Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
The parties may conclude a contract through an agent 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 be 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 the 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 disputes.
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 comply with the following stipulations:
(1) Its contents shall be detailed and definite;
(2) It indicates the proposal of the offeror 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, prospectuses and commercial advertisements, etc. Are invitations for offer.
Where the contents of a commercial advertisement comply with the terms of the offer, it may be regarded as an offer.
Article 16 An offer becomes effective when it reaches the offeree.
If a contract is concluded by means of data-telex, and recipient appoints a specific system to receive the data-telex, the time when the data-telex enters the system shall be the time of arrival; if no specific system is appointed, the time when the data-telex first enters any of the recipient's systems shall be regarded as the time of arrival.
Article 17 An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives.
Article 18 An offer may be revoked, if the revocation reaches the offeree before it has dispatched an acceptance.
Article 19 An offer may not be revoked, if
(1) the offeror indicates a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; or
(2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contract.
Article 20 An offer shall be null and void under any of the following circumstances:
(1) The notice of rejection reaches the offeror;
(2) The offeror revokes its offer in accordance with the law;
(3) The offeree fails to make an acceptance at the time when the time limit for acceptance expires;
(4) The offeree substantially alters the contents of the offer.
Article 21 An acceptance is a statement made by the offeree indicating assent to an offer.
Article 22 Except that it is based on transaction practices or that the offer indicates an acceptance may be made by performing an act, the acceptance shall be made by means of notice.
Article 23 An acceptance shall reach the offeror within the time limit fixed in the offer.
Where no time is fixed in the offer, the acceptance shall arrive in accordance with the following provisions:
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