被代理人未作表示的,視為拒絕追認(rèn)。Article 48 A contract that is entered into by an actor without the right of agency, in excess of the right of agency or beyond the expiration of the right of agency, in the name of a principal and without ratification by the principal, shall have no binding force on the principal, and the actor shall bear the responsibility therefor.第四十八條行為人沒有代理權(quán)、超越代理權(quán)或者代理權(quán)終止后以被代理人名義訂立的合同,未經(jīng)被代理人追認(rèn),對(duì)被代理人不發(fā)生效力,由行為人承擔(dān)責(zé)任。合同被追認(rèn)之前,善意相對(duì)人有撤銷的權(quán)利。The counterpart may urge the legal agent to give ratification within one month. Where the legal agent does not respond, the nonresponse shall be deemed a refusal of ratification. Pending the ratification, the bona fide counterpart has the right to rescind. The rescission shall be made by a notice.相對(duì)人可以催告法定代理人在一個(gè)月內(nèi)予以追認(rèn)。附終止期限的合同,自期限屆滿時(shí)失效。Article 46 The parties may a