Contract Law of the People's Republic of China

Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo

(Adopted at the Second Session of the Ninth National People's Congress on March 15, 1999)

      Contents

      General 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 Right and Obligations of Contracts
      Chapter 7 Liability of 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 Contracts for lease
      Chapter 14 Contracts for Financial Lease
      Chapter 15 Contracts for Work
      Chapter 16 Contracts for Construction Projects
      Chapter 17 Contracts for Transportation
      Chapter 18 Contracts for Technology
      Chapter 19 Contracts for Storage
      Chapter 20 Contracts for Warehousing
      Chapter 21 Contracts for Commission
      Chapter 22 Contracts for Brokerage
      Chapter 23 Contracts for Intermediation

      Supplementary Provisions

General Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintaining 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 persons 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 contract shall have equal legal status. No party may impose its will on the other party.

Article 4 The 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 accordance 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 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 the contract.
      The contract established according to law shall be under the protection of law.

Chapter 2 Conclusion of Contracts

Article 9 In concluding a contract, the parties shall have appropriate civil capacity of right and civil capacity of conduct.

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