Thursday, March 28, 2019

Contract Law of the People’s Republic of China

Theyihu:


The '''Contract Law of the People's Republic of China''' is a law in the [[People's Republic of China|PRC]] that came into force on October 1, 1999. It is the main source of contract law in the PRC. The most recent version combines many parts of Chinese contract law that were previously parts of other substantive laws, and has led to increased legal uniformity. The law includes both general and specific provisions and also has the legal rules that relate to the formation, fulfilment and breach of contracts. The law allows for various different types of contracts that can be entered into. <ref name=":1"></ref>

"The principles of the freedom of contract, of good faith, and of the fostering of transactions have informed and guided the formulation of the Contract Law and are embodied in many of its major provisions."<ref>Hsu, C. Stephen. "Contract Law of the People's Republic of China." ''Minn. J. Int'l L.'' 16 (2007): 115.</ref>

The main purpose of the law is stated in Article 1, "This Law is enacted for the purpose of protecting the legitimate rights and interests of the parties to contracts, maintaining the socio-economic order and promoting the socialist modernization." <ref name=":0">Liquid error: wrong number of arguments (1 for 2)</ref>

Article 2 has the definition for an contract, "For the purpose of this Law, a contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal persons or other organizations as subjects with equal status. Agreements on establishing such personal relationships as marriage, adoption and guardianship shall be governed by the provisions of other laws." <ref name=":0" />

The '''Contract Law''' contains 23 chapters and 428 articles.The chapters deal with the following topics:

Chapter I - Common Provisions

Chapter II - Making of the Contract

Chapter III - Validity of the Contract

Chapter IV - Fulfillment of the Contract

Chapter V - Modification and Transfer of the Contract

Chapter VI - Termination of Rights and Obligations under the Contract

Chapter VII - Liability for Breach of Contract

Chapter VIII - Miscellaneous Provisions Specific Provisions

Chapter IX - Purchase and Sale Contracts

Chapter X - Contracts for the Supply and Consumption of Electricity, Water, Gas or Heat

Chapter XI - Donation Contracts

Chapter XII - Loan Contracts

Chapter XIII - Lease Contracts

Chapter XIV - Contracts for Financial Lease

Chapter XV - Work Contracts

Chapter XVI - Construction Project Contracts

Chapter XVII - Carriage Contracts

Chapter XVIII - Technology Contracts

Chapter XIX - Contracts of Deposit

Chapter XX - Warehousing Contracts

Chapter XXI - Entrustment Contracts

Chapter XXII - Brokerage Contracts

Chapter XXIII -Intermediation Contracts


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