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中華人民共和國合同法-english-展示頁

2024-11-16 23:39本頁面
  

【正文】 of Contracts   apter 4 Performance of Contracts   apter 5 Modification and Assignment of Contracts   apter 6 Termination of Contractual Rights and Obligations   apter 7 Liabilities for Brea of Contracts   apter 8 Other Provisions   Specific Provisions   apter 9 Sales Contracts    apter 10 Contracts for Sply of , Water, Gas or Heat   apter 11 Gift Contracts   apter 12 Contracts for Loans of Money   apter 13 Leasing Contracts   apter 14 Financial Leasing Contracts   apter 15 Contracts for Works   apter 16 Contracts for Construction Projects   apter 17 Transportation Contracts   apter 18 Tenology Contracts   apter 19 Storage Contracts   apter 20 Warehousing Contracts   apter 21 mission Contracts    apter 22 Contracts of mission Agency   apter 23 Intermediation conrtacts   Splementary Provisions   General Provisions  apter 1 General Principles  Article 1 This Law is enacted in order to protect the lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialist modernization.   Article 2 A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of su entities.   Agreements concerning personal relationships su as marriage, adoption, guardianship, etc. shall be governed by the provisions in other laws.   Article 3 Contracting parties shall have equal legal status, and no party may impose its will on the other party.   Article 4 The parties have the right to lawfully enter into a contract of their own free will in accordance with the law, and no unit or individual may illegally interfere therewith.   Article 5 The parties shall adhere to the principle of fairness in deciding their respective rights and obligations.   Article 6 The parties shall observe the principle of honesty and good faith in exercising their rights and performing their obligations.   Article 7 In concluding and performing a contract, the parties shall ply with the laws and administrative regulations, respect social ethics, and shall not disrt the social and economic order or impair the public interests.   Article 8 A lawfully established contract shall be legally binding on the parties thereto, ea of whom shall perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract.   The contract established according to law is protected by law.   apter 2 Conclusion of Contracts  Article 9 In entering into a contract, the parties shall have appropriate capacities for civil rights and civil acts.   A party may appoint an agent to enter into a contract on its behalf in accordance with the law.   Article 10 The parties may use written, oral or other forms in entering into a contract.   A contract shall be in written form if the laws or administrative regulations so provide. A contract shall be concluded in written form if the parties so agree.   Article 11 Written form refers to a form su as a written contractual agreement, letter, electronic data text(including a telegram, telex, fax, electronic data exange and )that can tangibly express the contents contained therein.   Article 12 The contents of a contract shall be agreed on by the parties, and shall generally contain the following clauses:    (1) titles or names and domiciles of the parties。s Congress on Mar 15, 199939。編:98078 合同法 Contract Law of the People39。s Republic of ina (Adopted at the Second Session of the Ninth National People39。 Promulgated by the Order NO. 15 of the President of the People39。    (2) subject matter。    (4) quality。    (6) time limit, place and method of performance。 and   (8) method to settle disputes.   The parties may conclude a contract by reference to a model text of ea kind of contract.   Article 13 The parties shall conclude a contract in the form of an offer and an acceptance.   Article 14 An offer is an expression of an intent to enter into a contract with another person. Su expression of intent shall ply with the following:    (1) its contents shall be specific and definite。 if no specific system is appointed, the time when the datatelex first enters any of the recipient39。 or   (2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contact.   Article 20 An offer shall lose efficacy under any of the following circumstances:    (1) the notice of rejection reaes the offeror。    (3) the offeree fails to dispat an acceptance before the expiration of the time limit for acceptance。    (2) If the offer is made in forms other than a dialogue, the acceptance shall rea the offeror within a reasonable period of time.   Article 24 Where an offer is made by letter or telegram, the time limit for acceptance shall accrue from the date shown in the letter or from the date on whi the telegram is handed in for dispat. If no su date is shown in the letter, it shall accrue from the postmark date on the envelope. Where an offer is made by means of instantaneous munication, su as telephone or facsimile, etc. the time limit for acceptance shall accrue from the moment that the offer reaes the offeree.   Article 25 A contract is established when the acceptance bees effective.  Article 26 An acceptance bees effective when its notice reaes the offeror. If notice of acceptance is not required, the acceptance shall bee effective when an act of acceptance is performed in accordance with transaction practices or as required in the offer.   Where a contract is concluded in the form of datetelex, the time of arrival of an acceptance shall be governed by the provisions of Paragraph 2, Article 16 of this Law.  Article 27 An acceptance may be withdrawn, but a notice of withdrawal shall rea the offeror
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