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1、文件编号：98078 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 Promulgated by the Order NO. 15 of the President of the Peoples Republic of China on March 15, 1999 and effective as of October 1, 1999) 颁布日期：19
2、990315 实施日期：19991001 颁布单位：全国人民代表大会 ContentsGeneral Provisions Chapter 1 General Principles Chapter 2 Conclusion of Contracts Chapter 3 Validity of Contracts Chapter 4 Performance of Contracts Chapter 5 Modification and Assignment of Contracts Chapter 6 Termination of Contractual Rights and Obligatio
3、ns Chapter 7 Liabilities for Breach of Contracts Chapter 8 Other Provisions Specific Provisions Chapter 9 Sales Contracts Chapter 10 Contracts for Supply of Power, Water, Gas or Heat Chapter 11 Gift Contracts Chapter 12 Contracts for Loans of Money Chapter 13 Leasing Contracts Chapter 14 Financial L
4、easing Contracts Chapter 15 Contracts for Works Chapter 16 Contracts for Construction Projects Chapter 17 Transportation Contracts Chapter 18 Technology Contracts Chapter 19 Storage Contracts Chapter 20 Warehousing Contracts Chapter 21 Commission Contracts Chapter 22 Contracts of Commission Agency C
5、hapter 23 Intermediation conrtacts Supplementary Provisions General ProvisionsChapter 1 General PrinciplesArticle 1 This Law is enacted in order to protect the lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialist moder
6、nization. Article 2 A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of such entities. Agreements concerning personal relationshi
7、ps such as marriage, adoption, guardianship, etc. shall be governed by the provisions in other laws. Article 3 Contracting parties shall have equal legal status, and no party may impose its will on the other party. Article 4 The parties have the right to lawfully enter into a contract of their own f
8、ree will in accordance with the law, and no unit or individual may illegally interfere therewith. Article 5 The parties shall adhere to the principle of fairness in deciding their respective rights and obligations. Article 6 The parties shall observe the principle of honesty and good faith in exerci
9、sing their rights and performing their obligations. Article 7 In concluding and performing a contract, the parties shall comply with the laws and administrative regulations, respect social ethics, and shall not disrupt the social and economic order or impair the public interests. Article 8 A lawfull
10、y established contract shall be legally binding on the parties thereto, each of whom shall perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract. The contract established according to law is protected by law. Chapte
11、r 2 Conclusion of ContractsArticle 9 In entering into a contract, the parties shall have appropriate capacities for civil rights and civil acts. A party may appoint an agent to enter into a contract on its behalf in accordance with the law. Article 10 The parties may use written, oral or other forms
12、 in entering into a contract. A contract shall be in written form if the laws or administrative regulations so provide. A contract shall be concluded in written form if the parties so agree. Article 11 Written form refers to a form such as a written contractual agreement, letter, electronic data tex
13、t(including a telegram, telex, fax, electronic data exchange and e-mail)that can tangibly express the contents contained therein. Article 12 The contents of a contract shall be agreed upon by the parties, and shall generally contain the following clauses: (1) titles or names and domiciles of the par
14、ties; (2) subject matter; (3) quantity; (4) quality; (5) price or remuneration; (6) time limit, place and method of performance; (7) liability for breach of contract; and (8) method to settle disputes. The parties may conclude a contract by reference to a model text of each kind of contract. Article
15、 13 The parties shall conclude a contract in the form of an offer and an acceptance. Article 14 An offer is an expression of an intent to enter into a contract with another person. Such expression of intent shall comply with the following: (1) its contents shall be specific and definite; (2) it indicates that the offeror will be bound by the expression of intent in case of acceptance by the offeree.Article 15 An invitation for offer is an expression of an intent to invite other parties to make offers thereto. Mailed price
