中华人民共和国合同法Contract-Law-of-the-People's-Republic-of-China

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1、Contract Law of the Peoples Republic of ChinaGENERAL PROVISIONS CHAPTER 1 GENERAL PROVISIONS CHAPTER 2 CONCLUSION OF CONTRACTS CHAPTER 3 EFFECTIVENESS OF CONTRACTS CHAPTER 4 PERFORMANCE OF CONTRACTS CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS CHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATION

2、S OF CONTRACTS CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTS CHAPTER 8 MISCELLANEOUS PROVISIONS SPECIFIC PROVISIONS CHAPTER 9 CONTRACTS FOR SALES CHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF ELECTRICITY, WATER, GAS OR HEATING CHAPTER 11 CONTRACTS FOR DONATION CHAPTER 12 CONTRACTS FOR LOANS CHAPTER 13 CO

3、NTRACTS FOR LEASE CHAPTER 14 CONTRACTS FOR FINANCIAL LEASE CHAPTER 15 CONTRACTS FOR WORK CHAPTER 16 CONTRACTS FOR CONSTRUCTION PROJECTS CHAPTER 17 CONTRACTS FOR TRANSPORTATION SECTION 1 GENERAL RULES SECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATION SECTION 3 CONTRACTS FOR GOODS TRANSPORTATION SECTIO

4、N 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATION CHAPTER 18 CONTRACTS FOR TECHNOLOGY SECTION 1 GENERAL RULES SECTION 2 CONTRACTS FOR TECHNOLOGY DEVELOPMENT SECTION 3 CONTRACTS FOR TECHNOLOGY TRANSFER SECTION 4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICE CHAPTER 19 CONTRACTS FOR STORAGE CHA

5、PTER 20 CONTRACTS FOR WAREHOUSING CHAPTER 21 CONTRACTS FOR COMMISSION CHAPTER 22 CONTRACTS FOR BROKERAGE CHAPTER 23 CONTRACTS FOR INTERMEDIATION SUPPLEMENTARY PROVISIONS Article 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintainin

6、g the social economic order and promoting the progress of the socialist modernization drive. Article 2 A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal per

7、sons or other organizations. Agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. shall apply the provisions of other Laws. Article 3 The parties to a contract shall have equal legal status. No party may impose its will on the other party. Article 4 Th

8、e parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere. Article 5 The parties shall abide by the principle of fairness in defining the rights and obligations of each party. Article 6 The parties must act in a

9、ccordance with the principle of good faith, no matter in exercising rights or in performing obligations. Article 7 In concluding and performing a contract, the parties shall abide by the laws and administrative regulations, observe social ethics. Neither party may disrupt the socio-economic order or

10、 damage the public interests. Article 8 As soon as a contract is established in accordance with the law, it shall be legally binding on the parties. The parties shall perform their respective obligations in accordance with the terms of the contract. Neither party may unilaterally modify or rescind t

11、he contract. The contract established according to law shall be under the protection of law. CHAPTER 2 CONCLUSION OF CONTRACTSArticle 9 In concluding a contract, the parties shall have appropriate civil capacity of right and civil capacity of conduct. The parties may conclude a contract through an a

12、gent in accordance with the law. Article 10 The parties may conclude a contract in written, oral or other forms. Where the laws or administrative regulations require a contract to be concluded in written form, the contract shall be in written form. If the parties agree to do so, the contract shall b

13、e concluded in written form. Article 11 The written forms mean the forms which can show the described contents visibly, such as a written contractual agreement, letters, and data-telex (including telegram, telex, fax, EDI and e-mails). Article 12 The contents of a contract shall be agreed upon by th

14、e parties, and shall contain the following clauses in general: (1) title or name and domicile of the parties; (2) contract object; (3) quantity; (4) quality; (5) price or remuneration; (6) time limit, place and method of performance; (7) liability for breach of contract; and (8) methods to settle di

15、sputes. The parties may conclude a contract by reference to the model text of each kind of contract. Article 13 The parties shall conclude a contract in the form of an offer and acceptance. Article 14 An offer is a proposal hoping to enter into a contract with other parties. The proposal shall compl

16、y with the following stipulations: (1) Its contents shall be detailed and definite; (2) It indicates the proposal of the offer or to be bound in case of acceptance. Article 15 An invitation for offer is a proposal for requesting other parties to make offers to the principal. Price forms mailed, public notices of auction and tender, prospectu

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