《《合同法》司法解释中英文对照.doc》由会员分享，可在线阅读，更多相关《《合同法》司法解释中英文对照.doc（8页珍藏版）》请在金锄头文库上搜索。
1、合同法司法解释中英文对照 Interpretations The Supreme Peoples Court of Certain Issues concerning The Application of The Contract Law of The Peoples Republic of China(Part One) December 29, 1999 Interpretations The Supreme Peoples Court of The Contract Law of The Peoples Republic of China(Part One) FaShi 1999 No.
2、19 The Supreme Peoples Courts Interpretations of Certain Issues Concerning the Application of the Contract Law of the Peoples Republic of China(part One) is adopted at the 1090th Session of the Adjudication Committee of the Supreme Peoples Court on December 1, and is promulgated now, this law will b
3、e effective as of December 29,1999. Pursuant to The Contract Law of the Peoples Republic of China (hereinafter the Contract Law), and with a view to facilitating the proper adjudication of contractual disputes, we hereby promulgate the following interpretations of certain issues concerning the appli
4、cation of the Contract Law by Peoples Courts: I. Scope of Application of the Law Article 1 Where a suit is brought to a Peoples Court in respect of a dispute arising out of a contract formed after the operative date of the Contract Law, the provisions of the Contract Law shall apply; where a suit is
5、 brought to a 法释（1999）19号 （1999年12月1日最高人民法院审判委员会第1090次会议通过）为了正确审理合同纠纷案件，根据中华人民共和国合同法（以下简称合同法）的规定，对人民法院适用合同法的有关问题作出如下解释： 第一条 合同法实施以后成立的合同发生纠纷起诉到人民法院的，适用合同法的规定；合同法实施以前成立的合同发生纠纷起诉到人民法院的，除本解释另有规定的以外，适用当时的法律规定，当时没有法律规定的，可以适用 Peoples Court in respect of a dispute concerning 合同法的有关规定。 a contract formed bef
6、ore the operative date of the Contract Law, except otherwise provided herein, the provisions of the law in effect at the time shall apply, provided that if the law in effect at the time did not provide for such matter, the relevant provision of the Contract Law may apply. Article 2 Where a contract
7、was formed before the operative date of the Contract Law, but the prescribed time limit for performance extends beyond, or mences after, the operative date of the Contract Law, if a dispute arises out of its performance, the relevant provisions of Chapter Four of the Contract Law shall apply. Articl
8、e 3 In determining the validity of a contract formed before the operative date of the Contract 实施以前成立的合同，适用当时的法律合同无Law, if application of the law in effect at the 效而适用合同法合同有效的，那么适用合同法。 time leads to its invalidation, but application of the Contract Law leads to affirmation of its validity, the Peopl
9、es Court shall apply the Contract Law. Article 4 After the Contract Law became operative, a Peoples Court may only invalidate a contract in aordance with laws adopted by the National Peoples Congress or its Standing Committee, or administrative regulations adopted by the State Council, and may not i
10、nvalidate a contract in aordance with any local statutes or administrative rules. Article 5 Where a Peoples Court re-adjudicates 第五条 人民法院对合同法实施以前已经作出a case on which a final judgment has been 终审裁决的案件进行再审，不适用合同法。 rendered, the Contract Law does not apply. II. Time Limit for Action Article 6 In a dispu
11、te arising out of a technology contract, where infringement of the right of a party ourred before the operative date of the Contract Law, if there was a lapse of more than one year between the date on which the party 二、诉讼时效 knew or should have known that its right was 年。 infringed and the operative
12、date of the Contract Law, the Peoples Court will no longer enforce such right; where the lapse was less than one year, the time limit during which the party may bring a suit shall be two years. Article 7 In a dispute arising out of a technology import/export contract, where infringement of the right
13、 of a party ourred before the operative date of the Contract Law, if there was a lapse of more than two years between the date on which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the Peoples Court will no longer enforce such right; wh
14、ere the lapse was less than two years, the time limit during which the party may bring a suit shall be four years. Article 8 The time period of one year set out in Article 55, and the time period of five years set out in Article 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and ar
15、e not subject to the rules governing the suspension, termination or extension of time limit for action. III. Validity of Contracts Article 9 Where as set forth in Paragraph 2 of Article 44 of the Contract Law, the relevant law or administration regulation provides that the effectiveness of a certain
16、 contract is subject to pletion of the relevant approval procedure, or the relevant approval and registration procedures, if before pletion of court debate by the parties in the trial of first instance, the parties still fail to carry out the relevant approval procedure, or approval and registration procedures, as the case may be, the Peoples Court shall rule t
