英文版合同法.docx
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1、编号:时间:2021年x月x日书山有路勤为径,学海无涯苦作舟页码:第40页 共40页1中华人民共和国合同法Contract Law of the Peoples Republic of China(Adopted at the Second Session of the Ninth National Peoples Congress on March 15, 1999 and promulgated by Order No. 15 of the President of the Peoples Republic of China on March 15, 1999)颁布日期:19990315
2、实施日期:19991001 颁布单位:全国人民代表大会 ContentsGeneral ProvisionsChapter I Common ProvisionsChapter II Making of the ContractChapter III Validity of the ContractChapter IV Fulfillment of the ContractChapter V Modification and Transfer of the ContractChapter VI Termination of Rights and Obligations under the Co
3、ntractChapter VII Liability for Breach of ContractChapter VIII Miscellaneous ProvisionsSpecific ProvisionsChapter IX Purchase and Sale ContractsChapter X Contracts for the Supply and Consumption of Electricity, Water, Gas or HeatChapter XI Donation Contracts Chapter XII Loan ContractsChapter XIII Le
4、ase Contracts Chapter XIV Contracts for Financial LeaseChapter XV Work ContractsChapter XVI Construction Project ContractsChapter XVII Carriage ContractsChapter XVIII Technology ContractsChapter XIX Contracts of DepositChapter XX Warehousing ContractsChapter XXI Entrustment Contracts Chapter XXII Br
5、okerage ContractsChapter XXIII Intermediation ContractsSupplementary Provisions General ProvisionsChapter I Common ProvisionsArticle 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
6、 the socialist modernization. Article 2 For the purpose of this Law, a contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal persons or other organizations as subjects with equal status. Agreements on estab
7、lishing such personal relationships as marriage, adoption and guardianship shall be governed by the provisions of other laws. Article 3 The parties to the contract have equal legal status, and neither party may impose its will on the other. Article 4 The parties shall, pursuant to law, have the righ
8、t to enter into a contract on their own free will, and no unit or person may unlawfully interfere. Article 5 The parties shall observe the principle of equity in defining each others rights and obligations. Article 6 The parties shall observe the principle of good faith in exercising their rights an
9、d fulfilling their obligations. Article 7 The parties shall, in making and fulfilling the contract, abide by laws and administrative regulations and respect social ethics, and may not disrupt the socio-economic order nor impair social and public interests. Article 8 A legally executed contract has l
10、egal binding force on the parties. The parties shall fulfill their obligations as contracted, and may not arbitrarily modify or terminate the contract. A legally executed contract is protected by law. Chapter IIMaking of the ContractArticle 9 The parties shall, when making a contract, have correspon
11、ding capacity for civil rights and civil conduct. A party may, in accordance with the law, entrust an agent to make a contract. Article 10 The parties may, when making a contract, use written form, verbal form or any other form. The written form shall be adopted if laws or administrative regulations
12、 so require. The written form shall be adopted if the parties so agree. Article 11 Written form as used herein means any form which renders the information contained in a contract capable of being reproduced in tangible form such as a written agreement, a letter, or electronic text (including telegr
13、am, telex, facsimile, electronic data interchange and e-mail). Article 12 The content of a contract is determined by the parties and generally includes the following clauses:(1) designations or names and addresses of the parties;(2) the targeted matter;(3) quantity;(4) quality;(5) price or remunerat
14、ion;(6) time, place and mode of fulfillment;(7) liability for breach of contract; and(8) dispute settlement. The parties may make contracts with reference to various model contract forms. Article 13 The parties shall, in making a contract, take the form of offer and acceptance. Article 14 An offer i
15、s an intent indication showing the desire to enter into a contract with others, and the intent indication shall conform to the following provisions: (1) the content indicated shall be concrete and definite;(2) the offeror shall, as is indicated, be bound by the intent indication upon its acceptance
16、by an offeree. Article 15 An invitation for offer is an intent indication showing the desire to receive offers from others. Mailed or delivered price catalogs, auction announcements, invitations for bid, capital-raising prospectus and commercial advertisements are such invitations for offer. A comme
17、rcial advertisement shall, if its content conforms to the provisions regarding offers, be deemed an offer. Article 16 An offer becomes effective when it reaches the offeree. If a contract is made in the form of text in electronic data and the receiver has designated a special receiving system to rec
18、eive such data text, the time at which the text in electronic data enters the designated special system shall be the time of arrival; if no special receiving system is designated, the time at which the text in electronic data first enters any of the receivers systems shall be the time of arrival. Ar
19、ticle 17 An offer may be withdrawn. The withdrawal notice of an offer shall reach the offeree before or at the same time as the arrival of the offer at the offeree. Article 18 An offer may be revoked. The revocation notice of an offer shall reach the offeree before the dispatch of an acceptance noti
20、ce by the offeree. Article 19 An offer may not be revoked under any of the following conditions:(1) the offeror has specified a time limit for the acceptance, or has explicitly indicated in any other manner the irrevocability of the offer; (2) there are grounds for the offeree to maintain the irrevo
21、cability of the offer and the offeree has made preparations for the fulfillment of the contract. Article 20 An offer loses its effect under any of the following conditions:(1) a rejection notice of the offer has reached the offeror;(2) the offeror has revoked the offer pursuant to law;(3) when the f
22、ixed time limit for acceptance expires, the offeree undertakes no acceptance; or(4) the offeree makes a substantial change of the content of the offer. Article 21 An acceptance is an assent indication of the offeree to an offer. Article 22 An acceptance shall be made in form of a notice, unless, in
23、light of trade practices or as indicated by the offer, the offeree may indicate the assent by performing an act. Article 23 An acceptance shall reach the offeror within the time limit fixed by the offer. If no time limit is fixed by the offer, the acceptance shall reach the offeror in accordance wit
24、h the following provisions: (1) if an offer is made orally, acceptance shall be made promptly unless the parties stipulate otherwise; and(2) if an offer is not made orally, the acceptance shall reach the offeror within a reasonable period of time. Article 24 If an offer is made through a letter or a
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