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合同法英文版

合同法英文版 -CAL-FENGHAI-(2020YEAR-YICAI)_JINGBIAN

中华人民共和国合同法(英文)

CONTRACT LAW OF THE PEOPLES REPUBLIC OF CHINA

(Adopted and Promulgated by the Second Session of the Ninth National Peoples Congress on March 15, 1999 )

CONTENTS

General Provisions

Chapter 1 General Provisions

Chapter 2 Formation of Contracts

Chapter 3 Validity of Contracts

Chapter 4 Performance of Contracts

Chapter 5 Amendment and Assignment of Contracts

Chapter 6 Discharge of Contractual Rights and Obligations

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 Hired Works

Chapter 16 Contracts for Construction Project

Chapter 17 Contracts for Transportation

Chapter 18 Contracts for Technology

Chapter 19 Contracts for Storage

Chapter 20 Contracts for Warehousing

Chapter 21 Contracts for Agency Appointment

Chapter 22 Contracts for Brokerage

Chapter 23 Contracts for Intermediation

Supplementary Provisions

Chapter Two Formation of Contracts

Article 9 Capacity; Contract through Agent

In entering into a contract, the parties shall have the appropriate capacities for civil rights and civil acts.

A party may appoint an agent to enter into a contract on its behalf under the law. Article 10 Forms of Contract; Writing Requirement

A contract may be made in a writing, in an oral conversation, as well as in any other form.

A contract shall be in writing if a relevant law or administrative regulation so requires.

A contract shall be in writing if the parties have so agreed.

Article 11 Definition of Writing

A writing means a memorandum of contract, letter or electronic message (including telegram, telex, facsimile, electronic data exchange and electronic mail), etc. which is capable of expressing its contents in a tangible form.

Article 12 Terms of Contract

The terms of a contract shall be prescribed by the parties, and generally include the following:

(i) names of the parties and the domiciles thereof;

(ii) subject matter;

(iii) quantity;

(iv) quality;

(v) price or remuneration;

(vi) time, place and method of performance;

(vii) liabilities for breach of contract;

(viii) method of dispute resolution.

The parties may enter into a contract by referencing a model contract for the relevant contract category.

Article 13 Offer-Acceptance

A contract is concluded by the exchange of an offer and an acceptance.

Article 14 Definition of Offer

An offer is a partys manifestation of intention to enter into a contract with the other party, which shall comply with the following:

(i) Its terms are specific and definite;

(ii) It indicates that upon acceptance by the offeree, the offeror will be bound thereby.

Article 15 Invitation to Offer

An invitation to offer is a partys manifestation of intention to invite the other party to make an offer thereto. A delivered price list, announcement of auction, call for tender, prospectus, or commercial advertisement, etc. is an invitation to offer.

A commercial advertisement is deemed an offer if its contents meet the requirements of an offer.

Article 16 Effectiveness of Offer, Offer through Electronic Message

An offer becomes effective when it reaches the offeree.

When a contract is concluded by the exchange of electronic messages, if the recipient of an electronic message has designated a specific system to receive it, the time when the electronic message enters into such specific system is deemed its time of arrival; if no specific system has been designated, the time when the electronic message first enters into any of the recipients systems is deemed its time of arrival.

Article 17 Withdrawal of Offer

An offer may be withdrawn. The notice of withdrawal shall reach the offeree before or at the same time as the offer.

Article 18 Revocation of Offer

An offer may be revoked. The notice of revocation shall reach the offeree before it has dispatched a notice of acceptance.

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