合同法若干问题解释英文.doc

1、合同法若干问题解释英文版Interpretations of Certain Issues Concerning the Application of The Contract LawThe Supreme Peoples Courts Interpretations of Certain Issues Concerning the Application of The Contract Law of the Peoples Republic of China（Part One）Judicial Interpretations （1999） No. 19Adopted at the 1090t

2、h Session of the Adjudication Committee of the Supreme Peoples Court on December 1, 1999The Supreme Peoples Courts Interpretations of Certain Issues Concerning the Application of The Contract Law of the Peoples Republic of China （Part One）, which shall become operative as from December 29, 1999, wer

3、e adopted at the 1090th Session of the Adjudication Committee of the Supreme Peoples Court on December 1, 1999 and are hereby promulgated.Pursuant to The Contract Law of the Peoples Republic of China （hereinafter the Contract Law）, and with a view to facilitating the proper adjudication of contractu

4、al disputes, we hereby promulgate the following interpretations of certain issues concerning the application of the Contract Law by Peoples Courts:I. Scope of Application of the Law Clause 1 Where a suit is brought to a Peoples Court in respect of a dispute arising out of a contract formed after the

5、 operative date of the Contract Law, the provisions of the Contract Law shall apply; where a suit is brought to a Peoples Court in respect of a dispute concerning a contract formed before the operative date of the Contract Law, except otherwise provided herein, the provisions of the law in effect at

6、 the time shall apply, provided that if the law in effect at the time did not provide for such matter, the relevant provision of the Contract Law may apply.Clause 2 Where a contract was formed before the operative date of the Contract Law, but the prescribed time limit for performance extends beyond

7、, or commences after, the operative date of the Contract Law, if a dispute arises out of its performance, the relevant provisions of Chapter Four of the Contract Law shall apply.Clause 3 In determining the validity of a contract formed before the operative date of the Contract Law, if application of

8、 the law in effect at the time leads to its invalidation, but application of the Contract Law leads to affirmation of its validity, the Peoples Court shall apply the Contract Law.Clause 4 After the Contract Law became operative, a Peoples Court may only invalidate a contract in accordance with laws

9、adopted by the National Peoples Congress or its Standing Committee, or administrative regulations adopted by the State Council, and may not invalidate a contract in accordance with any local statutes or administrative rules.Clause 5 Where a Peoples Court re-adjudicates a case on which a final judgme

10、nt has been rendered, the Contract Law does not apply.II. Time Limit for Action Clause 6 In a dispute arising out of a technology contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than one year between the date o

11、n which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the Peoples Court will no longer enforce such right; where the lapse was less than one year, the time limit during which the party may bring a suit shall be two years.Clause 7 In a di

12、spute arising out of a technology import/export contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than two years between the date on which the party knew or should have known that its right was infringed and the

13、operative date of the Contract Law, the Peoples Court will no longer enforce such right; where the lapse was less than two years, the time limit during which the party may bring a suit shall be four years.Clause 8 The time period of one year set out in Article 55, and the time period of five years s

14、et out in Article 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and are not subject to the rules governing the suspension, termination or extension of time limit for action.III. Validity of Contracts Clause 9 Where as set forth in Paragraph 2 of Article 44 of the Contract Law, the

15、 relevant law or administration regulation provides that the effectiveness of a certain contract is subject to completion of the relevant approval procedure, or the relevant approval and registration procedures, if before completion of court debate by the parties in the trial of first instance, the

16、parties still fail to carry out the relevant approval procedure, or approval and registration procedures, as the case may be, the Peoples Court shall rule that the contract has not yet taken effect; if the relevant law or administration regulation requires that a certain contract be registered without subjecting its effectiveness to such registration, then failure to effect registration shall not impair the