【正文】
stantial misunderstanding。 or(2) any contract the making of whi lacks fairness.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 the contract.Where the request of the party is an alteration to the contract, the people39。s court or arbitration institution shall not rescind it.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 whi it was aware or ought to be aware of the matter for the rescission。 or(2) the party with the right to rescind waivers its right by express indication or by its own act after it was aware of the matter for the rescission.Article 56 An invalid or rescinded contract does not have legal binding force from the outset.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affecting the validity of the other parts, the other parts remain valid.Article 57 If a contract bees invalid, or is rescinded or terminated, the validity of its independently existing clauses pertaining to the settlement of disputes shall not be affected.Article 58 After a contract bees invalid or is rescinded, any property obtained under the contract shall be returned. If it is impossible or unnecessary to return the property, pensation shall be made at an estimated price. The party at fault shall pensate the other party for the loss caused by the fault. If both parties have faults, they shall bear their respective responsibilities.Article 59 If the parties impair by malicious conspiracy the interests of the State, of the collective or of a third party, the property they have thus obtained shall be returned to the State, the collective or the third party.apter IV Fulfillment of the ContractArticle 60 The parties shall fulfill fully their respective obligations as contracted.The parties shall observe the principle of good faith and fulfill the obligations of notification, assistance and confidentiality in accordance with the nature and aims of the contract and trade practices.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 splement them by agreement。 if they are unable to rea a splementary agreement, the problem shall be determined in accordance with the related clauses of the contract or with trade practices.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:(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 su standards, in accordance with mon standards or special standards conforming to the aim of the contract。(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。(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。 where the payment is in real estate, the contract shall be performed in the place where the real estate is located。 where other targeted matters are involved, the contract shall be performed in the place of the party fulfilling the obligations。(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。(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。 and(6) in case of unclear arge for the performance, the arge shall be borne by the party fulfilling the obligations.Article 63 For a contract with the governmentset price or governmentguided price as the fulfilling price, where the government price is adjusted within the delivery period of the contract, the price at the time of delivery shall be the fulfilling price. Where an overdue delivery occurs and the price goes at the delivery, the original price shall be the fulfilling price。 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 。 and the original price shall be the fulfilling price if the price goes down.Article Where the parties agree that the debtor shall disarge 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 brea of contract to the creditor.Article 65 Where the parties agree that a third party shall disarge the debts to the creditor and where the third party fails to do so or fails to meet its liability as contracted, the debtor shall bear the liability for brea of contract to the creditor.Article 66 Where the parties are in debt to ea other and there is no time order for disarging the debts, they shall meet their respective liabilities simultaneously. Either party has the right to reject the other party39。s demand for the disarge before the latter meets its own liabilities. Either party has the right to reject the other party39。s demand for the disarge if the latter fails to meet its liabilities as contracted.Article 67 Where the parties are in debt to ea other and there is a time order for them to disarge the debts, the part