【最新】合同法中英文对照版-实用word文档 (158页)

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合同法英文翻译

合同法英文翻译

合同法英文翻译1999年3月15日第九届全国人民代表大会第二次会议通过了《中华人民共和国合同法》,将于1999年10月1日起实施,取代《中华人民共和国经济合同法》、《中华人民共和国涉外经济合同法》和《中华人民共和国技术合同法》。

同时,中国法制出版社出版发行了《中华人民共和国合同法》中英文对照本。

《合同法》英文本的翻译质量总体上来说不是很高,有不少不当和错误之处,以下是对《合同法》《总则》部分第一至十六条的英语译文的分析和研究,指出了其中的不当和错误之处,并给出了参考译文。

部分参考译文借鉴了网上论坛Chinese Contract)的译法,在此表示感谢。

Law Forum (网址:本文引用的国际立法包括联合国国际贸易法委员会第29届会议于1996年6月通过的《联合国贸易法委员会电子商业示范法》(UNCITRAL Model Law on Electronic Commerce,标识为UNCITRAL),《联合国国际货物销售合同公约》(United Nations Convention on Contracts for the International Sale of Goods,标识为CISG),《商事合同通则》(UNIDROIT Principles of International CommercialContracts,标识为UNIDROIT)。

, 原文:总则原译:General Provisions拟译:General Principles解释:(选词)“总则”和“一般规定”在英语文本中都译成了general provisions,应当有所区别。

, 原文:第一章一般规定原译:Chapter 1 General Provisions拟译:不变解释:如UNIDROIT: Chapter 1 General Provisions, 原文:第一条为了保护合同当事人的合法权益,维护社会经济秩序,促进社会主义现代化建设,制定本法。

合同中英文标准对照

合同中英文标准对照

合同中英文标准对照摘要本文档提供了一份合同中英文标准对照表,旨在帮助读者更好地理解合同条款的含义和表述。

通过对比中英文之间的对应关系,读者可以更准确地理解和使用合同文本。

1. 引言合同是一种法律文件,用于约束各方在特定事项上的权利和义务。

由于语言和文化的差异,理解外文合同可能存在一定困难。

因此,在撰写和解读合同时,需要进行中英文的对照。

本文档提供了一份合同中英文标准对照表,涵盖了常见的合同条款和术语。

这些对照表将有助于读者准确理解合同中的表述和规定,并在需要时进行翻译。

2. 合同中英文对照表下面是合同中常见条款和术语的中英文对照表:中文英文合同Contract当事人Party甲方Party A乙方Party B经销商Distributor供应商Supplier商品Goods环境保护Environmental Protection 质量保证Quality Assurance保密协议Confidentiality Agreement 损害赔偿Damages违约Breach终止Termination条款Clause有效期Validity Period签署日期Date of Signature法律适用Applicable Law争端解决Dispute Resolution不可抗力Force Majeure以上仅为示例,并不完整,读者可以根据实际需求添加或修改。

3. 使用指南在合同撰写和解读过程中,读者可以参考以下指南来正确使用合同中英文对照表:3.1 查找中英文对照当读者遇到不熟悉的中英文术语时,可以在对照表中查找对应的翻译。

通过对比中英文,读者可以更准确地理解合同条款的含义。

3.2 确保准确翻译在使用对照表提供的翻译时,读者应尽量确保翻译的准确性。

可以参考专业翻译人员的建议,或者进行双语对比以验证翻译的准确性。

3.3 理解文化背景在翻译合同中的术语时,读者还应该充分理解文化背景的差异。

不同的文化可能对同一概念有不同的表述方式,这需要读者在翻译中进行适当的调整。

合同法(英文版)

合同法(英文版)

合同法(英文版)The contract law is a body of law that governs the formation and enforcement of agreements between individuals or entities. It is designed to ensure that parties to a contract fulfill their obligations and that disputes are resolved in a fair and equitable manner.History and DevelopmentContract law has its roots in ancient legal systems, such as Roman law and Islamic law. Over the centuries, it has evolved into a complex and comprehensive body of law that regulates a wide range of commercial and personal transactions.In modern legal systems, contract law is typically based on a combination of common law principles and statutory regulations. Different countries have their own contract laws, but many of the basic principles are similar across jurisdictions.Elements of a ContractIn order to be legally enforceable, a contract must contain certain basic elements. These include:•Offer and Acceptance: One party makes an offer to enter into a contract, and the other party accepts the offer.•Consideration: Both parties must exchange something of value as part of the contract.•Legal Capacity: Both parties must have the legal capacity to enter intoa contract, meaning they are of legal age and are mentally competent.•Legal Purpose: The contract must be for a legal purpose and not involve any illegal activities.Breach of ContractWhen one party fails to fulfill their obligations under a contract, it is considered a breach of contract. The non-breaching party may be entitled to various remedies, such as damages or specific performance.The concept of breach of contract is central to contract law and forms the basis for many contractual disputes. Courts play a crucial role in interpreting contract terms and determining whether a breach has occurred.International ContractsIn an increasingly globalized world, international contracts are becoming more common. These contracts involve parties from different countries and raise unique legal issues related to jurisdiction, choice of law, and enforcement.International contract law is a complex field that requires a deep understanding of both domestic and international legal principles. Parties entering into international contracts should seek expert legal advice to ensure their rights and obligations are properly protected.ConclusionContract law is a foundational aspect of modern legal systems and plays a critical role in facilitating economic and social interactions. By establishing clear rules for entering into agreements and resolving disputes, contract law helps to create a fair and predictable environment for commerce.Understanding the basic principles of contract law is essential for individuals and businesses alike. By adhering to these principles and seeking legal advice when needed, parties can ensure that their contractual relationships are enforceable and mutually beneficial.。

中国合同法(中英对照)

中国合同法(中英对照)

Chapter 6 Termination of Contractual Rights and Obligations第六章合同的权利义务终止Article 91 The rights and obligations under a contract shall be terminated under any of the following circumstances:(1) the obligations have been performed as agreed upon;(2) the contract has been rescinded;(3) the obligations have been offset against each other;(4) the obligor has escrowed the subject matter accordance with the law;(5) the obligee has released the obligor of its obligation;(6) the rights and obligations have vested in one party;(7) any other circumstances for termination as stipulated by the laws or agreed upon by the parties.第九十一条【合同消灭的原因】有下列情形之一的,合同的权利义务终止:(一)债务已经按照约定履行;(二)合同解除;(三)债务相互抵销;(四)债务人依法将标的物提存;(五)债权人免除债务;(六)债权债务同归于一人;(七)法律规定或者当事人约定终止的其他情形。

Article 92 After the termination of the rights and obligations under the contract, the parties shall observe the principal of honesty and good faith and perform the obligations of notification,assistance and confidentiality, etc. in accordance with relevant transaction practices.第九十二条【合同终止后的义务】合同的权利义务终止后,当事人应当遵循诚实信用原则,根据交易习惯履行通知、协助、保密等义务。

2024版合同中英文标准对照

2024版合同中英文标准对照

20XX 专业合同封面COUNTRACT COVER甲方:XXX乙方:XXX2024版合同中英文标准对照本合同目录一览1. 合同概述1.1 合同类型1.2 合同双方1.3 合同目的2. 定义与解释2.1 术语定义2.2 解释规则3. 合同条款3.1 条款内容3.2 条款顺序4. 合同履行4.1 履行时间4.2 履行地点4.3 履行方式5. 合同变更5.1 变更条件5.2 变更程序6. 合同解除6.1 解除条件6.2 解除程序7. 违约责任7.1 违约行为7.2 违约责任8. 争议解决8.1 争议类型8.2 解决方式9. 合同的生效、终止与失效9.1 生效条件9.2 终止条件9.3 失效条件10. 保密条款10.1 保密内容10.2 保密期限11. 知识产权11.1 知识产权归属11.2 使用权规定12. 合同的转让12.1 转让条件12.2 转让程序13. 法律适用与争议解决13.1 法律适用13.2 争议解决14. 其他条款14.1 附件14.2 补充协议14.3 修改权与解释权第一部分:合同如下:第一条合同概述1.1 合同类型1.2 合同双方1.3 合同目的本合同的目的是明确双方在中英文标准对照领域的合作事项,确保双方在合作过程中的权益,促进合作的顺利进行。

第二条定义与解释2.1 术语定义(此处列出合同中使用的专业术语及其定义,例如:中英文标准对照、甲方、乙方等)2.2 解释规则本合同条款的解释应遵循合同的原则和精神,符合相关法律法规的规定。

合同条款如有未尽事宜,双方应本着公平、公正、诚实信用的原则协商解决。

第三条合同条款3.1 条款内容3.2 条款顺序本合同条款的顺序如上所述,双方应按照条款顺序逐一履行合同约定的权利和义务。

第四条合同履行4.1 履行时间双方应按照本合同约定的时间履行合同义务。

如合同中无特殊约定,双方应自合同生效之日起开始履行。

4.2 履行地点本合同的履行地点为:(具体地点)。

第二章 合同法(中英文)

第二章  合同法(中英文)

3、要约的法律效力 (1)要约的生效:合同法第十六条“要约到达 受要约人时生效”。An offer becomes effective when it reaches the offeree . (2)要约的撤回:合同法第十七条“要约可以 撤回。撤回要约的通知应当在要约到达受要约人 之前或者与要约同时到达受要约人。” An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives. (3)要约的撤销:合同法第十八条“要约可以 撤销。撤销要约的通知应当在受要约人发出承诺 通知之前到达受要约人。” An offer may be revoked, if the revocation reaches the offeree before it has dispatched an acceptance.
第一节、合同法概述 一、合同与合同法的概念 (一)合同的概念 我国现行《合同法》第二条规定,合同是平等主 体的自然人、法人、其他组织之间设立、变更、 终止民事权利义务关系的协议。 A contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal person or other organization as subjects with equal status. 合同法简言之,就是规范合同的法律。合同法是 调整平等主体之间合同关系的法律规范的总和。 Contract Laws are the legal norms of adjusting contractual relationship between equal parties.

合同的中文与英文版本对照

合同的中文与英文版本对照

合同的中文与英文版本对照Contract Chinese-English Version Comparison协议书/合同编号:[编号]Agreement/Contract Number: [Number]甲方:[甲方名称]Party A: [Name of Party A]乙方:[乙方名称]Party B: [Name of Party B]一、目的1. Purpose根据甲乙双方当事人的协商一致,为了明确各自的权益和义务,双方达成如下统一意见,以便达成本协议。

In accordance with the mutual agreement of the Parties, in order to clarify respective rights and obligations, the Parties have reached the following unanimous agreement for the purpose of this Agreement.二、合同内容2. Contractual Content根据双方协商,本合同约定以下条款:In accordance with mutual negotiations, this Contract stipulates the following terms:2.1 合同目的和范围2.1 Purpose and Scope of Contract甲方同意向乙方提供如下服务:[具体服务内容]Party A agrees to provide the following services to Party B: [Specific details of services]2.2 合同期限和终止2.2 Duration and Termination of Contract本合同自[date]起生效,至[date]止,双方可以书面协商决定是否延期。

2020年合同法中英对照参照模板

2020年合同法中英对照参照模板

Contract Law of the People's Republic of China中华人民共和国合同法(Adopted at the Second Session of the Ninth National People's Congress on March 15, 1999 and promulgated by Order No. 15 of the President of the People’s Republic of China on March 15, 1999)《中华人民共和国合同法》已由中华人民共和国第九届全国人民代表大会第二次会议于1999年3月15日通过,现予公布,自1999年10月1日起施行。

ContentsGeneral Provisions总则Chapter I Common Provisions第一章一般规定Chapter II Making of the Contract第二章合同的订立Chapter III Validity of the Contract第三章合同的效力Chapter IV Fulfillment of the Contract第四章合同的履行Chapter V Modification and Transfer of the Contract第五章合同的变更和转让Chapter VI Termination of Rights and Obligations under the Contract第六章合同的权利义务终止Chapter VII Liability for Breach of Contract第七章违约责任Chapter VIII Miscellaneous Provisions Specific Provisions第八章其他规定Chapter IX Purchase and Sale Contracts第九章买卖合同Chapter X Contracts for the Supply and Consumption of Electricity, Water, Gas or Heat第十章供用电、水、气、热力合同Chapter XI Donation Contracts第十一章赠与合同Chapter XII Loan Contracts第十二章借款合同Chapter XIII Lease Contracts第十三章租赁合同Chapter XIV Contracts for Financial Lease第十四章融资租赁合同Chapter XV Work Contracts第十五章承揽合同Chapter XVI Construction Project Contracts第十六章建设工程合同Chapter XVII Carriage Contracts第十七章运输合同Chapter XVIII Technology Contracts第十八章技术合同Chapter XIX Contracts of Deposit第十九章保管合同Chapter XX Warehousing Contracts第二十章仓储合同Chapter XXI Entrustment Contracts第二十一章委托合同Chapter XXII Brokerage Contracts第二十二章行纪合同Chapter XXIII Intermediation Contracts第二十三章居间合同Supplementary Provisions附则General Provisions总则Chapter I Common Provisions第一章一般规定Article 1 This Law is enacted for the purpose of protecting the legitimate rights and interests of the parties to contracts, maintaining the socio-economic order and promoting the socialist modernization.第一条为了保护合同当事人的合法权益,维护社会经济秩序,促进社会主义现代化建设,制定本法。

2020年合同法(英文版)参照模板

2020年合同法(英文版)参照模板

合同法(英文版)2007-11-25合同法(英文版)中华人民共和国合同法(英文版)【标题】 CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA【时效性】有效【颁布时间】1999.03.15【实施时间】1999.10.01【发布部门】National People’s Congress CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINACONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA(Adopted and Promulgated by the Second Session of the Ninth National People's Congress March 15, 1999)GENERAL PROVISIONSCHAPTER 1 GENERAL PROVISIONSCHAPTER 2 CONCLUSION OF CONTRACTSCHAPTER 3 EFFECTIVENESS OF CONTRACTSCHAPTER 4 PERFORMANCE 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 ELECTRICITY, WATER, GAS ORHEATINGCHAPTER 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 RULESSECTION 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 4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICECHAPTER 19 CONTRACTS FOR STORAGECHAPTER 20 CONTRACTS FOR WAREHOUSINGCHAPTER 21 CONTRACTS FOR COMMISSIONCHAPTER 22 CONTRACTS FOR BROKERAGECHAPTER 23 CONTRACTS FOR INTERMEDIATIONGENERAL PRINCIPLESChapter One General ProvisionsArticle 1 PurposeThis Law is formulated in order to protect the lawful rights and inte rests of contract parties, to safeguard social and economic order, an d to promote socialist modernization.Article 2 Definition of Contract; ExclusionsFor purposes of this Law, a contract is an agreement between natural persons, legal persons or other organizations with equal standing, fo r the purpose of establishing, altering, or discharging a relationshi p of civil rights and obligations.An agreement concerning any personal relationship such as marriage, a doption, guardianship, etc. shall be governed by other applicable law s.Article 3 Equal Standing of PartiesContract parties enjoy equal legal standing and neither party may imp ose its will on the other party.Article 4 Right to Enter into Contract VoluntarilyA party is entitled to enter into a contract voluntarily under the la w, and no entity or individual may unlawfully interfere with such rig ht.Article 5 FairnessThe parties shall abide by the principle of fairness in prescribing t heir respective rights and obligations.Article 6 Good FaithThe parties shall abide by the principle of good faith in exercising their rights and performing their obligations.Article 7 LegalityIn concluding or performing a contract, the parties shall abide by th e relevant laws and administrative regulations, as well as observe so cial ethics, and may not disrupt social and economic order or harm th e public interests.Article 8 Binding Effect; Legal ProtectionA lawfully formed contract is legally binding on the parties. The par ties shall perform their respective obligations in accordance with th e contract, and neither party may arbitrarily amend or terminate the contract.A lawfully formed contract is protected by law.Chapter Two Formation of ContractsArticle 9 Capacity; Contract through AgentIn entering into a contract, the parties shall have the appropriate c apacities for civil rights and civil acts.A party may appoint an agent to enter into a contract on its behalf u nder the law.Article 10 Forms of Contract; Writing RequirementA 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 re gulation so requires. A contract shall be in writing if the parties h ave so agreed.Article 11 Definition of WritingA writing means a memorandum of contract, letter or electronic messag e (including telegram, telex, facsimile, electronic data exchange and electronic mail), etc. which is capable of expressing its contents i n a tangible form.Article 12 Terms of ContractThe terms of a contract shall be prescribed by the parties, and gener ally 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-AcceptanceA contract is concluded by the exchange of an offer and an acceptanc e.Article 14 Definition of OfferAn offer is a party's manifestation of intention to enter into a cont ract 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 wi ll be boundthereby.Article 15 Invitation to OfferAn invitation to offer is a party's manifestation of intention to inv ite 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 th e 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 s ystem to receive it, the time when the electronic message enters into such specific system is deemed its time of arrival; if no specific s ystem has been designated, the time when the electronic message first enters into any of the recipient's systems is deemed its time of arr ival.Article 17 Withdrawal of OfferAn offer may be withdrawn. The notice of withdrawal shall reach the o fferee before or at the same time as the offer.Article 18 Revocation of OfferAn offer may be revoked. The notice of revocation shall reach the off eree before it has dispatched a notice of acceptance.Article 19 Irrevocable OfferAn offer may not be revoked:(i) if it expressly indicates, whether by stating a fixed time for ac ceptance or otherwise, that it is irrevocable;(ii) if the offeree has reason to regard the offer as irrevocable, an d has undertaken preparation for performance.Article 20 Extinguishment of OfferAn offer is extinguished in any of the following circumstances:(i) The notice of rejection reaches the offeror;(ii) The offeror lawfully revokes the offer;(iii) The offeree fails to dispatch its acceptance at the end of the period for acceptance;(iv) The offeree makes a material change to the terms of the offer.Article 21 Definition of AcceptanceAn acceptance is the offeree's manifestation of intention to assent t o an offer.Article 22 Mode of Acceptance; Acceptance by ConductAn acceptance shall be manifested by notification, except where it ma y be manifested by conduct in accordance with the relevant usage or a s indicated in the offer.Article 23 Timely Dispatch of AcceptanceAn acceptance shall reach the offeror within the period prescribed in the offer.Where the offer does not prescribe a period for acceptance, the accep tance shall reach the offeror as follows:(i) Where the offer is made orally, the acceptance shall be dispatche d immediately, unless otherwise agreed by the parties;(ii) Where the offer is made in a non-oral manner, the acceptance sha ll reach the offeror within a reasonable time.Article 24 Commencement of the Period for AcceptanceWhere an offer is made by a letter or a telegram, the period for acce ptance commences on the date shown on the letter or the date on which the telegram is handed in for dispatch. If the letter does not speci fy a date, the period commences on the posting date stamped on the en velop. Where the offer is made through an instantaneous communication device such as telephone or facsimile,etc., the period for acceptance commences once the offer reaches the offeree.Article 25 Contract Formed upon Effectiveness of AcceptanceA contract is formed once the acceptance becomes effective.Article 26 Effectiveness of AcceptanceA notice of acceptance becomes effective once it reaches the offeror. Where the acceptance does not require notification, it becomes effec tive once an act of acceptance is performed in accordance with the re levant usage or as required by the offer.Where a contract is concluded by the exchange of electronic messages, the time of arrival of the acceptance shall be governed by Paragraph 2 of Article 16 hereof.Article 27 Withdrawal of AcceptanceAn acceptance may be withdrawn. The notice of withdrawal shall reach the offeror before or at the same time as the acceptance.Article 28 Late AcceptanceAn acceptance dispatched by the offeree after expiration of the perio d for acceptance constitutes a new offer, unless the offeror timely a dvises the offeree that the acceptance is valid.Article 29 Delayed Transmission of AcceptanceIf the offeree dispatched its acceptance within the period for accept ance, and the acceptance, which would otherwise have reached the offe ror in due time under normal circumstances, reaches the offeror after expiration of the period for acceptance due to any other reason, the acceptance is valid, unless the offeror timely advises the offeree t hat the acceptance has been rejected on grounds of the delay.Article 30 Acceptance Containing Material ChangeThe terms of the acceptance shall be identical to those of the offer.A purported acceptance dispatched by the offeree which materially al ters the terms of the offer constitutes a new offer. A change in the subject matter, quantity, quality, price or remuneration, time, place and method of performance, liabilities for breach of contract or method of dispute resolution is a material change to the terms of the of fer.Article 31 Acceptance Containing Non-material ChangesAn acceptance containing nonmaterial changes to the terms of the offe r is nevertheless valid and the terms thereof prevail as the terms of the contract, unless the offeror timely objects to such changes or t he offer indicated that acceptance may not contain any change to the terms thereof.Article 32 Time of Formation in Case of Memorandum of ContractWhere the parties enter into a contract by a memorandum of contract, the contract is formed when it is signed or sealed by the parties.Article 33 Time of Formation in Case of Letters or Electronic Message s;Confirmation LetterWhere the parties enter into a contract by the exchange of letters or electronic messages, one party may require execution of a confirmati on letter before the contract is formed. The contract is formed upon execution of the confirmation letter.Article 34 Place of Formation; Electronic MessagesThe place where the acceptance becomes effective is the place of form ation of a contract.Where a contract is concluded by the exchange of electronic messages, the recipient's main place of business is the place of formation of the contract; if the recipient does not have a main place of business, its habitual residence is the place of formation of the contract. If the parties have agreed otherwise, such agreement prevails.Article 35 Place of Formation in Case of Memorandum of Contract Where a contract is concluded by a memorandum of contract, its place of formation is the place where the parties sign or seal the contrac t.Article 36 Effect of Failure to Conclude Contract in WritingWhere a contract is to be concluded by a writing as required by the relevant law or administrative regulation or as agreed by the parties, if the parties failed to conclude the contract in writing but one pa rty has performed its main obligation and the other party has accepte d the performance, the contract is formed.Article 37 Effect of Failure to Sign in Case of Memorandum of Contrac tWhere a contract is to be concluded by a memorandum of contract, if p rior to signing or sealing of the contract, one party has performed i ts main obligation and the other party has accepted the performance, the contract is formed.Article 38 Contract under State Mandatory PlanWhere the state has, in light of its requirements, issued a mandatory plan or state purchase order, the relevant legal persons and other o rganizations shall enter into a contract based on the rights and obli gations of the parties prescribed by the relevant laws and administra tive regulations.Article 39 Standard Terms; Duty to Call AttentionWhere a contract is concluded by way of standard terms, the party sup plying the standard terms shall abide by the principle of fairness in prescribing the rights and obligations of the parties and shall, in a reasonable manner, call the other party's attention to the provisio n(s) whereby such party's liabilities are excluded or limited, and sh all explain such provision(s) upon request by the other party. Standard terms are contract provisions which were prepared in advance by a party for repeated use, and which are not negotiated with the o ther party in the course of concluding the contract.Article 40 Invalidity of Certain Standard TermsA standard term is invalid if it falls into any of the circumstances set forth in Article 52 and Article 53 hereof, or if it excludes the liabilities of the party supplying such term, increases the liabiliti es of the other party, or deprives the other party of any of its mate rial rights.Article 41 Dispute Concerning Construction of Standard TermIn case of any dispute concerning the construction of a standard term, such term shall be interpreted in accordance with common sense. If t he standard term is subject to two or more interpretations, it shall be interpreted against the party supplying it. If a discrepancy exist s between the standard term and a non-standard term, the non-standard term prevails.Article 42 Pre-contract LiabilitiesWhere in the course of concluding a contract, a party engaged in any of the following conducts, thereby causing loss to the other party, i t shall be liable for damages:(i) negotiating in bad faith under the pretext of concluding a contra ct;(ii) intentionally concealing a material fact relating to the conclus ion of thecontract or supplying false information;(iii) any other conduct which violates the principle of good faith.Article 43 Trade Secrets; Liability for Disclosure or Improper UseA party may not disclose or improperly use any trade secret which it became aware of in the course of negotiating a contract, regardless o f whether a contract is formed. If the party disclosed or improperly used such trade secret, thereby causing loss to the other party, it s hall be liable for damages.Chapter Three Validity of ContractsArticle 44 Effectiveness of ContractA lawfully formed contract becomes effective upon its formation. Where effectiveness of a contract is subject to any procedure such as approval or registration, etc. as required by a relevant law or admi nistrative regulation, such provision applies.Article 45 Conditions Precedent; Conditions Subsequent; Improper Impa irment orFacilitationThe parties may prescribe that effectiveness of a contract be subjectto certain conditions. A contract subject to a condition precedent b ecomes effective once such condition is satisfied. A contract subject to a condition subsequent is extinguished once such condition is sat isfied.Where in order to further its own interests, a party improperly impai red the satisfaction of a condition, the condition is deemed to have been satisfied; where a party improperly facilitated the satisfaction of a condition, the condition is deemed not to have been satisfied.Article 46 Contract TermThe parties may prescribe a term for a contract. A contract subject t o a time of commencement becomes effective at such time. A contract s ubject to a time of expiration is extinguished at such time.Article 47 Contract by Person with Limited CapacityA contract concluded by a person with limited capacity for civil act is valid upon ratification by the legal agent thereof, provided that a contract from which such person accrues benefits only or the conclu sion of which is appropriate for his age, intelligence or mental heal th does not require ratification by his legal agent.The other party may demand that the legal agent ratify the contract w ithin one month. If the legal agent fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratifi cation of the contract, the other party in good faith is entitled to cancel the contract. Cancellation shall be effected by notification.Article 48 Contract by Unauthorized AgentAbsent ratification by the principal, a contract concluded on his beh alf by a person who lacked agency authority, who acted beyond his age ncy authority or whose agency authority was extinguished is not bindi ng upon the principal unless ratified by him, and the person performi ng such act is liable.The other party may demand that the principal ratify the contract wit hin one month. Where the principal fails to manifest his intention, h e is deemed to have declined to ratify the contract. Prior to ratific ation of the contract, the other party in good faith is entitled to c ancel the contract. Cancellation shall be effected by notification.Article 49 Contract by Person with Apparent Agency AuthorityWhere the person lacking agency authority, acting beyond his agency a uthority, or whose agency authority was extinguished concluded a cont ract in the name of the principal, if it was reasonable for the other party to believe that the person performing the act had agency autho rity, such act of agency is valid.Article 50 Contract Executed by Legal RepresentativeWhere the legal representative or the person-in-charge of a legal per son or an organization of any other nature entered into a contract ac ting beyond his scope of authority, unless the other party knew or sh ould have known that he was acting beyond his scope of authority, suc h act of representation is valid.Article 51 Unauthorized Disposal of Property through ContractWhere a piece of property belonging to another person was disposed of by a person without the power to do so, such contract is nevertheles s valid once the person with the power to its disposal has ratified t he contract, or if the person lacking the power to dispose of it when the contract was concluded has subsequently acquired such power.Article 52 Invalidating CircumstancesA contract is invalid in any of the following circumstances:(i) One party induced conclusion of the contract through fraud or dur ess, thereby harming the interests of the state;(ii) The parties colluded in bad faith, thereby harming the interests of the state, the collective or any third party;(iii) The parties intended to conceal an illegal purpose under the gu ise of a legitimate transaction;(iv) The contract harms public interests;(v) The contract violates a mandatory provision of any law or adminis trative regulation.Article 53 Invalidity of Certain Exculpatory ProvisionsThe following exculpatory provisions in a contract are invalid(i) excluding one party's liability for personal injury caused to the other party;(ii) excluding one party's liability for property loss caused to the other party by its intentional misconduct or gross negligence.Article 54 Contract Subject to Amendment or CancellationEither of the parties may petition the People's Court or an arbitrati on institution for amendment or cancellation of a contract if:(i) the contract was concluded due to a material mistake;(ii) the contract was grossly unconscionable at the time of its concl usion.If a party induced the other party to enter into a contract against i ts true intention by fraud or duress, or by taking advantage of the o ther party's hardship, the aggrieved party is entitled to petition th e People's Court or an arbitration institution for amendment or cance llation of the contract.Where a party petitions for amendment of the contract, the People's C ourt or arbitration institution may not cancel the contract instead.Article 55 Extinguishment of Cancellation RightA party's cancellation right is extinguished in any of the following circumstances:(i) It fails to exercise the cancellation right within one year, comm encing on the date when the party knew or should have known the cause for the cancellation;(ii) Upon becoming aware of the cause for cancellation, it waives the cancellation right by express statement or by conduct.Article 56 Effect of Invalidation or Cancellation; Partial Invalidati on orCancellationAn invalid or canceled contract is not legally binding ab initio. Whe re a contract is partially invalid, and the validity of the remaining provisions thereof is not affected as a result, the remaining provis ions are nevertheless valid.Article 57 Independence of Dispute Resolution ProvisionThe invalidation, cancellation or discharge of a contract does not impair the validity of the contract provision concerning the method of dispute resolution, which exists independently in the contract.Article 58 Remedies in Case of Invalidation or CancellationAfter a contract was invalidated or canceled, the parties shall make restitution of any property acquired thereunder; where restitution in kind is not possible or necessary, allowance shall be made in money based on the value of the property. The party at fault shall indemnif y the other party for its loss sustained as a result. Where both part ies were at fault, the parties shall bear their respective liabilitie s accordingly.Article 59 Remedies in Case of Collusion in Bad FaithWhere the parties colluded in bad faith, thereby harming the interest s of the state, the collective or a third person, any property acquir ed as a result shall be turned over to the state or be returned to th e collective or the third person.Chapter Four Performance of ContractsArticle 60 Full Performance; Performance in Good FaithThe parties shall fully perform their respective obligations in accor dance with the contract.The parties shall abide by the principle of good faith, and perform o bligations such as notification, assistance, and confidentiality, etc. in light of the nature and purpose of the contract and in accordance with the relevant usage.Article 61 Indeterminate Terms; Supplementary AgreementIf a term such as quality, price or remuneration, or place of perform ance etc. was not prescribed or clearly prescribed, after the contrac t has taken effect, the parties may supplement it through agreement; if the parties fail to reach a supplementary agreement, such term sha ll be determined in accordance with the relevant provisions of the co ntract or in accordance with the relevant usage.Article 62 Gap FillingWhere a relevant term of the contract was not clearly prescribed, and cannot be determined in accordance with Article 61 hereof, one of the following provisions applies:(i) If quality requirement was not clearly prescribed, performance sh all be in accordance with the state standard or industry standard; ab sent any state or industry standard, performance shall be in accordan ce with the customary standard or any particular standard consistent with the purpose of the contract;(ii) If price or remuneration was not clearly prescribed, performance shall be in accordance with the prevailing market price at the place of performance at the time the contract was concluded, and if adopti on of a price mandated by the government or based on government issue d pricing guidelines is required by law, such requirement applies; (iii) Where the place of performance was not clearly prescribed, if t he obligation is payment of money, performance shall be at the place where the payee is located; if the obligation is delivery of immovabl e property, performance shall be at the place where the immovable pro perty is located; for any other subject matter, performance shall be at the place where the obligor is located;(iv) If the time of performance was not clearly prescribed, the oblig or may perform, and the obligee may require performance, at any time, provided that the other party shall be given the time required for p reparation;(v) If the method of performance was not clearly prescribed, performa nce shall be rendered in a manner which is conducive to realizing the purpose of the contract;(vi) If the party responsible for the expenses of performance was not clearly prescribed, the obligor shall bear the expenses.Article 63 Performance at Government Mandated PriceWhere a contract is to be implemented at a price mandated by the gove rnment or based on government issued pricing guidelines, if the gover nment adjusts the price during the prescribed period of delivery, the contract price shall be the price at the time of delivery. Where a p arty delays in delivering the subject matter, the original price appl ies if the price has increased, and the new price applies if the pric e has decreased. Where a party delays in taking delivery or making payment, the new price applies if the price has increased, and the orig inal price applies if the price has decreased.Article 64 Performance toward a Third PersonWhere the parties prescribed that the obligor render performance to a third person, if the obligor fails to render its performance to the third person, or rendered non-conforming performance, it shall be lia ble to the obligee for breach of contract.Article 65 Performance by a Third PersonWhere the parties prescribed that a third person render performance t o the obligee, if the third person fails to perform or rendered non-c onforming performance, the obligor shall be liable to the obligee for breach of contract.Article 66 Simultaneous PerformanceWhere the parties owe performance toward each other and there is no o rder of performance, the parties shall perform simultaneously. Prior to performance by the other party, one party is entitled to reject it s requirement for performance. If the other party rendered non-confor ming performance, one party is entitled to reject its corresponding r equirement for performance.Article 67 Consecutive PerformanceWhere the parties owe performance toward each other and there is an o rder of performance, prior to performance by the party required to pe rform first, the party who is to perform subsequently is entitled to reject its requirement for performance. If the party required to perf orm first rendered non-conforming performance, the party who is to pe rform subsequently is entitled to reject its corresponding requiremen t for performance.Article 68 Right to Suspend PerformanceThe party required to perform first may suspend its performance if it has conclusive evidence establishing that the other party is in any of the following circumstances:(i) Its business has seriously deteriorated;(ii) It has engaged in transfer of assets or withdrawal of funds for。

中国合同法(中英对照)

中国合同法(中英对照)

Chapter 6 Termination of Contractual Rights and Obligations第六章合同的权利义务终止Article 91 The rights and obligations under a contract shall be terminated under any of the following circumstances:(1) the obligations have been performed as agreed upon;(2) the contract has been rescinded;(3) the obligations have been offset against each other;(4) the obligor has escrowed the subject matter accordance with the law;(5) the obligee has released the obligor of its obligation;(6) the rights and obligations have vested in one party;(7) any other circumstances for termination as stipulated by the laws or agreed upon by the parties.第九十一条【合同消灭的原因】有下列情形之一的,合同的权利义务终止:(一)债务已经按照约定履行;(二)合同解除;(三)债务相互抵销;(四)债务人依法将标的物提存;(五)债权人免除债务;(六)债权债务同归于一人;(七)法律规定或者当事人约定终止的其他情形。

Article 92 After the termination of the rights and obligations under the contract, the parties shall observe the principal of honesty and good faith and perform the obligations of notification,assistance and confidentiality, etc. in accordance with relevant transaction practices.第九十二条【合同终止后的义务】合同的权利义务终止后,当事人应当遵循诚实信用原则,根据交易习惯履行通知、协助、保密等义务。

规定合同法中英文逐条对照版

规定合同法中英文逐条对照版

中华人民国合同法Contract Law of the People's Republic of China 总则第一章一般规定第二章合同的订立第三章合同的效力第四章合同的履行第五章合同的变更和转让第六章合同的权利义务终止第七章违约责任第八章其他规定分则第九章买卖合同第十章供用电、水、气、热力合同第十一章赠与合同第十二章借款合同第十三章租赁合同第十四章融资租赁合同第十五章承揽合同第十六章建设工程合同第十七章运输合同第十八章技术合同第十九章保管合同第二十章仓储合同第二十一章委托合同第二十二章行纪合同第二十三章居间合同附则总则General Provisions第一章一般规定Chapter 1 General Provisions第一条【立法目的】为了保护合同当事人的合法权益,维护社会经济秩序,促进社会主义现代化建设,制定本法。

Article 1 This Law is enacted in order to protect the lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialistmodernization.第二条【合同定义】本法所称合同是平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。

婚姻、收养、监护等有关身份关系的协议,适用其他法律的规定。

Article 2 A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of such entities.Agreements concerning personal relationships such as marriage,adoption, guardianship, etc.shall be governed by the provisions in other laws.第三条【平等原则】合同当事人的法律地位平等,一方不得将自己的意志强加给另一方。

劳动合同全文中英对照版

劳动合同全文中英对照版

劳动合同全文中英对照版第一条合同双方1.1 雇主:[雇主名称] (以下简称“雇主”)1.2 雇员:[雇员姓名] (以下简称“雇员”)第二条合同内容2.1 雇佣期限:本合同自[起始日期]起至[终止日期]止。

2.2 工作岗位:雇员将担任[工作岗位]职务。

2.3 工作地点:雇员将在[工作地点]工作。

2.4 工作时间:雇员每周工作时间为[工作时间]。

2.5 试用期:本合同不设试用期。

第三条薪酬与福利3.1 薪酬:雇员的月工资为人民币[薪酬金额]。

3.2 加班工资:如雇员超出工作时间要求,将按照国家相关规定支付加班工资。

3.3 年度奖金:根据雇员的绩效评估情况,雇主有权决定是否发放年度奖金。

3.4 社会保险:雇主将按照国家法律规定为雇员办理社会保险。

3.5 带薪年假:雇员享有每年[带薪年假天数]天的带薪年假。

第四条工作义务4.1 雇员应按照雇主的工作安排和要求,认真履行工作职责。

4.2 雇员应保守雇主的商业机密和保密信息,不得泄露给任何第三方。

4.3 雇员不得在工作期间从事与工作无关的商业活动。

第五条终止合同5.1 合同期满:合同期满时,本合同自动终止,无需提前通知。

5.2 解除合同:任何一方可在提前[提前通知期限]提前通知对方解除合同。

5.3 解雇:如果雇员违反合同约定或工作不力,雇主有权解雇雇员。

第六条争议解决6.1 本合同的解释和执行均适用中华人民共和国的法律。

6.2 对于因履行本合同而发生的争议,双方应通过友好协商解决;协商不成的,应提交有管辖权的人民法院裁决。

第七条其他约定7.1 本合同一式两份,雇主和雇员各持一份,具有同等法律效力。

7.2 本合同自双方签字盖章之日起生效。

---Employment Contract (Chinese-English Version)Article 1: Parties to the Contract1.1 Employer: [Employer Name] (hereinafter referred to as "Employer")1.2 Employee: [Employee Name] (hereinafter referred to as "Employee")Article 2: Contract Details2.1 Employment Period: This contract is valid from [Start Date] to [End Date].2.2 Job Position: The Employee will hold the position of [Job Position].2.3 Workplace: The Employee will work at [Workplace].2.4 Working Hours: The Employee's weekly working hours will be [Working Hours].2.5 Probation: This contract does not include a probation period.Article 3: Remuneration and Benefits3.1 Salary: The Employee's monthly salary will be [Salary Amount] Chinese Yuan.3.3 Annual Bonus: The Employer has the discretion to grant an annual bonus based on the Employee's performance evaluation.3.4 Social Insurance: The Employer will provide social insurance for the Employee in accordance with the laws and regulations.3.5 Paid Annual Leave: The Employee is entitled to [Paid Annual Leave Days] days of paid annual leave per year.Article 4: Job Responsibilities4.1 The Employee shall diligently perform their job duties in accordance with the Employer's instructions and requirements.4.2 The Employee shall keep the Employer's trade secrets and confidential information strictly confidential and shall not disclose them to any third party.4.3 The Employee shall not engage in any business activities unrelated to their job during working hours.Article 5: Termination of Contract5.1 Expiration: Upon the expiration of the contract, it shall terminate automatically without prior notice.5.2 Termination Notice: Either party may give notice to terminate the contract with [Advance Notice Period] prior notice.5.3 Termination by Dismissal: The Employer has the right to dismiss the Employee if they violate the contract terms or perform poorly.Article 6: Dispute Resolution6.1 The interpretation and implementation of this contract shall be governed by the laws of the People's Republic of China.Article 7: Miscellaneous7.1 This contract is made in duplicate, with each party holding one copy, both of which have equal legal effect.。

合同法中英文

合同法中英文

合同法中英文Contract Law (合同法)。

Preamble (序言)。

This contract is entered into by and between [Party A] and [Party B], hereinafter referred to as "the Parties", in accordance with the laws of [jurisdiction]. This contractis intended to govern the rights and obligations of the Parties with respect to [subject matter of the contract].本合同由[甲方]和[乙方]双方根据[jurisdiction]的法律订立,以下简称“双方”。

本合同旨在规范双方在[合同主题]方面的权利和义务。

Article 1: Definitions (定义)。

1.1 "Party A" refers to [legal name and address ofParty A].1.2 "Party B" refers to [legal name and address of Party B].1.3 "Subject Matter of the Contract" refers to [brief description of the subject matter of the contract].第一条,定义。

1.1 “甲方”指的是[甲方的法律名称和地址]。

1.2 “乙方”指的是[乙方的法律名称和地址]。

1.3 “合同主题”指的是[合同主题的简要描述]。

Article 2: Formation of Contract (合同的形成)。

2.1 This contract shall come into effect upon the mutual agreement and signature of both Parties.2.1 本合同应在双方相互同意并签署后生效。

最新劳动合同法中英文对照版

最新劳动合同法中英文对照版

劳动合同法中英文对照版中华人民共和国劳动合同法Labor Contract Law of the People’s Republic of China(2007年6月29日第十届全国人民代表大会常务委员会第二十八次会议通过)(Adopted at the 28th Session of Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007)目录(Content)第一章总则Chapter I General Provisions第二章劳动合同的订立Chapter II Formation of Labor Contracts第三章劳动合同的履行和变更Chapter III Fulfillment and Change of Labor Contracts第四章劳动合同的解除和终止Chapter IV Dissolution and Termination of Labor Contracts第五章特别规定Chapter V Special Provisions第一节集体合同Section 1 Collective Contract第二节劳务派遣Section 2 Worker Dispatch第三节非全日制用工Section 3 Part-time Employment第六章监督检查Chapter VI Supervision and Inspection第七章法律责任Chapter VII Legal Liabilities第八章附则Chapter VIII Supplementary Provisions第一章总则Chapter I General Provisions第一条为了完善劳动合同制度,明确劳动合同双方当事人的权利和义务,保护劳动者的合法权益,构建和发展和谐稳定的劳动关系,制定本法。

合同法中英文对照版

合同法中英文对照版

合同法中英文对照版引言合同是现代社会经济活动中不可或缺的一种法律工具。

随着国际贸易和跨国投资的发展,了解合同法的中英文对照版对于双方当事人的交流和合作至关重要。

本文将以《中华人民共和国合同法》为例,提供其中文和英文之间的对照,以方便读者的参考和理解。

中文版:第一条合同,是自愿订立的,民事权利和义务的协议。

英文版:Article 1 A contract is an agreement reached voluntarily by the parties concerned for the purpose of creating, modifying or terminating civil rights and obligations.中文版:第十一条合同成立,当事人达成协议,对合同中的主要条款达成一致,表明了意思表示,就视为合同成立。

法律另有规定的,依照其规定。

英文版:Article 11 A contract is formed when the parties concerned reach consensus on all essential terms and express their intention of entering into acontract in a definite way. Where laws provide otherwise, such provisions shall apply.3. 合同的效力中文版:第十五条无效合同,是指违反法律、行政法规或者社会公共利益,违背公序良俗,损害国家利益、社会公共利益、他人合法权益的合同。

英文版:Article 15 An invalid contract refers to a contract that, at the time of its conclusion, violates the lawsor administrative regulations, contravenes social public interests or good customs, or imprs state interests, social public interests or the lawful rights and interests of others.4. 合同的履行和变更中文版:第九十条根据订立的合同,当事人应当按照约定履行自己的义务,保护对方的权益。

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合同法中英文对照版
合同法中英文对照版,关于中华人民共和国合同法英文,正规的合同法是什么样子?下面小编为你带来中华人民共和国合同法最新版,欢迎阅读参考!
合同法中英文对照版
General Provisions
总则
Chapter 1 General Provisions
第一章一般规定
Article 1 This Law is enacted in order to protect the lawful rights andinterests of the contracting parties, to maintain social and economic order,and to promote the process of socialist modernization.
第一条【立法目的】为了保护合同当事人的合法权益,维护社会经济秩序,促进社会主义现代化建设,制定本法。

Article 2 A contract in this Law refers to an agreement among naturalpersons, legal persons or other organizations as equal parties for theestablishment, modification of a relationship involving the civil rights andobligations of such entities.
Agreements concerning personal relationships such as marriage, adoption,guardianship, etc.。

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