合同法英文版.docx

1、合同法英文版合同法英文版 Article 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintaining the social economic order and promoting the progress of the socialist modernization drive. Article 2 A contract in this Law refers to an agreement establis

2、hing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between. Contract Law of the Peoples Republic of China法院版 GENERAL PROVISIONSCHAPTER 1 GENERAL PROVISIONSCHAPTER 2 CONCLUSION OF CONTRACTSCHAPTER 3 EFFECTIVENESS OF CONTRACTSCHAPTER 4 PERFORMA

3、NCE OF CONTRACTSCHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTSCHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTSCHAPTER 8 MISCELLANEOUS PROVISIONSSPECIFIC PROVISIONSCHAPTER 9 CONTRACTS FOR SALESCHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF E

4、LECTRICITY, WATER, GAS OR HEATINGCHAPTER 11 CONTRACTS FOR DONATIONCHAPTER 12 CONTRACTS FOR LOANSCHAPTER 13 CONTRACTS FOR LEASECHAPTER 14 CONTRACTS FOR FINANCIAL LEASECHAPTER 15 CONTRACTS FOR WORKCHAPTER 16 CONTRACTS FOR CONSTRUCTION PROJECTSCHAPTER 17 CONTRACTS FOR TRANSPORTATIONSECTION 1 GENERAL RU

5、LESSECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATIONSECTION 3 CONTRACTS FOR GOODS TRANSPORTATIONSECTION 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATIONCHAPTER 18 CONTRACTS FOR TECHNOLOGYSECTION 1 GENERAL RULESSECTION 2 CONTRACTS FOR TECHNOLOGY DEVELOPMENTSECTION 3 CONTRACTS FOR TECHNOLOGY TRANSFERSECTION

6、4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICE CHAPTER 19 CONTRACTS FOR STORAGECHAPTER 20 CONTRACTS FOR WAREHOUSINGCHAPTER 21 CONTRACTS FOR COMMISSIONCHAPTER 22 CONTRACTS FOR BROKERAGECHAPTER 23 CONTRACTS FOR INTERMEDIATIONSUPPLEMENTARY PROVISIONSArticle 1 This Law is formulated with a

7、view to protecting the lawful rights and interests of the parties to contracts, maintaining the social economic order and promoting the progress of the socialist modernization drive.Article 2 A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and o

8、bligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations.Agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. shall apply the provisions of other Laws.Article 3 The parties to a contract shall

9、 have equal legal status. No party may impose its will on the other party.Article 4 The parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere.Article 5 The parties shall abide by the principle of fairness in d

10、efining the rights and obligations of each party.Article 6 The parties must act in accordance with the principle of good faith, no matter in exercising rights or in performing obligations.Article 7 In concluding and performing a contract, the parties shall abide by the laws and administrative regula

11、tions, observe social ethics. Neither party may disrupt the socio-economic order or damage the public interests.Article 8 As soon as a contract is established in accordance with the law, it shall be legally binding on the parties. The parties shall perform their respective obligations in accordance

12、with the terms of the contract. Neither party may unilaterally modify or rescind the contract.The contract established according to law shall be under the protection of law.CHAPTER 2 CONCLUSION OF CONTRACTSArticle 9 In concluding a contract, the parties shall have appropriate civil capacity of right

13、 and civil capacity of conduct.The parties may conclude a contract through an agent in accordance with the law.Article 10 The parties may conclude a contract in written, oral or other forms.Where the laws or administrative regulations require a contract to be concluded in written form, the contract

14、shall be in written form. If the parties agree to do so, the contract shall be concluded in written form.Article 11 The written forms mean the forms which can show the described contents visibly, such as a written contractual agreement, letters, and data-telex (including telegram, telex, fax, EDI an

15、d e-mails).Article 12 The contents of a contract shall be agreed upon by the parties, and shall contain the following clauses in general:(1) title or name and domicile of the parties;(2) contract object;(3) quantity;(4) quality;(5) price or remuneration;(6) time limit, place and method of performanc

16、e;(7) liability for breach of contract; and(8) methods to settle disputes.The parties may conclude a contract by reference to the model text of each kind of contract.Article 13 The parties shall conclude a contract in the form of an offer and acceptance.Article 14 An offer is a proposal hoping to en

17、ter into a contract with other parties. The proposal shall comply with the following stipulations:(1) Its contents shall be detailed and definite;(2) It indicates the proposal of the offeror to be bound in case of acceptance.Article 15 An invitation for offer is a proposal for requesting other parti

18、es to make offers to the principal. Price forms mailed, public notices of auction and tender, prospectuses and commercial advertisements, etc. are invitations for offer.Where the contents of a commercial advertisement comply with the terms of the offer, it may be regarded as an offer.Article 16 An o

19、ffer becomes effective when it reaches the offeree.If a contract is concluded by means of data-telex, and a recipient appoints a specific system to receive the data-telex, the time when the data-telex enters the system shall be the time of arrival; if no specific system is appointed, the time when t

20、he data-telex first enters any of the recipients systems shall be regarded as the time of arrival.Article 17 An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives.Article 18 An offer may be revoked, if the revocation reaches the off

21、eree before it has dispatched an acceptance.Article 19 An offer may not be revoked, if(1) the offeror indicates a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; or(2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation f

22、or performing the contract.Article 20 An offer shall be null and void under any of the following circumstances:(1) The notice of rejection reaches the offeror;(2) The offeror revokes its offer in accordance with the law;(3) The offeree fails to make an acceptance at the time when the time limit for

23、acceptance expires;(4) The offeree substantially alters the contents of the offer.Article 21 An acceptance is a statement made by the offeree indicating assent to an offer.Article 22 Except that it is based on transaction practices or that the offer indicates an acceptance may be made by performing

24、an act, the acceptance shall be made by means of notice.Article 23 An acceptance shall reach the offeror within the time limit fixed in the offer.Where no time limit is fixed in the offer, the acceptance shall arrive in accordance with the following provisions:(1) If the offer is made in dialogues,

25、the acceptance shall be made immediately except as otherwise agreed upon by the parties;(2) If the offer is made in forms other than a dialogue, the acceptance shall arrive within a reasonable period of time.Article 24 Where the offer is made in a letter or a telegram, the time limit for acceptance

26、commences from the date shown in the letter or from the moment the telegram is handed in for dispatch. If no such date is shown in the letter, it commences from the date shown on the envelope. Where an offer is made by means of instantaneous communication, such as telephone or facsimile, the time li

27、mit for acceptance commences from the moment that the offer reaches the offeree.Article 25 A contract is established when the acceptance becomes effective.Article 26 An acceptance becomes effective when its notice reaches the offeror. If an acceptance neednt be notified, it becomes effective when an

28、 act of acceptance is performed in accordance with transaction practices or as required in the offer.Where a contract is concluded in the form of data-telex, the time when an acceptance arrives shall apply the provisions of Paragraph 2, Article 16 of this Law.Article 27 An acceptance may be withdraw

29、n, but a notice of withdrawal shall reach the offeror before the notice of acceptance reaches the offeror or at the same time when the acceptance reaches the offeror.Article 28 Where an offeree makes an acceptance beyond the time limit for acceptance, the acceptance shall be a new offer except that

30、the offeror informs the offeree of the effectiveness of the said acceptance promptly.Article 29 If the offeree dispatches the acceptance within the time limit for acceptance which can reach the offeror in due time under normal circumstances, but the acceptance reaches the offeror beyond the time lim

31、it because of other reasons, the acceptance shall be effective, except that, the offeror informs the offeree promptly that it does not accept the acceptance because it exceeds the time limit for acceptance.Article 30 The contents of an acceptance shall comply with those of the offer. If the offeree

32、substantially modifies the contents of the offer, it shall constitute a new offer. The modification relating to the contract object, quality, quantity, price or remuneration, time or place or method of performance, liabilities for breach of contract and the settlement of disputes, etc., shall constitute the