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中华人民共和国合同法概述(英文版)(doc 90页)

合同法(英文版)

2007-11-25

合同法(英文版)

中华人民共和国合同法(英文版)

【标题】 CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA

【时效性】有效

【颁布时间】1999.03.15

【实施时间】1999.10.01

【发布部门】National People’s Congress CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA

CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted and Promulgated by the Second Session of the Ninth National People's Congress March 15, 1999)

GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

CHAPTER 2 CONCLUSION OF CONTRACTS

CHAPTER 3 EFFECTIVENESS OF CONTRACTS

CHAPTER 4 PERFORMANCE OF CONTRACTS

CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS

CHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTS

CHAPTER 8 MISCELLANEOUS PROVISIONS

SPECIFIC PROVISIONS

CHAPTER 9 CONTRACTS FOR SALES

CHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF ELECTRICITY, WATER, GAS OR

HEATING

CHAPTER 11 CONTRACTS FOR DONATION

CHAPTER 12 CONTRACTS FOR LOANS

CHAPTER 13 CONTRACTS FOR LEASE

CHAPTER 14 CONTRACTS FOR FINANCIAL LEASE

CHAPTER 15 CONTRACTS FOR WORK

CHAPTER 16 CONTRACTS FOR CONSTRUCTION PROJECTS

CHAPTER 17 CONTRACTS FOR TRANSPORTATION

SECTION 1 GENERAL RULES

SECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATION

SECTION 3 CONTRACTS FOR GOODS TRANSPORTATION

SECTION 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATION

CHAPTER 18 CONTRACTS FOR TECHNOLOGY

SECTION 1 GENERAL RULES

SECTION 2 CONTRACTS FOR TECHNOLOGY DEVELOPMENT

SECTION 3 CONTRACTS FOR TECHNOLOGY TRANSFER

SECTION 4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICE

CHAPTER 19 CONTRACTS FOR STORAGE

CHAPTER 20 CONTRACTS FOR WAREHOUSING

CHAPTER 21 CONTRACTS FOR COMMISSION

CHAPTER 22 CONTRACTS FOR BROKERAGE

CHAPTER 23 CONTRACTS FOR INTERMEDIATION

GENERAL PRINCIPLES

Chapter One General Provisions

Article 1 Purpose

This Law is formulated in order to protect the lawful rights and inte rests of contract parties, to safeguard social and economic order, an d to promote socialist modernization.

Article 2 Definition of Contract; Exclusions

For purposes of this Law, a contract is an agreement between natural persons, legal persons or other organizations with equal standing, fo r the purpose of establishing, altering, or discharging a relationshi p of civil rights and obligations.

An agreement concerning any personal relationship such as marriage, a doption, guardianship, etc. shall be governed by other applicable law s.

Article 3 Equal Standing of Parties

Contract parties enjoy equal legal standing and neither party may imp ose its will on the other party.

Article 4 Right to Enter into Contract Voluntarily

A party is entitled to enter into a contract voluntarily under the la w, and no entity or individual may unlawfully interfere with such rig ht.

Article 5 Fairness

The parties shall abide by the principle of fairness in prescribing t heir respective rights and obligations.

Article 6 Good Faith

The parties shall abide by the principle of good faith in exercising their rights and performing their obligations.

Article 7 Legality

In concluding or performing a contract, the parties shall abide by th e relevant laws and administrative regulations, as well as observe so cial ethics, and may not disrupt social and economic order or harm th e public interests.

Article 8 Binding Effect; Legal Protection

A lawfully formed contract is legally binding on the parties. The par ties shall perform their respective obligations in accordance with th e contract, and neither party may arbitrarily amend or terminate the contract.

A lawfully formed contract is protected by law.

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