《合同法》司法解释中英文对照

Interpretations The Supreme People's Court of Certain Issues con ___rning The Application of The Contract Law of The People's Republic of China(Part One)

De ___mber 29, 1999

Interpretations The Supreme People's Court of

The Contract Law of The People's Republic of China(Part One) FaShi [1999] No.19

"The Supreme People''s Court''s Interpretations of Certain Issues Con ___rning the Application of the Contract Law of the People''s Republic of China(part One)" is adopted at the 1090th Session of the Adjudication Committee of the Supreme People''s Court on De ___mber 1, and is promulgated now, this law will be effective as of De

___mber 29,1999. Pursuant to The Contract Law of the People''s Republic of China (hereinafter the "Contract Law"), and with a view to facilitating the proper adjudication of contractual disputes, we hereby promulgate

the following interpretations of ___rtain issues con

___rning the application of the Contract Law by People''s Courts:

I. Scope of Application of the Law

Article 1 Where a suit is brought to a People''s Court in respect of a dispute arising out of a contract formed after the operative date of the Contract Law, the provisions of the Contract Law shall apply; where a suit is brought to a

法释（1999）19号

（1999年12月1日最高人民 ___审判委员会第1090次会议通过）为了正确审理合同 ___件，根据《 ___合同法》（以下简称合同法）的规定，对人民 ___适用合同法的有关问题作出如下解释：

第一条合同法实施以后成立的合同发生纠纷起诉到人民 ___的，适用合同法的规定；合同法实施以前成立的合同发生纠纷起诉到人民 ___的，除本解释另有规定的以外，适用当时的法律规定，当时没有法律规定的，可以适用

People''s Court in respect of a dispute con ___rning 合同法的有关规定。 a contract formed before the operative date of the Contract Law, ex ___pt otherwise provided herein, the provisions of the law in effect at the time shall apply, provided that if the law in effect at the time did not provide for such ___tter, the relevant provision of the Contract Law ___y apply.

Article 2 Where a contract was formed before the operative date of the Contract Law, but the prescribed time limit for perfor ___n ___ extends beyond, or men ___s after, the operative date of the Contract Law, if a dispute arises out of its perfor ___n ___, the relevant provisions of Chapter Four of the Contract Law shall apply.

Article 3 In determining the validity of a contract

formed before the operative date of the Contract 实施以前成立的合同，适用当时的法律合同无Law, if application of the law in effect at the 效而适用合同法合同有效的，则适用合同法。 time leads to its invalidation, but application of the

Contract Law leads to affir ___tion of its validity, the People''s Court shall apply the Contract Law.

Article 4 After the Contract Law became operative, a People''s Court ___y only invalidate a contract in aordan ___ with laws adopted by the National People''s Congress or its Standing Committee, or administrative regulations adopted by the State Council, and ___y not invalidate a contract in aordan ___ with any local statutes or administrative rules.

Article 5 Where a People''s Court re-adjudicates 第五条

人民 ___对合同法实施以前已经作出a case on which a final judgment has been 终审裁决的'案件进行再审，不适用合同法。rendered, the Contract Law does not apply. II. Time Limit for Action

Article 6 In a dispute arising out of a technology contract, where infringement of the right of a ___ ourred before the operative date of the Contract Law, if there was a lapse of more than one year between the date on which the ___