我国合同法英文版

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The Contract Law of the People's Republic of China (Adopted at the 2nd Plenary Session of the 9th People's Congress on March 15,1999)

《中华人民共和国合同法》(英文版)

(司考吧网站小蔚根据权威版本整理,

特别提供最高人民法院关于适用《中华人民共和国合同法》若干问题的解释(一)英文版

Translated by John Jiang & Henry Liu)

TABLE OF CONTENTS

GENERAL PROVISIONS (2)

CHAPTERI BASIC PRINCIPLES (2)

CHAPTER II CONCLUSION (2)

CHAPTER III VALIDITY (5)

CHAPTER IV PERFORMANCE (7)

CHAPTER V MODIFICATION & TRANSFER (9)

CHAPTER VI TERMINATION (10)

CHAPTER VII LIABILITY FOR BREACH OF CONTRACT (12)

CHAPTER VIII OTHER PROVISIONS (13)

SPECIFIC PROVISIONS (14)

CHAPTER IX CONTRACTS FOR SALES (14)

CHAPTER X CONTRACTS FOR SUPPLY & USE OF WATER, ELECTRICITY, GAS & HEAT (18)

CHAPTER XI CONTRACTS FOR GIFTS (19)

CHAPTER XII CONTRACTS FOR LOAN (20)

CHAPTER XIII CONTRACTS F OR LEASE (21)

CHAPTER XIV CONTRACTS FOR FINANCIAL LEASING (24)

CHAPTER XV CONTRACTS FOR WORK (25)

CHAPTER XVI CONTRACTS FOR CONSTRUCTION PROJECTS (26)

CHAPTER XVII CONTRACTS FOR CARRIAGE (28)

CHAPTER XVIII CONTRACTS FOR TECHNOLOGY (31)

CHAPTER XIX CONTRACTS FOR DEPOSIT (36)

CHAPTER XX CONTRACTS FOR WAREHOUSE (38)

CHAPTER XXI CONTRACTS FOR MANDATE (39)

CHAPTER XXII CONTRACTS FOR COMMISSION (41)

CHAPTER XXIII CONTRACTS FOR BROKERAGE (42)

CHAPTER XXIV SUPPLEMENTARY PROVISIONS (42)

The Application of The Contract Law of the People's Republic of China(Part One) (43)

GENERAL PROVISIONS

CHAPTERI BASIC PRINCIPLES

Article 1

This Law is enacted with a view to protecting the lawful rights and interests of the contractual parties, maintaining social economic order and promoting the socialist construction of modernization.

Article 2

A contract in this law is an agreement by which civil rights and duties relationship is established, modified or terminated between natural persons, legal persons or other associations that are subjects of equal status.

As to agreements concerning personal identity relationship such as marriage, adoption, guardianship etc., provisions in other laws shall apply.

Article 3

The contractual parties are of equal status. Neither party may impose its will on the other party.

Article 4

The contractual parties are free to enter into a contract according to law. No organization or individual may illegally interfere this right.

Article 5

The contractual parties shall ascertain their rights and duties in accordance with the principle of fairness.

Article 6

The contractual parties shall exercise their rights and perform their duties in accordance with the principle of good faith.

Article 7

The parties shall in conclusion and performance of a contract, abide by law and administrative regulations and respect social morality. They shall not disrupt the social economic order or harm the public interest.

Article 8

A contract legally formed is binding upon the parties. Each party shall perform its duties according to the terms of the contract. Neither party may unilaterally modify or discharge the contract.

CHAPTER II CONCLUSION

Article 9

The parties concluding a contract shall have correspondent civil right capacity and civil conduct capacity.

Each party may authorize an agent to conclude a contract.

Article 10

A contract may be concluded in written, oral or other forms.

Where a contract is required to adopt written form by law or administrative regulations, the written form shall apply. Where the parties have agreed that the contract shall be in written form, that form shall apply.

Article 11

The written form refers to written contracts, letters, data message (including telegram, telex, telecopy, electronic data interchange, and electronic mail)etc. whose contents can be manifested in visible form.

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