中国合同法中英文对照
合同法中英文对照
Rights and Obligations:
1. Party A's Rights and Obligations:
- Delivery of the Subject Matter: Party A shall deliver the subject matter in accordance with the terms specified herein.
1. Breach and Penalty: In the event of a breach by either Party of any provision of this Agreement, the breaching Party shall pay to the non-breaching Party a penalty of [Specify the amount or percentage of the penalty] as compensation for the breach.
3. Exemptions: The Parties shall not be liable for any breach that is caused by force majeure or any other circumstances beyond their reasonable control.
七、合同或协议生效、变更与解除条款
Effective, Amendment, and Termination Terms:
1. Effective Date: This Agreement shall become effective upon [Specify the date, event, or condition upon which the Agreement becomes effective].
合同法中英文对照
合同法中英文对照
Contract Law English-Chinese Comparison。
合同法是一项重要的法律法规,用于规范和保护各种类型的合同关系。
在合同
法的适用过程中,英文和中文之间存在一些差异和特殊规定。
因此,在起草和执行合同时,必须对合同法中英文条款进行对照和理解,以确保合同的合法性和有效性。
在合同范本中,我们将重点对合同法中英文进行对照,以便客户更好地理解和
运用合同法规定。
我们将提供清晰的中英文对照条款,并解释其含义和适用范围。
无论是涉及到合同的签订、履行还是解除,我们都将为客户提供全面的法律指导和建议。
作为合同范本专家,我们将根据客户的具体需求,定制符合实际情况的合同范本,并确保其中的条款符合合同法的规定。
我们将以专业严谨的态度,为客户提供高质量的合同范本,帮助他们在合同签订过程中避免风险和纠纷。
我们将致力于为客户提供最全面、准确的合同法中英文对照服务,帮助他们更
好地理解和运用合同法规定,保障合同的合法性和有效性。
让我们携手合作,共同打造合同范本的专业标杆!。
合同法(分则)(第二部分)中英文
第十七章运输合同Chapter Seventeen: Carriage Contracts第一节一般规定Section One General Provisions第二百八十八条运输合同是承运人将旅客或者货物从起运地点运输到约定地点,旅客、托运人或者收货人支付票款或者运输费用的合同。
Article 288 Definition of Carriage Contract A carriage contract is a contract whereby the carrier carries the passenger or cargo from the place of departure to the prescribed destination, and the passenger, consignor or consignee pays the fare or freightage.第二百八十九条从事公共运输的承运人不得拒绝旅客、托运人通常、合理的运输要求。
Article 289 Common Carrier May Not Deny Reasonable Carriage Requirement A common carrier may not deny any normal and reasonable carriage requirement by a passenger or consignor.第二百九十条承运人应当在约定期间或者合理期间内将旅客、货物安全运输到约定地点。
Article 290 Obligation of Carrier to Carry in Safe and Timely Manner The carrier shall safely carry the passenger or cargo to the prescribed destination within the prescribed time or within a reasonable time.第二百九十一条承运人应当按照约定的或者通常的运输路线将旅客、货物运输到约定地点。
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any of the following circumstances:(1) the obligations have been performed as agreed upon;(2) the contract has been rescinded;(3) the obligations have been offset against each other;(4) the obligor has escrowed the subject matter accordance with the law;(5) the obligee has released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。
合同法中英文
合同法中英文Contract Law 合同法。
1. Introduction 简介。
1.1 The contract law is a set of legal rules and regulations governing the formation, performance, and termination of contracts. 合同法是一套规范合同的成立、履行和终止的法律规则和法规。
1.2 It aims to ensure that parties to a contract fulfill their obligations and that their rights are protected. 它旨在确保合同各方履行其义务并保护其权利。
2. Essential Elements of a Contract 合同的基本要素。
2.1 Offer and Acceptance 。
2.1.1 An offer is a proposal made by one party to another, indicating a willingness to enter into acontract. 。
2.1.2 Acceptance is the agreement to the terms of the offer. 。
2.1.3 Both offer and acceptance must be clear and definite. 。
2.2 Consideration 。
2.2.1 Consideration refers to something of value exchanged between the parties, such as money, goods, or services. 。
2.2.2 It is a crucial element to validate the contract. 。
中国合同法英文版
中国合同法英文版Contract Law of the People’s Republic of ChinaArticle 1. This law is enacted for the purposes of regulating civil and commercial contracts, protecting the lawful rights and interests of the parties to contracts, and promoting the development of socialist market economy.Article 2. A contract is an agreement reached between natural persons, legal persons or other organizations with equal status, on the basis of equality and mutual benefit, for the purpose of establishing, changing or terminating civil or commercial rights and obligations.Article 3. A contract shall be valid only if it meets the following requirements:- it has clear and complete contents;- it is lawful;- it has been concluded voluntarily by the parties;- it complies with mandatory provisions of laws and administrative regulations.Article 4. The parties to a contract shall have the following rights and obligations:- to perform the obligations agreed upon in the contract;- to enjoy the rights stipulated in the contract;- to terminate or change the contract under circumstances specified in the contractor as provided by law;- to claim damages in accordance with the law if the other party breaches the contract;- to take other measures provided by law to protect their lawful rights and interests.Article 5. A contract shall be legally binding and have compulsory force for the parties.Article 6. The interpretation of a contract shall be based on the intention of the parties as expressed in the contract.Article 7. When the parties fail to agree on certain matters or the agreement is unclear on certain matters, the provisions of the law and administrative regulations shall apply.Article 8. The formation, performance, termination and invalidity of contracts shall be governed by the law o f the People’s Republic of China.Article 9. The parties to a contract shall bear civil liability according to law for failure to perform contractual obligations or for breach of the contract.Article 10. If the parties agree to refer a dispute arising from the contract to arbitration, the arbitration clause shall be valid. If the parties fail to agree on the arbitration, the people’s court shall have jurisdiction.Article 11. Where there are no provisions in this law, other relevant laws and administrative regulations shall apply.。
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.
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。
合同法专业词汇中英文对照Contract
1.assignment of contract--合同转让Subject:[Contract;Civil Procedure]2.fail to establish--不能成立Subject:[Contract]3.cannot be established--不能成立Subject:[Contract]4.breach--不履行Subject:[Contract]5.non-performance--不履行Subject:[Contract]6.standard form of contract--标准格式合同Subject:[Contract]7.default--不履行Subject:[Contract]8.warranty--保证条款Subject:[Contract;Insurance]9.faulty performance--有缺陷的履行Subject:[Contract]10.subject to a contract--在不抵触合同的情况下Subject:[Contract]11.technology transfer contract--技术转让合同Subject:[Contract]12.increased pro rata--按比例增加Subject:[Contract]13.including but are not limited to--包括但不限于Subject:[Contract;General]14.confidentiality agreement--保密协议Subject:[Contract;General]15.Suretyship Contract--保证合同Subject:[Contract]16.formalities for change of registration--变更登记手续Subject:[Civil Procedure;Contract;General]17.document evidencing the(registration)change--变更(登记)证明文件Subject:[Contract;Civil Procedure;General]18.change of company nature--变更公司形式Subject:[Contract;Corporate;Civil Procedure;General]19.the amount of the subject matter--标的额Subject:[Contract;General]20.subject matter--标的物Subject:[General;Contract]21.agreement on relocation and compensation--补偿安置协议Subject:[Contract]22.supplementary agreement--补充协议Subject:[Contract]23.lease without fixed term--不定期租赁Subject:[Contract]24.irrevocable written contract--不可撤销的书面合同Subject:[Contract]25.without being subject to the preceding paragraph--不受前款规定的限制Subject:[Contract;General]26.mode of acceptance--承诺方式Subject:[Contract]27.representation and warranty--陈述和保证Subject:[Contract]28.prima facie evidence--初步证据Subject:[Contract]29.contract on grant of the right to use State land--出让国有土地使用权合同Subject:[Real Estate;Contract]30.lease--出租Subject:[Contract;General]31.lessor--出租人Subject:[Contract;General]32.ancillary contract--从合同Subject:[Contract]33.accessory contract--从合同Subject:[Contract]34.representative action--代表诉讼Subject:[Contract]35.loan commitment--贷款承诺Subject:[Contract;Corporate;General]36.secured loan--担保贷款Subject:[Contract]37.electronic information screens--电子信息屏Subject:[Contract]38.mortgage security--抵押担保Subject:[Contract]39.culpa in contrahendo--缔约过失责任Subject:[Contract]40.multimedia terminals--多媒体终端Subject:[Contract]41.multi-modal transport contract--多式联运合同Subject:[Contract]42.cost sharing agreement--费用分享协议Subject:[Contract]43.collateral condition--附带条件Subject:[Contract]44.term of service--服务期Subject:[Contract]45.standard clauses--格式条款Subject:[Contract]46.an arm's length price--公平成交价Subject:[Corporate;Contract]47.inter-company agreement--公司间协议Subject:[Contract;Corporate]48.supply and sale contract--供销合同Subject:[Contract]49.impartiality--公正性Subject:[Contract]50.fixed term--固定期限Subject:[Contract]51.fixed-term labor contract--固定期限劳动合同Subject:[Contract;Labor and Social Security]52.employment agreement--雇佣协议Subject:[Contract]53.voyage charter party--航次租船合同Subject:[Contract]54.contract consideration--合同对价Subject:[Contract]55.the place of contract performance--合同履行地Subject:[Contract]56.contracting energy management--合同能源管理Subject:[Contract]57.contractual dispute--合同争议Subject:[Contract]58.the equity joint venture contract--合营合同Subject:[Foreign Investment;Corporate;Contract]59.the contract of an equity joint venture enterprise--合营企业合同Subject:[Contract;Corporate;Foreign Investment]60.the cooperative joint venture contract--合作合同Subject:[Foreign Investment;Corporate;Contract]61.cooperative joint venture enterprise--合作企业Subject:[Contract;Corporate;Foreign Investment]62.contract of a cooperative joint venture enterprise--合作企业合同Subject:[Contract;Corporate;Foreign Investment]63.simple contract--简单合同Subject:[Contract]64.construction project contract--建设工程合同Subject:[Contract]65.construction engineering industry--建设工程行业Subject:[Contract]66.trade practice--交易习惯Subject:[Contract]67.home address--家庭住址Subject:[Contract]68.home service company--家政服务公司Subject:[Contract]69.dissolution of a contract--解除合同Subject:[Contract]70.rescind--解除(合同)Subject:[Contract]71.business address--经营地址Subject:[Contract]72.non-disclosure agreement--禁止披露协议Subject:[Contract]73.spot rate--即期汇率Subject:[Contract]74.technological innovation--技术革新Subject:[Contract]75.collective contract--集体合同Subject:[Contract;Labor and Social Security]76.collective labor agreement--集体劳动协议Subject:[Contract;Labor and Social Security]77.collective consultation--集体协商Subject:[Contract;Labor and Social Security]78.collective consultation mechanism--集体协商机制Subject:[Contract]79.identity certificate number--居民身份证号码Subject:[Contract]80.verbal agreement--口头协议Subject:[Contract]81.oral agreement--口头协议Subject:[Contract]bor contract--劳动合同Subject:[Labor and Social Security;Contract]83.amendment to a labor contract--劳动合同变更书Subject:[Contract]bor Contract Law--劳动合同法Subject:[Contract]85.model labor contract--劳动合同范本Subject:[Contract]bor dispute--劳动争议Subject:[Contract]87.co-creditor--连带债权人Subject:[Contract]88.perform a labor contract--履行劳动合同Subject:[Contract]89.seller--卖方Subject:[Contract;General]90.buyer--买方Subject:[Contract;General]91.purchaser--买方Subject:[Contract;General]92.purchase and sale contract--买卖合同Subject:[Contract]93.liability exemption--免责Subject:[Contract]94.expressly marked price--明码标价Subject:[Contract]95.employment contract--聘用合同Subject:[Contract]96.signature or seal--签章Subject:[Contract]97.signature or seal--签字或盖章Subject:[Contract]98.contract for financial lease--融资租赁合同Subject:[Contract]99.pending agreement--尚未完成的协议Subject:[Contract;General]100.living expense--生活费Subject:[Contract]101.specific performance--实际履行Subject:[Contract]102.substantial change--实质性变更Subject:[Contract]103.bilateral contract--双边合同Subject:[Contract]104.written labor contract--书面劳动合同Subject:[Contract]105.non-fixed term--无固定期限Subject:[Contract]106.unconscionability--显失公平Subject:[Contract]107.duress--胁迫Subject:[Contract]108.contract to repair--修理合同Subject:[Contract]109.renew a contract--续订合同Subject:[Contract]110.formal contract--要式合同Subject:[Contract]111.offer--要约Subject:[Contract;General]112.overall computation and installment payment--一次总算、分期支付Subject:[Contract]113.meeting of minds--意思表示一致Subject:[Contract]114.with a term to expire upon completion of a certain job--以完成一定工作任务为期限Subject:[Contract]115.employment contract--用工合同Subject:[Contract]116.certificate number--证件号码Subject:[Contract]117.dispute review--(建设工程)争议评审Subject:[Contract]118.dispute review team--争议评审组Subject:[Contract]119.prevention and treatment of occupational diseases--职业病防治Subject:[Contract]120.suspension of performance--中断履行Subject:[Contract]121.intermediary service agency--中介服务机构Subject:[Contract]122.transfer agreement--转让协议Subject:[Contract]123.professional technical training--专业技术培训Subject:[Contract]124.registered address--注册地址Subject:[Contract]125.main responsible person--主要负责人Subject:[Contract]126.hotline--咨询电话Subject:[Contract]127.maximum amount mortgage--最高额抵押Subject:[Contract]128.ratification of a contract--追认合同Subject:[Contract]129.lease term--租赁期Subject:[Contract]。
合同法分则(中英文)
分则SPECIFIC PROVISIONS第九章买卖合同Chapter Nine: Sales Contracts第一百三十条买卖合同是出卖人转移标的物的所有权于买受人,买受人支付价款的合同。
Article 130 Definition of Sales ContractA sales contract is a contract whereby the seller transfers title to the subject matter to the buyer, who pays the price.第一百三十一条买卖合同的内容除依照本法第十二条的规定以外,还可以包括包装方式、检验标准和方法、结算方式、合同使用的文字及其效力等条款。
Article 131 Additional TermsIn addition to the terms set forth in Article 12 hereof, a sales contract may include terms such as packing method, inspection standard and inspection method, method of settlement of account, and the language versions of the contract and the authenticity thereof, etc.第一百三十二条出卖的标的物,应当属于出卖人所有或者出卖人有权处分。
Article 132 Title or Disposal Power; Prohibition of or Restriction on TransferThe seller shall have title to, or the power to dispose of, the subject matter for sale.法律、行政法规禁止或者限制转让的标的物,依照其规定。
中国合同法的官方英文版译文
中国合同法的官方英文版译文Here is an essay on the topic of the official English translation of the Chinese Contract Law, with the content exceeding 1,000 words as requested.The Chinese Contract Law is a fundamental legal framework that governs the formation, performance, modification, and termination of contracts in the People's Republic of China. Enacted in 1999 and effective as of October 1, 1999, the law serves as a critical component of China's legal system, providing a comprehensive set of rules and regulations to facilitate commercial transactions and protect the rights and interests of contracting parties.Given the significance of the Chinese Contract Law in the country's economic and legal landscape, it is essential to have an accurate and reliable English translation of the law to ensure its accessibility and comprehension by international stakeholders, including foreign businesses, investors, and legal professionals operating in or engaging with the Chinese market.The official English translation of the Chinese Contract Law is a valuable resource that enables non-Chinese speakers to understandthe key principles, provisions, and requirements outlined in the original Chinese version of the law. This translation plays a crucial role in enhancing transparency, facilitating cross-border transactions, and fostering a deeper understanding of the legal framework governing contracts in China.One of the primary benefits of the official English translation is its ability to bridge the linguistic and cultural gap between China and the international community. By providing a clear and accurate rendition of the Chinese Contract Law in English, the translation empowers foreign entities to navigate the legal landscape more effectively, mitigate risks, and make informed decisions when engaging in contractual relationships with Chinese counterparts.Moreover, the English translation serves as a valuable reference for legal practitioners, scholars, and policymakers outside of China who seek to understand the nuances and implications of the Chinese Contract Law. It allows them to analyze and compare the Chinese legal framework with their own domestic contract laws, facilitating cross-jurisdictional research, policy development, and the identification of potential areas for harmonization or collaboration.The official English translation of the Chinese Contract Law is the result of a meticulous and collaborative effort by legal experts and language professionals. The translation aims to capture the precisemeaning and intent of the original Chinese text while adhering to the conventions and terminology commonly used in international legal discourse.The translation covers a wide range of topics, including the general principles of contract law, the formation and validity of contracts, the rights and obligations of contracting parties, the performance and breach of contracts, and the various methods of contract termination. It also addresses specific types of contracts, such as sales contracts, lease contracts, and technology transfer contracts, among others.One of the notable features of the official English translation is its attention to detail and its efforts to maintain the nuances and technicalities of the Chinese legal language. The translation strives to preserve the specific terminology, concepts, and legal principles that are deeply rooted in the Chinese legal tradition, while also ensuring that the English rendition is clear, concise, and accessible to international readers.For example, the translation carefully differentiates between terms like "contract" and "agreement," "breach of contract" and "default," and "modification" and "amendment," ensuring that the distinctions between these legal concepts are accurately conveyed. This level of precision is crucial in the context of cross-border transactions, where misunderstandings or ambiguities in the legal language can havesignificant consequences.Furthermore, the official English translation of the Chinese Contract Law provides valuable insights into the underlying philosophy and policy objectives that have shaped the development of contract law in China. By understanding the broader context and principles that inform the Chinese legal framework, international stakeholders can better navigate the nuances and expectations surrounding contractual relationships in the Chinese market.In conclusion, the official English translation of the Chinese Contract Law is a invaluable resource that enhances the accessibility and understanding of this critical legal framework for the international community. By bridging the linguistic and cultural divide, the translation promotes transparency, fosters cross-border collaboration, and contributes to the harmonization of contract law practices globally. As China continues to play an increasingly prominent role in the global economy, the importance of this translation will only continue to grow, serving as a vital link between China and the rest of the world.。
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
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。
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。
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。
中国合同法英文版
中国合同法英文版CONTRACT LAW OF P. R. CHINAAdopted and Promulgated by the Second Session of the Ninth National People‘s Congress on March 15, 1999.Translated & Compiled by John Jiang & Henry LiuGENERAL PRINCIPLESChapter One: General ProvisionsArticle 1 PurposeThis Law is formulated in order to protect the lawful rights and interests of contract parties, to safeguard social and economic order, and 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, for the purpose of establishing, altering, or discharging a relationship of civil rights and obligations.An agreement concerning any personal relationship such as marriage, adoption, guardianship, etc. shall be governed by other applicable laws.Article 3 Equal Standing of PartiesContract parties enjoy equal legal standing and neither party may impose 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 law, and no entity or individual may unlawfully interfere with such right.Article 5 FairnessThe parties shall abide by the principle of fairness in prescribing their 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 the relevant laws and administrative regulations, as well as observe social ethics, and may not disrupt social and economic order or harm the public interests.Article 8 Binding Effect; Legal ProtectionA lawfully formed contract is legally binding on the parties. The parties shall perform their respective obligations in accordance with the 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 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 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 regulation so requires. A contract shall be in writing if the parties have so agreed.Article 11 Definition of WritingA 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 ContractThe 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-AcceptanceA contract is concluded by the exchange of an offer and an acceptance.Article 14 Definition of OfferAn offer is a party‘s 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 OfferAn invitation to offer is a party‘s 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 MessageAn 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 recipient‘s systems is deemed its time of arrival.Article 17 Withdrawal of OfferAn 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 OfferAn offer may be revoked. The notice of revocation shall reach the offeree 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 acceptance or otherwise, that it is irrevocable;(ii) if the offeree has reason to regard the offer as irrevocable, and 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 intentio n to assent to an offer.Article 22 Mode of Acceptance; Acceptance by ConductAn acceptance shall be manifested by notification, except where it may be manifested by conduct in accordance with the relevant usage or as 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 acceptance shall reach the offeror as follows:(i) Where the offer is made orally, the acceptance shall be dispatched immediately, unless otherwise agreed by the parties;(ii) Where the offer is made in a non-oral manner, the acceptance shall 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 acceptance 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 specify a date, the period commences on the posting date stamped on the envelop. 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 effective once an act of acceptance is performed in accordance with the relevant 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 period for acceptance constitutes a new offer, unless the offeror timely advises the offeree that the acceptance is valid.Article 29 Delayed Transmission of AcceptanceIf the offeree dispatched its acceptance within the period for acceptance, and the acceptance, which would otherwise have reached the offeror 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 that 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 acceptancedispatched by the offeree which materially alters 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 offer.Article 31 Acceptance Containing Non-material ChangesAn acceptance containing nonmaterial changes to the terms of the offer is nevertheless valid and the terms thereof prevail as the terms of the contract, unless the offeror timely objects to such changes or the 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 Messages; Confirmation Letter Where the parties enter into a contract by the exchange of letters or electronic messages, one party may require execution of a confirmation 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 formation of a contract.Where a contract is concluded by the exchange of electroni c 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 ContractWhere a contract is concluded by a memorandum of contract, its place of formation is the place where the parties sign or seal the contract.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 party has performed its main obligation and the other party has accepted the performance, the contract is formed.Article 37 Effect of Failure to Sign in Case of Memorandum of ContractWhere a contract is to be concluded by a memorandum of contract, if prior to signing or sealing of the contract, one party has performed its 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 organizations shall enter into a contract based on the rightsand obligations of the parties prescribed by the relevant laws and administrative regulations. Article 39 Standard Terms; Duty to Call AttentionWhere a contract is concluded by way of standard terms, the party supplying 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 provision(s) whereby such party‘s liabilities are excluded or limited, and shall 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 other 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 Article53 hereof, or if it excludes the liabilities of the party supplying such term, increases the liabilities of the other party, or deprives the other party of any of its material 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 the standard term is subject to two or more interpretations, it shall be interpreted against the party supplying it. If a discrepancy exists 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, it shall be liable for damages:(i) negotiating in bad faith under the pretext of concluding a contract;(ii) intentionally concealing a material fact relating to the conclusion of the contract 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 of whether a contract is formed. If the party disclosed or improperly used such trade secret, thereby causing loss to the other party, it shall 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 administrative regulation, such provision applies.Article 45 Conditions Precedent; Conditions Subsequent; Improper Impairment or Facilitation The parties may prescribe that effectiveness of a contract be subject to certain conditions. Acontract subject to a condition precedent becomes effective once such condition is satisfied. A contract subject to a condition subsequent is extinguished once such condition is satisfied. Where in order to further its own interests, a party improperly impaired 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 to a time of commencement becomes effective at such time. A contract subject 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 conclusion of which is appropriate for his age, intelligence or mental health does not require ratification by his legal agent.The other party may demand that the legal agent ratify the contract within one month. If the legal agent fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification 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 behalf by a person who lacked agency authority, who acted beyond his agency authority or whose agency authority was extinguished is not binding upon the principal unless ratified by him, and the person performing such act is liable.The other party may demand that the principal ratify the contract within one month. Where the principal fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification of the contract, the other party in good faith is entitled to cancel 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 authority, or whose agency authority was extinguished concluded a contract in the name of the principal, if it was reasonable for the other party to believe that the person performing the act had agency authority, such act of agency is valid.Article 50 Contract Executed by Legal RepresentativeWhere the legal representative or the person-in-charge of a legal person or an organization of any other nature entered into a contract acting beyond his scope of authority, unless the other party knew or should have known that he was acting beyond his scope of authority, such 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 nevertheless valid once the person with the power to its disposal has ratified the 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 duress, 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 guise of a legitimate transaction; (iv) The contract harms public interests;(v) The contract violates a mandatory provision of any law or administrative 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 it s intentional misconduct or gross negligence.Article 54 Contract Subject to Amendment or CancellationEither of the parties may petition the People‘s Court or an arbitration 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 conclusion.If a party induced the other party to enter into a contract against its true intention by fraud or duress, or by taking advantage of the other party‘s hardship, the aggrieved party is entitled to petition the People‘s Court or an arbitration institution fo r amendment or cancellation of the contract.Where a party petitions for amendment of the contract, the People‘s Court or arbitration institution may not cancel the contract instead.Article 55 Extinguishment of Cancellation RightA party‘s cancellatio n right is extinguished in any of the following circumstances:(i) It fails to exercise the cancellation right within one year, commencing 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 Invalidation or CancellationAn invalid or canceled contract is not legally binding ab initio. Where a contract is partially invalid, and the validity of the remaining provisions thereof is not affected as a result, the remaining provisions 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 indemnify the other party for its loss sustained as a result. Where both parties were at fault, the parties shall bear their respective liabilities accordingly.Article 59 Remedies in Case of Collusion in Bad FaithWhere the parties colluded in bad faith, thereby harming the interests of the state, the collective or a third person, any property acquired as a result shall be turned over to the state or be returned to the 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 accordance with the contract.The parties shall abide by the principle of good faith, and perform obligations 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 performance etc. was not prescribed or clearly prescribed, after the contract has taken effect, the parties may supplement it through agreement; if the parties fail to reach a supplementary agreement, such term shall be determined in accordance with the relevant provisions of the contract 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 shall be in accordance with the state standard or industry standard; absent any state or industry standard, performance shall be in accordance 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 adoption of a price mandated by the government or based on government issued pricing guidelines is required by law, such requirement applies;(iii) Where the place of performance was not clearly prescribed, if the obligation is payment of money, performance shall be at the place where the payee is located; if the obligation is deliveryof immovable property, performance shall be at the place where the immovable property 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 obligor may perform, and the obligee may require performance, at any time, provided that the other party shall be given the time required for preparation;(v) If the method of performance was not clearly prescribed, performance 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 government or based on government issued pricing guidelines, if the government adjusts the price during the prescribed period of delivery, the contract price shall be the price at the time of delivery. Where a party delays in delivering the subject matter, the original price applies if the price has increased, and the new price applies if the price has decreased. Where a party delays in taking delivery or making payment, the new price applies if the price has increased, and the original 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 liable to the obligee for breach of contract.Article 65 Performance by a Third PersonWhere the parties prescribed that a third person render performance to the obligee, if the third person fails to perform or rendered non-conforming 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 order of performance, the parties shall perform simultaneously. Prior to performance by the other party, one party is entitled to reject its requirement for performance. If the other party rendered non-conforming performance, one party is entitled to reject its corresponding requirement for performance.Article 67 Consecutive PerformanceWhere the parties owe performance toward each other and there is an order of performance, prior to performance by the party required to perform first, the party who is to perform subsequently is entitled to reject its requirement for performance. If the party required to perform first rendered non-conforming performance, the party who is to perform subsequently is entitled to reject its corresponding requirement for performance.Article 68 Right to Suspend PerformanceThe party required to perform first may suspend its performance if it has conclusive evidenceestablishing 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 the purpose of evading debts; (iii) It has lost its business creditworthiness;(iv) It is in any other circumstance which will or may cause it to lose its ability to perform. Where a party suspends performance without conclusive evidence, it shall be liable for breach of contract.Article 69 Notification upon Suspension of Performance; TerminationIf a party suspends its performance in accordance with Article 68 hereof, it shall timely notify the other party.If the other party provides appropriate assurance for its performance, the party shall resume performance. After performance was suspended, if the other party fails to regain its ability to perform and fails to provide appropriate assurance within a reasonable time, the suspending party may terminate the contract.Article 70 Difficulty in Rendering Performance Due to CombinationWhere after effecting combination, division, or change of domicile, the obligee failed to notify the obligor, thereby making it difficult to render performance, the obligor may suspend its performance or place the subject matter in escrow.Article 71 Right to Reject Early Performance; ExceptionThe obligee may reject the obligor‘s early performance, except where such early perf ormance does not harm the obligee‘s interests.Any additional expense incurred by the obligee due to the obligor‘s early performance shall be borne by the obligor.Article 72 Right to Reject Partial Performance; ExceptionAn obligee may reject the obligor‘s partial performance, except where such partial performance does not harm the obligee‘s interests.Any additional expense incurred by the obligee due to the obligor‘s partial performance shall be borne by the obligor.Article 73 Subrogation; LimitationWhere the obligor delayed in exercising its creditor‘s right against a third person that was due, thereby harming the obligee, the obligee may petition the People‘s Court for subrogation, except where such creditor‘s rig ht is exclusively personal to the obligor.The scope of subrogation is limited to the extent of the obligee‘s right to performance. The necessary expenses for subrogation by the obligee shall be borne by the obligor.Article 74 Obligee‘s Right to Cancel Manifestly Unreasonable Act by ObligorWhere the obligor waived its creditor‘s right against a third person that was due or assigned its property without reward, thereby harming the obligee, the obligee may petition the People‘s Court for cancellation of the obligor‘s act. Where the obligor assigned its property at a low price which。
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(1999年3月15日第九届全国人民代表大会第二次会议通过)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 and interests 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 amongnatural persons, legal persons or other organizations as equalparties for the establishment, modification of a relationshipinvolving the civil rights and obligations of such第二条entities.Agreements concerning personal relationships such as marriage,adoption, guardianship, etc.shall be governed by the provisions in other laws.【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 3 Contracting parties shall have equal legal status, and no party may impose its will on the other party.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。
Article 4 The parties have the right to lawfully enter into a contract of their own free will in accordance with the law, and no unit or individual may illegally interfere therewith.第四条【合同自由原则】当事人依法享有自愿订立合同的权利,任何单位和个人不得非法干预。
Article 5 The parties shall adhere to the principle of fairness in deciding their respective rights and obligations.第五条【公平原则】当事人应当遵循公平原则确定各方的权利和义务。
Article 6 The parties shall observe the principle of honesty and good faith in exercising their rights and performing their obligations.第六条【诚实信用原则】当事人行使权利、履行义务应当遵循诚实信用原则。
Article 7 In concluding and performing a contract, the parties shall comply with the laws and administrative regulations, respect social ethics, and shall not disrupt the social and economic order or impair the public interests.第七条【遵纪守法原则】当事人订立、履行合同,应当遵守法律、行政法规,尊重社会公德,不得扰乱社会经济秩序,损害社会公共利益。
Article 8 A lawfully established contract shall be legally binding on the parties thereto, each of whom shall perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract.The contract established according to law is protected by law.第八条【依合同履行义务原则】依法成立的合同,对当事人具有法律约束力。
当事人应当按照约定履行自己的义务,不得擅自变更或者解除合同。
依法成立的合同,受法律保护。
Chapter 2 Conclusion of Contracts 第二章合同的订立Article 9 In entering into a contract, the parties shall have appropriate capacities for civil rights and civil acts.A party may appoint an agent to enter into a contract on its behalf in accordance with the law.第九条【订立合同的能力】当事人订立合同,应当具有相应的民事权利能力和民事行为能力。
当事人依法可以委托代理人订立合同。
Article 10 The parties may use written, oral or other forms in entering into a contract.A contract shall be in written form if the laws or administrative regulations so provide. A contract shall be concluded in written form if the parties so agree.第十条【合同的形式】当事人订立合同,有书面形式、口头形式和其他形式。
法律、行政法规规定采用书面形式的,应当采用书面形式。
当事人约定采用书面形式的,应当采用书面形式。
Article 11 "Written form" refers to a form such as a written contractual agreement, letter, electronic data text(including a telegram, telex, fax, electronic data exchange and e-mail)that can tangibly express the contents contained therein.第十一条【书面形式】书面形式是指合同书、信件和数据电文(包括电报、电传、传真、电子数据交换和电子邮件)等可以有形地表现所载内容的形式。
Article 12 The contents of a contract shall be agreed upon by theparties, and shall generally contain the following clauses:(1) titles or names and domiciles of the parties;(2) subject matter;(3)第十二条quantity;(4) quality;(5) price orremuneration;(6) time limit, place and method of performance;(7) liability for breach of contract; and(8) method to settle disputes.The parties may conclude a contract by reference to a model text of each kind of contract.【合同内容】合同的内容由当事人约定,一般包括以下条款:(一)当事人的名称或者姓名和住所;(二)标的;(三)数量;(四)质量;(五)价款或者报酬;(六)履行期限、地点和方式;(七)违约责任;(八)解决争议的方法。
当事人可以参照各类合同的示范文本订立合同。
Article 13 The parties shall conclude a contract in the form of an offer and an acceptance.第十三条【订立合同方式】当事人订立合同,采取要约、承诺方式。
Article 14 An offer is an expression of an intent to enter into a contract with another person. Such expression of intent shall comply with the following:(1) its contents shall be specific and definite;(2) it indicates that the offeror will be bound by the expression of intent in case of acceptance by the offeree.第十四条【要约】要约是希望和他人订立合同的意思表示,该意思表示应当符合下列规定:(一)内容具体确定;(二)表明经受要约人承诺,要约人即受该意思表示约束。