合同的订立生效和履行

1. 合同的订立、生效和履行

——法规条文

1. 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。

A lawfully formed contract shall be legally binding on the parties. The parties shall perform their respective obligations as agreed, and no party may unilaterally modify or rescind the contract.

依法成立的合同，受法律保护。

A lawfully formed contract shall be protected by law.

2. 当事人订立合同，有书面形式、口头形式和其他形式。

The parties may conclude a contract in writing , orally or in another form.

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。

Where the laws or administrative regulations require a contract to be concluded in writing, the contract shall be in writing. If the parties agree that their contract shall be in writing, it shall then be in writing.

3. 依法成立的合同，自成立时生效．

A lawfully formed contract shall be effective upon its formation.

法律、行政法规规定应当办理批准、登记等手续生效的，依照其规定。

Where the procedures of approval and registration are required for a contract to become effective under certain provisions of laws and administrative regulations , such provisions shall govern.

4. 当事人应当按照约定全面履行自己的义务。

The parties shall fully perform their obligations as agreed.

当事人应当遵循诚实信用原则，根据合同的性质、目的和交易习惯履行通知、协

助、保密等义务。

The parties shall perform such obligation as giving notice, providing assistance and maintaining confidentiality on the principle of good faith and in accordance with the nature, purpose of the contract and trade practice.

5. 合同生效后，当事人就质量、价款或者报酬、履行地点等内容没有约定或约定不明的，可以协议补充；不能达成补充协议的，按照合同有关条款或者交易习惯确定。

After a contract take effect, the parties may reach supplementary agreement on particulars such as quality , price or remuneration and place of performance which are not provided for or are not definitely stipulated in the contract. If no supplementary agreement can be reached, such matters shall be determined in accordance with the relevant clauses of the contract or trade practice.

6. 合同生效后，当事人不得因姓名、名称的变更或者法定代表人、负责人、承办人的变更而不履行合同义务。

After a contract become effective , no party may refuse to perform its obligations under the contract by reason of a change in its name or a change in its legal representative , responsible officer or handling person.