《《精编》中华人民共和国合同法》由会员分享，可在线阅读，更多相关《《精编》中华人民共和国合同法（86页珍藏版）》请在金锄头文库上搜索。
1、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 PEOPLES 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 Peoples Congress CONTRACT LAW OF THE PEOPLES REPUBLIC OF CHINACONTRACT LAW OF THE PEOPLES REPUBLIC OF CHINA(Adopted and Promulgated by the Second Session
2、 of the Ninth National Peoples 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 OBLIGA
3、TIONS OF CONTRACTSCHAPTER 7 LIABILITY FOR BREACH OF CONTRACTSCHAPTER 8 MISCELLANEOUS PROVISIONSSPECIFIC PROVISIONSCHAPTER 9 CONTRACTS FOR SALESCHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF ELECTRICITY, WATER, GAS OR HEATINGCHAPTER 11 CONTRACTS FOR DONATIONCHAPTER 12 CONTRACTS FOR LOANSCHAPTER 13 CONTRA
4、CTS 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 CONTRACT
5、S 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 F
6、OR WAREHOUSINGCHAPTER 21 CONTRACTS FOR COMMISSIONCHAPTER 22 CONTRACTS FOR BROKERAGECHAPTER 23 CONTRACTS FOR INTERMEDIATIONGENERAL PRINCIPLESChapter One General Provisions Article 1 PurposeThis Law is formulated in order to protect the lawful rights and interests of contract parties, to safeguard soc
7、ial 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
8、 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
9、will on the other party.Article 4 Right to Enter into Contract Voluntarily A 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 prescribin
10、g 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 r
11、egulations, 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 t
12、he 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 an
13、d 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 administrativ
14、e 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
15、 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) ti
16、me, 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 acceptan
