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.