|
|
|
|
|
|
|
Your forum announcement here!
|
|
Internet Marketing Forums This is a list of Internet Marketing Forums that have a FREE Advertising Section that you can post your ads in. |
09-16-2011, 04:56 AM
|
#1
|
|
the most important thing is never mind
Life , doudoune moncler pas cher, nine out of ten unhappy things , polo ralph lauren pas cher, sometimes we can pray for writing? !
this very busy time , but sometimes it will feel very sad. Busy but still happy , this sentence is not complete for me. A lot of time, moncler, often want their exile , air jordan, into a open space , feel emotions live .
in the misty rain misty , the reunion is what I imagined for a long time . But when that day put the time in front of me , but that one second we really stand in front of each other when the heart suddenly flawless up . Do not know , or aspire to all of this really is a dream . In some cases, feel , dream more logical than the reality . Had had hope , but now they suddenly want to escape . Ye Hao, beautiful , and always remember . In the reunion , the most important thing is never mind , jordan chaussure, too , and would not come again. Even if the smile is still brilliant , but did not seize , and has become a mark , the heart of a mark only.
flower to open , the birds will come back , air jordan basket, but time is then hurried over. No sensation was great tide , of course, people did not warm the heart like bridges , nike air jordan, is so over. Left is memories , and perhaps there will be scars , no one knows how deep on the original , moncler pas cher, how bloody . Hurt Well, fine. To yourself , is the most important.
everything will be in the past , the years of baptism , we are in a strong will to meet the future . Perhaps then the reunion , we are old . Smile , you rub shoulders over.
like an old friend of many years , as has the most familiar faces , and the most authentic state of mind .
相关的主题文章:
There medical treatment is difficult
to the moment you leave me
gradually getting hi worry.
Two men have died in a helicopter crash near Rockhampton in central Queensland of Australia, local media reported on Thursday.
Three people were aboard when the helicopter, from a North Queensland charter company, crashed in dense bushland at Shoalwater Bay, near Rockhampton, at about noon (local time) on Thursday, the Australian Associated Press (AAP) said.
A man who survived the crash has been taken to Rockhampton Base Hospital by a rescue helicopter.
Two other men on board at the time were found dead at the scene, according to AAP.
Due to the isolated location and dense bushland, a recovery team would be deployed to the crash site on Friday, police said.
Rescue helicopter pilot Brad Nagy told the Australian Broadcasting Corporation (ABC) Radio it was "extremely vegetated and wooded" terrain.
"From the pinnacle where I dropped them off on the winch down to the crash site which is only about 150 meters away, it took them at least 15 to 20 minutes to get there," Nagy said.
"It's that heavily vegetated."
|
|
|
09-16-2011, 05:20 AM
|
#2
|
Commander In Chief
Join Date: Sep 2010
Posts: 614
|
PRC Labor Contract Law Implementation Regulations
parties to the contract in order to protect the legitimate rights and interests, maintain social and economic order and promoting the development of socialist modernization. By China National People's Congress of the Ninth second meeting March 15, 1999 adopted in October 1, 1999 shall come into force. A total of twenty-first chapter four hundred twenty-eight.
directory
contract to contract the meaning of the principle features of contract law classification of the contract terms of the contract signed the contract to change the contract or release the first chapter the general provisions of the law of contracts entered into the first chapter validity of the contract Chapter IV Chapter V the performance of the contract to change the contract and transfer of rights and obligations of Chapter VI of the contract termination liability for breach of Chapter VII of the other provisions of Chapter VIII Chapter IX Chapter X sales contracts for electricity, water, gas or Heating Chapter XI Supplementary Provisions related books grant contract. PRC Contract Law, Introduction of the media recommended list of the principles of contract at the March 15, 1999 the Ninth National People's Congress through the enactment of the second meeting of the Republic of contract law. In China, contract law is to adjust the trading relationship between equal entities and laws, it is the main provisions of contracts, validity of the contract and the performance of the contract, change, lift, security, breach of contract and other issues. The principle of a contract, the legal equality of parties to the contract, neither party may impose its will on the other. 2, the parties shall enjoy the right to voluntarily enter into a contract, and no unit or individual may illegally interfere with 3, the parties shall follow the principle of fairness in defining the rights and obligations. 4, the parties to exercise their rights and obligations should follow the principles of honesty and trustworthiness. 5, the parties entered into the contract, should follow the laws and administrative regulations, respect social ethics and shall not interfere with social and economic order or harm the public interest. The meaning of the contract contract two or more parties (natural or legal persons) on the establishment, change, destroy civil legal relationship. Debt of such contracts is to produce one of the most common and important basis, it is also known as debt contracts. Sometimes refers to a certain place the contract rights and obligations of the agreement. Also known as the contract. Such as sales contracts, apprenticeship contracts, labor contracts and the factories and workshops and other contracts entered into. ① legal characteristics of the contract the two sides of the legal contract. That requires two or more parties to each other means that (meaning that civil law is to be able to place the meaning of the performance of the external effects of the behavior.) ② meaning that the parties must reach an agreement, which means that to be consistent. ③ contracts are in place, change or terminate the civil legal relations purposes. ④ contract specifications parties in conformity with the law under which the agreement, it shall be lawful. Contract has been set up legally effective, in place between the parties rights and obligations; or to the original relationship between the civil law is changed or eliminated. One or both parties to fulfill their obligations according to the contract, we must bear in accordance with the contract or legal liability for breach. Classification of the contract according to different classification criteria can be divided into: planning and general contract where the contract in accordance with national economic planning directly entered into the contract, known as the plan contract. Such as enterprise legal person under the state plan signed purchase and sales contracts, construction contracts and so on. Also known as non-ordinary contract plan contract, not to set up national plans for the premise of the contract. Contract between citizens is a typical non-plan contract. Since China's economic reform plan contract rapidly. In the socialist market economy, the Plan Agreement has been controlled in a very small range. Bilateral Contract with unilateral contract bilateral contract between two parties that the burden of obligations and rights obligations of the parties are interrelated, reciprocal causation contract. Such as sales contracts, contract contracts. Unilateral contract that the burden of obligations by only one party, while the other party is only entitled to the rights of contract. Such as gifts, interest-free loans, free care and other contracts for the typical unilateral contract. Paid and unpaid contract contract contract contract paid by either party the right to obtain a price to be paid to the other side of the contract. Free contract is not a party the right to pay only the cost of obtaining the contract, the contract is also known as grace. The former, such as trading, contracts of reciprocity, the latter as a gift, the use of contracts. Consensual contract to contract and practice means that both parties agreed contract shall be established, for the promise into the contract. In addition to mean that the same parties, businesses still paid in kind, before they can set up the contract, the contract for the practice, also known to be material contracts. Have to type to type contract and the contract shall be in accordance with any particular form of contract before the establishment of a valid, in order to type the contract; the contrary, the have to type contract. In addition to civil contract for the sale of houses made in writing, but yet to register the transfer of national authorities. The main contract and not follow him from the contract kind of contract where the premise of the independent existence of a contract is established as the main contract. All kinds of contract must be in his presence as a precondition before they can set up a contract, called from the contract. For example, the main contract, contract claims, to ensure that the performance of the contract guarantee of the debt contract from the contract. From contracts to the main premise of the existence of the contract, so the main contract destroyed, in principle, also come from the elimination of the contract. On the contrary, from the elimination of the contract does not affect the validity of the main contract. The agreement about the future with the appointment of the agreement entered into certain contractual appointment. Subsequently the performance of a contract-based appointments and about, which is the contract. Where there reservations, that bears the obligation to enter into this contract, breach of an appointment when they suffer losses leaving the other party also should bear civil liability. Other contracts are often parties to the contract by himself or his agents to obtain certain rights to conclude contracts. However, in some cases, the conclusion of contracts for third party access rights or interests, in order to give an independent third party claim against the debtor, it is known as the interests of the conclusion of the third contract. Law or contract to pay the insurance amount to the beneficiary of life insurance contracts are typically entered into for the contract to a third party interests, because after the death of the insured, the beneficiary is a third person. In addition, the contract can be divided into the total contract and sub-contracts; to a contract and not to let contracts; well-known contract with the unnamed contracts. Terms of the contract can be divided into basic terms and general terms, also known as the necessary provisions and general terms. Necessary to reach an agreement on the terms of the parties, the contract shall be established; the contrary, the contract can not be established. Terms of the contract is necessary to determine the basis of a 3: ① According to the law. All the necessary legal provisions of the contract expressly provides that in accordance with the law. ② According to the nature of the contract. The necessary legal provisions of the contract does not expressly provide, and can determine the nature of the contract. For example, the subject matter of contract for the sale, the price is the contract for the sale of the necessary provisions. ③ According to the wishes of the parties to determine. In addition to the law and the nature of the contract, according to the terms necessary to determine the outside must be provided by either party to the terms and necessary provisions. For example, the subject matter of the party have special packaging requirements must be terms of the agreement is necessary terms. In addition to the necessary terms of the contract terms, there are other terms, the general terms and conditions. General Terms are to be provided in the contract will not affect the establishment of the contract. Specific terms of the contract was full and clear, is useful in both the contract rights, obligations and performance of the contract. After the signing of the contract offer and acceptance generally of two steps. About the direction of the parties to a contract proposed by the other party's requirements or recommendations. Party making the offer, said the offeror. In the offer, the offer, unless that desire to want to sign a contract, it must also clearly sufficient to determine the content of the basic terms of the contract. Offer may be made to specific persons, but also to non-specific persons. Who can offer commitment to the provisions of the offer period, the offer expiration date. The effective period of the offer, the offeror bound by its offer, that is to accept the offer with the obligation to conclude a contract; offer to sell specific things people are not allowed to make the same third party made the same offer or contract. Offer does not require commitment period, usually a reasonable time can be determined. Commitment period or for more than an offer has been withdrawn, the offeror is not bound by. Commitment is a party to the other party's offer in full agreement. Agreed to offer to take delivery of the offer, said the party, or the offeree. The offeree of the offer that promise, the contract shall set up, the offeree must take to fulfill the contract obligations. The expansion of the contents of the offer, promise to limit or change may generally be regarded as an offer but refused to offer the new, the other promises a new offer, the contract is established. Form of the contract that the contract between the parties on the establishment of the meaning of the contract that way. China's contract in the form of an oral contract, a written and notarized contract, forensics, or a written examination and approval of contracts. Verbal contract is verbal (including telephone, etc.) means that the contract established way. But there is a dispute, it is difficult to distinguish between evidence and responsibility. For a number of countries or a certain amount of responsibility over the contract, limit the use of an oral form. A written contract that is the meaning of the text representation (including letters, telegrams, Qiquan, etc.) entered into a contract, or to book an oral agreement made deeds, notes, etc. Conducive to distinguish right from wrong in writing the responsibility to urge the parties to the contract. Chinese law requires the contract between the corporation except those who are settled immediately, shall be in writing and signed. Other countries have applied the provisions of a written contract. Notarized, forensic examination and approval of the contract or the contract ① the state notary public notarized application of the parties under the contract, the authenticity and legality of the contract by the evidence. Notarized contract, with strong evidence of effectiveness, as the court or enforcement basis. The agreement shall be notarized by law or by contract, the contract is invalid without a notary. ② contract verification is the administrative department for industry and commerce authorities and the national economy, the application should be parties to the contract, in accordance with legal procedures, the contract between the parties conducted authentication. Authentication authority that is necessary to modify the contents of the contract, the right to require the parties to be corrected. Authorities also monitor contract performance appraisal rights, it has administrative supervision of the characteristics of forensic examination. In addition to China's current contract forensic department or local laws and regulations other than those expressly provided, usually by the parties voluntarily decide whether to forensic examination. ③ examination and approval of the contract, means the competent authority in accordance with national law or the provisions of certain contracts or contracts over a certain amount must be approved by the competent authority or higher authority for examination and approval, the type of contract is not vetted and approved by the unit can not enter into force. For example, the foreign trade contract approval procedures shall be in accordance with law. Contract modification or rescission of the contract has been established that the contents of some modified, supplemented or canceled. Party to the contract for any reason to modify, add or cancel certain provisions of the contract relationship, must obtain consent of the other. Which the new agreement reached between the parties, change or dissolve their old agreement. Changes, the new agreement to terminate the contract, based upon the original contract in the form of processing. Clearly defined in law or in the case of the contract, if a party fails to perform or improper performance of contractual obligations, the other party the right to terminate the contract. Therefore, the exercise of right to terminate the contract by one party and eliminated. , allow one party notify the other party to change or terminate the contract. Chapter I General Provisions law first in order to protect the legitimate rights and interests of parties to the contract, and maintain social and economic order and promoting the socialist modernization drive with law. Purposes of this Law with equal natural persons, legal persons or other organizations to establish, change or terminate civil rights and obligations of the agreement. Marriage, adoption, guardianship and other relevant status of the agreement, the provisions of other laws. Third parties to a contract have equal legal status, one can not impose its will on the other. Article party is entitled to the right of voluntary contract, any unit or individual may illegally interfere. Article parties shall follow the principle of fairness in defining the rights and obligations. Article parties to exercise their rights and obligations should follow the principle of good faith. Article VII of the parties entered into the contract, shall abide by laws and administrative regulations, observe social ethics, or disturb the social economic order or harm the public interest. Article VIII established by law a contract is legally binding on the parties. The parties shall perform their duties in accordance with the contract are not allowed to change or terminate the contract. The contract established according to the law, protected by law. Article IX Chapter entered into a contract the parties entered into a contract, have the appropriate civil rights and civil acts. A party may appoint an agent contract. Article parties entered into a contract in written, oral and other forms. Laws and administrative regulations in written form, shall be in written form. Agreed by the parties in writing, shall be in written form. Article XI refers to the contract in writing, correspondence and data message (including telegram, telex, fax, electronic data interchange and e-mail) can tangibly show the contents contained therein. Article XII of the contents of the contract agreed upon by the parties, generally include the following: (a) the name of the party or name and domicile; (b) subject matter; (c) quantity; (d) quality; (e) price or remuneration; (f ) time, place and manner; (vii) breach of contract; (h) dispute resolution methods. The parties may refer to various types of model contract to contract. Article XIII A contract is concluded an offer and acceptance. Article XIV and others offer the hope that the meaning of a contract that which shall meet the following requirements: (a) specific and definite; (b) show that the commitment to withstand the offeror, the offeror is bound by that intention. Article XV is to offer to invite other parties to make offers to the. Send the price list, notices of auction and tender, prospectuses, advertising and other invitations for offer. Commercial advertising content consistent with the offer shall be regarded as an offer. Article XVI offer becomes effective when it reaches the offeree. Contract is concluded by a data message, the recipient specific system receive the data, the data message enters the system time, as the arrival time; not specify a particular system, the data message enters into any system the first time, as the arrival time. Article XVII offer may be withdrawn. Withdrawal notice shall offer reaches the offeree before or at the same time the offer reaches the offeree. Eighteenth An offer may be revoked. The revocation notice shall be given a notice of the offeree before it reaches the offeree. Article XIX of the following circumstances, the offer may not be revoked: (a) the offeror a fixed time or otherwise expressly irrevocable; (b) the offeree has reason to believe that the offer is irrevocable and has to preparations were made to fulfill the contract. Diershitiao one of the following circumstances, lapse: (a) to refuse the offer of the notice reaches the offeror; (b) the offeror revokes the offer in accordance with the law; (c) end of the period, the offeree has not made commitments; (d) the offeree of the offer makes substantial changes to the content. Twenty-one commitment is subject to the consent of the offer means the offer said. Acceptance shall be made by means of notice, but according to customary business practice or offer that can be made by an act otherwise. Twenty-three commitments identified in the offer shall reach the offeror within the time limit. Where no time limit, the acceptance shall reach the following provisions: (a) If the offer is made in the dialogue, shall be made immediately, unless otherwise agreed by the parties; (b) the offer is made of non-dialogue, the acceptance shall arrive within a reasonable time. Twenty-four offer made by letter or telegram, the period from the date shown in the letter or telegram is handed in calculating the date issued. Letter does not specify the date, the posting of postmark date. An offer by phone, fax and other means of instantaneous communication made, the period from when the offer reaches the offeree commences. Twenty-five contract is established when the acceptance becomes effective. Twenty-six its notice reaches the offeree to take effect. Commitment need not be notified, according to the requirements of usage or the offer becomes effective when the behavior of the commitment. Contract is concluded by a data message, the time of arrival of the second paragraph of this Law shall apply the provisions of Article XVI. Twenty-seventh An acceptance may be withdrawn. Commitment to withdraw its notice reaches the notice shall offer to its notice before or at the same time reach the offeror. Twenty-eighth shall be fairly committed to offer people more than the commitments given period, in addition to promptly notify the offeror by the offeree than the promise of effective, a new offer. Twenty-ninth shall be fairly offeror within the period for acceptance, under normal circumstances the timely arrival of the offeror, but for other reasons than when the acceptance reaches the offeror commitment period, in addition to promptly notify the offeror by the offeree is not due to commitments within the time limit other than to accept the commitment, that commitment effective. The contents of the third ten should be consistent with the offer. The offeree of the offer which materially changed, a new offer. The subject of the contract, quantity, quality, price or remuneration, time limit, place and method of discharge, breach of contract and the settlement of disputes and other changes, is the substantive content of the offer changes.第三十一条 commitment to offer to make non-substantive changes to the content, in addition to timely object to the offeror or the offer that may not offer the contents of the commitment to make any changes other than the commitment to the effective, the contents of the contract subject to the contents of a commitment . Thirty-Where the parties entered into a contract in written form of the contract, since the parties when the contract is signed or sealed. A concerned party by mail, messages and other forms of data entered into the contract, the contract can be signed before the establishment of required confirmation. When the contract is signed confirmation. The acceptance becomes effective thirty-fourth place where the contract is established. Contract is concluded by a data message, the recipient's principal place of business, place of formation of the contract; no main place of business, its habitual residence shall be the place of establishment. The parties agree otherwise, in accordance with the agreement. Thirty-fifth Where the parties entered into a contract in written form contract, both parties sign or seal the location where the contract is established. Thirty-sixth law, administrative regulations or agreed by the parties enter into a written contract, the parties are not in written form but one party has performed the principal obligation and the other accepted, the contract is formed. Thirty-seventh, be used in the form of contract to contract before signing or sealing, if one party has performed its principal obligation and the other accepted, the contract is formed. The state needed the thirty-eighth issued a mandatory plan or a state purchase order, the legal persons and other organizations shall, in accordance with relevant laws and administrative regulations of the rights and obligations of a contract. Thirty-ninth standard terms contract, the party supplying the standard terms should follow the principle of fairness in rights and obligations between the parties and take other reasonable way to draw attention to waive or limit its liability provisions, in accordance with the requirements of the other party, be described in this clause. Terms of format and repeated use by the parties are prepared in advance and did not enter into the contract terms negotiated with the other party. The fourth ten standard terms of this Act twelve and fifty cases of Articles, or the party supplying relieved from its responsibility, adding other responsibilities, excluding the rights of the other party, the clause is invalid. Understanding of the standard terms 第四十一条 dispute, it shall be interpreted in accordance with common understanding. Terms of format, there are two or more interpretations, it shall be conducive to the party supplying the explanation. Standard terms and non-standard terms are inconsistent, it should be non-standard terms. Forty The parties in concluding a contract in one of the following circumstances, cause losses to the other party shall be liable for damages: (a) enter into a contract under the guise of negotiating in bad faith; (b) deliberately concealing important conclusion of the contract facts or provide false information; (c) any other act contrary to the principle of good faith. Forty The parties in concluding a contract in the commercial secrets, whether the contract is established, shall not be disclosed or improperly used. Disclosure or improper use of the trade secret and other losses, it shall be liable for damages. Chapter Forty-fourth the effectiveness of the contract established lawfully contract effective upon its formation. Laws and administrative regulations shall apply for approval, registration and other procedures in force, in accordance with its provisions. Forty-fifth The parties may agree on the validity of the contract with conditions. With entry into force of the contract, effective when conditions are accomplished. Contract with dissolving conditions, since the conditions of achievement failure. The interests of the parties for their own achievements improperly prevent the condition, as conditions have been satisfied; improperly led conditions of success, as conditions are not achieved. Forty-sixth The parties may agree on the validity of the contract time limit. Effective time period of the contract come into force when the period expires. Contract with termination time period, since the expiration of the time lapse. Forty-seventh Restriction capacity of civil contract entered into by the legal representatives, after ratification, the contract valid, but a pure profit of the contract or his age, intelligence, mental health conditions and a contract, not by the statutory agent were ratified. The counterpart may urge the statutory agent to ratify the contract within a month. Legal agent fails, he is deemed a refusal of ratification. Before the contract is ratified, good faith is the right to withdraw. The withdrawal shall be made by means of notice.第四 eighteen actor has no power of agency, beyond the power of agency or agency on behalf of the principal after termination of a contract, an agent without the ratification of the principal effect does not occur, the perpetrator accountable. The counterpart may urge the principal to ratify the contract within a month. Where the principal fails, he is deemed a refusal of ratification. Before the contract is ratified, good faith is the right to withdraw. The withdrawal shall be made by means of notice.第四 nineteen actor has no power of agency, beyond the power of agency or agency on behalf of the principal after termination of the contract, the relative who has reason to believe the actor has the power of attorney, the agent acts valid. Fifth ten legal persons or other organizations, the legal representative, person in charge of a contract beyond the authority, in addition to the relative who knows or should know of the outside of its ultra vires, the representative act shall be effective.第五十一条 no right to dispose of the property of another person, the rights of people who ratified or having no right to obtain right of disposition after the conclusion of the contract, the contract valid. Fifty-one of the following circumstances, the contract avoided: (a) a party to fraud or coercion to contract, and harming national interests; (b) malicious collusion are detrimental to the state, collective or a third party; (c) a legitimate form of cover up illegal purposes; (d) damaging the public interest; (e) violation of laws and administrative regulations mandatory.第 fifty-three the following disclaimer in the contract null and void: (a) personal injury caused by the other party; (b) willful or gross negligence by the other property losses.第 fifty-four the following contracts, the parties shall have the right to request the people's court or an arbitration institution to modify or revoke: (a) made by a major misunderstanding; (b) the contract was obviously unfair. Party to fraud, coercion, or exploitation of the other party in case of violation of the true meaning of a contract, the aggrieved party the right to request the people's court or an arbitration institution to modify or revoke. Party requests for modification, the people's court or the arbitration institution may not be revoked. Fifty-fifth of one of the following circumstances to revoke the right to eliminate: (a) has the right to revoke the party knew or should have known the cause for cancellation is not exercised within one year from the date of cancellation rights; (b) has the right to revoke the revocation of the concerned parties After the subject made it clear that his behavior or to waive the right.第五 sixteen or revoked the contract null and void ab initio is not legally binding contract. Part of a contract is invalid, does not affect the validity of the other parts remain valid. Fifty-seventh Contractual invalid, revoked or terminated, the contract does not affect the independent existence of the dispute settlement provisions in effect. Fifty-eighth Contractual invalid or has been rescinded, the property acquired by the contract, shall be returned; can not be returned or the return is unnecessary and should discount compensation. The party at fault shall compensate the other party for losses suffered by the two sides are at fault, shall bear their respective responsibilities. The parties malicious collusion fifty-ninth, and harming national, collective or a third party, so get the property turned over by the state or returned to the collective or the third person. Chapter IV performance of the contract parties shall fully perform its own in accordance with contract obligations. The parties shall follow the principle of good faith, the nature of the contract, to fulfill the purpose of notification and the transaction practice, assistance, confidentiality and other obligations.第六十一条 after the commencement of the contract, the parties on the quality, price or remuneration, place of performance and so there is no agreement or the agreement is not clear, may agree to add; can not reach a supplementary agreement, in accordance with the relevant provisions of the contract or transaction practices identified. The parties to the sixty-second content of the contract agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, the following provisions apply: (a) the quality requirements are not clear, according to national standards, industry standard; no country standards, industry standards, generally held standards or specific standards in conformity with the contract to fulfill the purpose. (B) price or remuneration is not clear, when concluding the contract is performed in accordance with the market price performance; the government pricing should be implemented according to the law or government guidance, and accordance with the performance. (C) the place of performance is not clear, payment of money in one location to accept money to perform; delivery of real estate, real property located in the discharge; other subject matter, where one party to fulfill their obligations. (D) performance is not clear, the debtor may perform, the creditor may require performance at any time, but should be given to the preparation time. (E) the method of execution is not clear, in accordance with the purpose of the contract are the way conducive to performance. (Vi) to fulfill the burden of costs is unclear, the obligor shall burden. Sixty-third in execution of the government or government guidance price, the delivery period in the contract price adjustment within the Government, in accordance with the delivery price at the time. Late delivery of the subject matter, if the price rises, and the original price; prices fall, the new price. Delays in taking delivery or payment, if the price rises, the new price; price has dropped, and the original price. The parties agreed upon the sixty-fourth to third by the debtor defaults, the debtor does not perform the obligation or to a third party does not comply with the contract performance of its obligations, it shall bear the liability to the creditors. Sixty-fifth Where the parties agree that a third performance of its obligations to creditors, the third party fails to perform obligations or the performance does not meet the agreement, the debtor shall bear the liability to the creditor. Sixty-sixth Where the parties owe each other, there is no order of performance, should also perform. Before performance by the other party the right to reject its request. Performance by the other party does not meet contract obligations, the right to refuse to fulfill its corresponding requirements. Sixty-seventh Where the parties owe each other, there has to fulfill the order, the first performance of a party does not comply, the post-performance party has the right to reject its request. Party required to perform before the debt does not meet the agreement, one party the right to refuse to perform after the corresponding performance requirements. Sixty-eighth that shall party to perform first, there is conclusive evidence that the other party, one of the following circumstances may suspend its performance: (a) a serious deterioration in business conditions; (b) the transfer of property, withdrawal of funds, to evade the debt; (c ) loss of business reputation; (d) lost or may lose the capacity of the other cases. There is no conclusive evidence to suspend the performance of the parties, it shall be liable for breach. The parties in accordance with the sixty-ninth the sixty-eighth Article of this Law suspends its performance, shall promptly notify the other party. The other party to provide appropriate security, it shall resume performance. After performance was suspended, the other party within a reasonable time and not regain its ability to provide an appropriate guarantee, the suspending party may terminate the contract. Article ten creditors separation, merger or change of domicile, resulting in difficulties to perform its obligations, the debtor may suspend its performance or escrow the subject matter. Obligee may reject the debtor to discharge debts in advance, but the performance does not harm the interests of creditors ahead of schedule, except. Debtors to creditors in advance of its increased costs of debt by the obligor. Seventy-second part of the creditors the debtor may refuse to perform the debt, but some performance does not harm the interests of creditors other than. Creditors of the debtor part of the performance of its obligations increased costs borne by the obligor.第七 thirteen because of the obligor is indolent in exercising its due creditor, cause damage to creditors, the creditors may request the people's court with their subrogation claims of the debtor, but the claim exclusively obligor. The scope of the exercise of subrogation to the claims of creditors is limited. The exercise of subrogation rights of creditors necessary expenses borne by the obligor.第七 fourteen due by the debtor to give up its claims, or transfers of property, damage to the creditor, the creditor may request the people's court to revoke the debtor's behavior. Obviously unreasonable low price the debtor to transfer property, damage to the creditors and the assignee is aware of the situation, creditors may request the people's court to revoke the debtor's behavior. Exercise of the right to withdraw the scope of the claims of creditors is limited. Creditor the right to revoke the exercise of necessary expenses, by the obligor. Revocation of authority from the seventy-fifth the creditor knows or should know the cause for cancellation within one year from the date of exercise. Since the behavior of the debtor within five years from the date of occurrence does not exercise the right to revoke, the revocation of the right to destroy. Seventy-sixth after the commencement of contracts, the parties shall not name, name change or the legal representative, responsible person, rather than changes in contractors to fulfill the contract obligations. Chapter V contract changes and transfer of 第七十七条 party consensus, can change the contract. Laws and administrative regulations modification shall be approved, registration procedures, in accordance with its provisions. The parties to the contract, seventy-eighth to change the contents of the agreement is not clear, the presumption does not change. Seventy-ninth obligee may be all or part of the contract the right to transfer to a third person, but except in one of the following circumstances: (a) According to the nature of the contract; (b) The agreement between the parties; (c) in accordance with the law is not transferable. Article ten assignment of rights of creditors, it shall notify the debtor. Without notice, the transfer has no effect on the debtor. Notice of assignment of rights of creditors may not be revoked, unless agreed to by the assignee.第八十一条 transfer of rights of creditors, the assignee shall acquire rights-related claims, but the rights exclusively belong to creditors other than their own. Eighty-second creditor of debtor receives notification of the assignment, the debtor's defense of the grantor can claim to the assignee.第 eighty-three transfer of claims received notification of the debtor, the debtor entitled to claim the grantor and the debtor's creditors before the transfer of debt maturity or at the same maturity, the debtor may claim against the assignee.第 eighty-four debtor's obligations under a contract in whole or in part to a third person, shall be subject to creditor approval.第八十五条 debtor's transfer of obligations, the new obligor for the debtor to the creditor that the original defense. Eighty-sixth the transfer of debtor obligations, the new obligor shall assume the obligations related to principal debt, but that the obligations exclusively belong to the original obligor. Eighty-seventh law and administrative regulations assignment of rights or transfer of obligations shall apply for approval and registration procedures, in accordance with its provisions. Eighty-eighth Where a party consent of the other, you can own the rights and obligations of the contract be transferred to the third party. Eighty-ninth together with the transfer of rights and obligations, the applicable provisions in Article nineteen, 第八十一条 to eighty-three, 第八十五条 to the eighty-seventh Article. A party entered into a contract, the ninth after the merger by the merger of legal persons or other organizations to exercise contractual rights and obligations thereunder. Separation of the parties after the conclusion of the contract, in addition to the creditor and the debtor otherwise agreed by the by the discrete legal persons or other organizations on contractual rights and obligations of the joint claim, assume joint and several debt. Chapter VI terminates the rights and obligations of the contract ninety-one one of the following circumstances, termination of contract rights and obligations: (a) The obligations under the contract; (b) contract was terminated; (c) of the debt offset each other; (d ) the obligor escrow the subject matter; (e) the creditor debt relief; (f) the rights and liabilities vested in one person; (g) the law or the parties agreed to terminate the other cases.第九十二条 after the termination of rights and obligations of the contract, the parties shall follow the principle of good faith, used to carry out notification of the transaction, assistance, confidentiality and other obligations. The parties by consensus, may terminate the contract. Party to terminate the contract the parties may agree upon the conditions. The condition for termination of the contract, the right may terminate the contract. Ninety-fourth, one of the following circumstances, the parties may terminate the contract: (a) force majeure purpose of the contract; (b) before the expiry of the performance period, the other party expressly or by its conduct that does not perform its main obligations; (c) of the party delayed in performing the principal debt, after receiving demand still not fulfilled within a reasonable time; (d) the other party delayed performance or any other breach of contract, thereby frustrating the purpose; (e) other circumstances stipulated by law. Ninety-fifth the law or the parties agree to exercise the right of cancellation period, the expiry of the party does not exercise the right to destroy. Law does not stipulate or the parties right to terminate the exercise period is not agreed by the other party within a reasonable time after receiving demand does not exercise the right to destroy. Where one party in accordance with the ninety-sixth purposes of article ninety-three second paragraph, the provisions of article ninety-fourth proposition to terminate the contract, it shall notify the other party. Contract shall inform the other party. The other party objects, may request the people's court or arbitration body effect of termination of the contract. Laws and administrative regulations shall apply for approval to terminate the contract and registration procedures, in accordance with its provisions.第九十七条 after termination of the contract were not met, termination of discharge; has been performed, according to the nature of its implementation and the contract, the parties may require restitution, take other remedial measures and claim compensation for losses. Ninety-eighth Contractual rights and obligations does not affect the contract terms for the settlement effect.第九十九条 each party bear its due debts, the debts of the subject matter in type and quality the same, any party may own debt and the debt offset each other, but in accordance with the law or the nature of the contract, except offset. Claims against the parties, it shall notify the other party. Notice from the other party to take effect. No condition or set-off period. A party has mutual obligations, types of subject matter, quality is not the same, agreed by both parties, can also be offset. Article one of the following circumstances, it is difficult to perform the debt, the debtor may escrow the subject matter: (a) the creditor refuses to accept them without justified reasons; (b) the creditor is missing; (c) the death of his heir or creditor incapacitated guardian is not determined; (d) other circumstances stipulated by law. Subject matter not suitable for escrow, or escrow fees are too high, the obligor may auction or sell the subject matter, escrow the proceeds. Article two escrow the subject matter, except for missing the other creditors, the debtor shall notify the creditor or creditors of the heir, guardian. Article Three escrow the subject matter, the damage, the risk of loss borne by the creditors. Escrow period, the subject matter of the fruits of the creditor. Deposit expenses borne by the obligee. Article four creditors can claim the deposited object at any time, but the creditors bear the debt due to the debtor, creditors or the failure to fulfill obligations to provide security, the escrow according to the requirements of the debtor shall reject the claim the deposited object. Creditor the right to claim the deposited object, since the date of escrow extinguished if not exercised within five years, net of escrow expenses deposited object owned by the State. Article five creditors to waive some or all of the debtor's debts, rights and obligations of the contract in part or in whole. Article six of claims and liabilities by the same person, the rights and obligations of the contract termination, but involves a third party's interests. Chapter VII liability for breach of one hundred and seventh Where a party fails to perform or fulfill the contract obligations according to the contract, shall bear continue to perform, to take remedial measures or compensation for losses. One hundred and eighth If a party expressly or by its conduct that does not fulfill its contractual obligations, the other party can fulfill its commitments before the time of breach of contract. One hundred and ninth Where a party fails to pay the price or remuneration, the other party may request to pay the price or remuneration. One hundred and ten party fails to perform non-monetary obligations or its performance does not meet the agreed upon non-monetary obligations, the other party may require performance, except in one of the following circumstances: (a) the law or in fact unable to perform; (b) debt The subject is unfit for compulsory performance or the cost is too high; (c) the creditor does not require performance within a reasonable time. One hundred and tenth the quality fails comply with the contract shall be in accordance with the agreement of the parties to any penalty. There is no agreement on breach of contract or agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, the injured party according to the nature of the subject and the size of the loss can reasonably choose to request the other party take to repair, replace, remake, return , reducing the price or remuneration, etc. One hundred and twelfth Where a party fails to perform or fulfill the contract obligations according to the agreement, in fulfilling their obligations or take remedial measures, the other party has other losses, it shall pay damages. One hundred and thirteenth Where a party fails to perform or fulfill the contract obligations according to contract, causing damage to the other party, the amount of damages shall be equal to the losses resulting from the breach, including the performance of the contract after a gain, but not more than conclusion of the contract the party in breach foresaw or should have foreseen the breach of contract may result in the loss. Operators to provide goods or services the consumer fraud, in accordance with the One hundred and fourteenth parties may agree should be based on breach of contract breach by a party to the other party to pay a certain amount of liquidated damages, breach of contract can be agreed upon amount of damages resulting from the calculation. Less than the agreed liquidated damages, the parties may request the people's court or an arbitration institution to increase; higher than the agreed liquidated damages resulting from loss of, any party may request the people's court or an arbitration institution to make an appropriate reduction. The parties agreed liquidated damages for delayed performance, the breaching party after payment of liquidated damages, it shall perform the obligations. One hundred and fifteenth parties may in accordance with Performance by the obligor, the deposit shall be offset against the price or recovered. To pay a deposit of one party does not perform the debt, the right to demand return of the deposit; party accepting the deposit does not perform the debt, should be double the return of the deposit. One hundred and sixteenth The parties both agreed liquidated damages, and the deposit agreement, one party, the other party may choose to apply the deposit or liquidated damages clause. One hundred and seventeenth 条 performance of the contract due to force majeure, according to force majeure, in part or in whole exempted from liability, except as otherwise provided by law. Delay in performance of force majeure occurred after the parties and can not be exempted from liability. Law, force majeure means unforeseeable, unavoidable and insurmountable objective conditions. One hundred and eighteenth Where a party is unable to perform the contract due to force majeure, it shall promptly notify the other party in order to mitigate possible losses to the other party, and shall provide proof within a reasonable time. One hundred and nineteenth Where a party defaults, the other party shall take appropriate measures to prevent losses from increasing; failure to take appropriate measures so that the losses, it shall not claim compensation for the loss of expansion. Parties in preventing further loss of reasonable costs incurred by the default party. One hundred and ten both parties breach the contract, they shall bear their respective responsibilities. One hundred twenty a party for breach of contract caused a third person, it shall bear the liability to the other party. And third-party dispute between, according to law or in accordance with the agreed settlement. One hundred and twentieth 二条 breach by a party, against the other person, property rights and interests of the aggrieved party the right to choose in accordance with requirements of this Law in accordance with their liable for breach of other legal requirements or liable for tort. Chapter VIII 百 twenty-three other regulation for contracts in other laws otherwise provided, in accordance with its provisions. One hundred and twentieth 四条 this Law or other law does not expressly provided for the contract, the General Provisions of this Law shall apply, and can refer to this Law or other law which is most similar provisions. One hundred twenty parties concerning the understanding of the terms of the contract dispute, it shall be the words used in accordance with the contract, the relevant provisions of the contract, the purpose of the contract, trade practices and the principle of good faith to determine the true meaning of the clause. Contract in two or more words and it is agreed with the same effect, the words in each version are presumed to have the same meaning. Inconsistent words in each version, it shall be interpreted in accordance with the purpose of the contract. One hundred twenty foreign related parties to the contract may choose the law applicable to contractual disputes, except as otherwise provided by law. Foreign parties to the contract did not choose the applicable law, the contract is most closely connected with the law of the country. Performed in the PRC Sino-foreign joint venture contract, the Sino-foreign contractual joint ventures, Sino-foreign cooperative exploration and development of natural resources, applicable laws of PRC. One hundred and twenty seventh 条 and commercial administrative departments and other relevant administrative departments in their respective areas of competence, in accordance with laws, administrative regulations, the use of contract against the national interests of the public interest violations, responsible for overseeing the processing; form crime shall be held criminally responsible. The parties may one hundred and twenty eighth through conciliation or mediation to resolve contract disputes. Parties do not want to conciliation, mediation or conciliation, mediation is unsuccessful, according to the arbitration agreement to an arbitration institution for arbitration. Foreign parties to the contract arbitration agreement according to the Chinese arbitration institution or other arbitration body for arbitration. The parties do not enter into an arbitration agreement or an arbitration agreement is invalid, can the people's court. The parties shall carry out legally effective judgments, arbitration awards or mediation; refused to comply, the other may request the People's Court. One hundred and twenty ninth 条 for international sale of goods and technology import and export contract dispute filed litigation or arbitration period of four years, the party knows or should know that its rights have been infringed date. Any other contract dispute filed litigation or arbitration period, in accordance with relevant provisions of the law. Chapter one hundred and thirtieth 条 contract for the sale contract for the sale is the seller transfers ownership of an object to the buyer, pays the price. One hundred and thirtieth 一条 contract for the sale of the contents except in accordance with the provisions of Article XII of this Law, may also include packaging, inspection standards and methods of settlement, the contract is written and its authenticity. Sold one hundred and thirtieth 二条 the subject matter, should be owned by the seller or the seller is entitled to sanctions. Laws and administrative regulations prohibit or restrict the transfer of the subject matter, in accordance with its provisions. One hundred and thirtieth 三条 The ownership of the subject matter shall be transferred subject matter, but unless the law or unless otherwise agreed by the parties. One hundred and thirtieth 四条 parties may stipulate in the contract for the sale price or the buyer fails to pay other obligations, the ownership of the subject matter belong to the seller. One hundred and thirtieth 五条 delivered to the buyer the seller shall perform the subject matter or the documents delivered to the subject matter, and the obligation to transfer ownership of the object. One hundred and thirtieth 六条 seller shall deliver to the buyer or the transaction practices documents outside the subject matter of such documents and information. One hundred and thirty seventh 条 a sale of computer software and other intellectual property subject matter, unless otherwise provided by law or as otherwise agreed by the parties, the subject matter of intellectual property rights do not belong to the buyer. One hundred and thirty eighth 条 seller shall deliver the subject matter period. Agreed delivery period, the seller may deliver at any time during the delivery. One hundred and thirty ninth Where the parties do not agree the delivery time or the agreement is not clear, this Law shall apply 第六十一条, the sixth twelve fourth requirement. One hundred and fortieth 条 subject matter before the conclusion of the contract has been possessed by the buyer, the contract becomes effective time of delivery. One hundred and fortieth The seller shall deliver in accordance with the agreed place the subject matter. Parties have not agreed or explicitly agreed place of delivery, in accordance with the provisions of this Law 第六十一条 still can not be determined, the following provisions apply: (a) the subject matter needs carriage, the seller shall deliver the subject matter to the first carrier transmission to the buyer; (b) the subject matter does not need transportation, the seller and buyer entered into a contract to know the subject matter in a particular place, the seller shall deliver the object at that location; do not know the subject matter in a a location, it shall enter into the contract of the seller to deliver the subject matter of business. One hundred and fortieth 二条 subject matter damage, the risk of loss in the subject matter borne by the seller prior to delivery, after delivery by the buyer, but unless the law or unless otherwise agreed by the parties. One hundred and fortieth 三条 due to causes of the buyer subject matter can not deliver the agreed time limit, the buyer shall bear the date of breach of the subject matter damage, the risk of loss. One hundred and fortieth 四条 seller sells in transit by the carrier for carriage subject matter, unless otherwise agreed by the parties, damage, risk of loss from the time the contract was established by the buyer. One hundred and fortieth the parties concerning the place of delivery is not agreed or explicitly agreed, in accordance with provisions of Article forty-one the first paragraph the provisions of the subject matter needs carriage, the seller delivers the subject matter to the first carrier , the subject matter damage, the risk of loss borne by the buyer. One hundred and fortieth 六条 seller in accordance with the agreement or in accordance with provisions of Article forty-one the provisions of the second paragraph will be placed in the subject matter of the place of delivery, the buyer did not receive breach of the agreement, the subject matter is damaged or lost risk from the date of breach by the buyer. One hundred and forty seventh 条 accordance with the contract seller does not deliver the subject matter of the documents and materials, does not affect the subject matter damage, risk of loss transfers. One hundred and forty eighth 条 because the subject matter to meet the quality requirements, thereby frustrating the purpose of the contract, the buyer may refuse to accept the object or terminate the contract. The buyer refused to accept the object or terminate the contract, the subject matter damage, the risk of loss borne by the seller. One hundred and forty ninth 条 damage to the subject matter, the risk of loss borne by the buyer, the seller does not affect the performance of its obligations by not conforming to demand the seller liable for breach of rights. One hundred and fifty 条 seller to deliver the subject matter, shall not be liable to ensure that third party any rights against the buyer's obligations, except as otherwise provided by law. One hundred and fifty Where the buyer entered into the contract the third party knows or should know the subject matter of the sale of rights, the seller does not assume the provisions in Article fifty obligations. One hundred and fifty 二条 buyer has conclusive evidence that the third party may claim rights to the subject matter, and may withhold payment of the purchase price accordingly, but except for the seller to provide appropriate security. One hundred and fifty 三条 seller shall deliver the subject matter of the quality requirements. The quality of the subject matter, the seller explained, the subject matter delivered shall comply with the quality requirements. One hundred and fifty 四条 for the subject matter of the quality requirements not prescribed or not clear, in accordance with the provisions of this Law 第六十一条 can not be determined, the applicable provisions of Article the provisions of the first twelve. One hundred and fifty 五条 the subject matter delivered by the seller does not meet the quality requirements, the buyer in accordance with this Law, the provisions of article one hundred and tenth requirements of any penalty. One hundred and fifty 六条 seller shall deliver the subject matter of packaging. Packing method was not agreed or the agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, shall be in accordance with the common methods of packaging, there is no general manner, shall be adequate to protect the subject matter of packaging. One hundred and fifty seventh The buyer receives the subject matter, the test should be agreed upon during the test. There is no inspection period is agreed, it shall promptly test. One hundred and fifty eighth Where the parties agreed inspection period, the buyer during the inspection will be the subject matter the quantity or quality does not meet the conditions agreed upon notice to the seller. Buyer delayed in notifying the subject matter as the quantity or quality comply with the contract. Where no inspection period, the buyer should be found or should have discovered the quantity or quality does not comply with the contract notice to the seller within a reasonable period. If the buyer fails to notify within a reasonable period or since the date of receipt of the subject matter fails to notify the seller within two years, as the subject matter of the quantity or quality comply with the contract, but the subject matter of quality guarantee period, the applicable quality assurance period does not apply to the two year period. The seller knows or should know of the subject matter does not comply with the contract, the buyer informed the preceding two paragraphs from the time limit. One hundred and fifty ninth buyer shall pay the price in accordance with the agreed amount. The price is not agreed or the agreement is not clear, this Law shall apply 第六十一条, the sixth twelve second requirement. One hundred and sixty buyer shall pay the price in accordance with the agreed place. Place of payment was not prescribed or not clear, in accordance with the provisions of this Law 第六十一条 can not be determined, the buyer shall pay the seller's place of business, but agreed to pay the price to deliver the subject matter or the delivery of the object alone conditional permit, the subject matter of delivery or handing over the documents to the location of the subject to pay. One hundred and sixty buyer shall pay the price in accordance with the agreed time. The time for payment is not agreed or explicitly agreed, in accordance with the provisions of this Law 第六十一条 still can not be determined, the buyer should be in receipt of the subject matter or the subject matter at the same time payment documents. One hundred and sixty 二条 seller delivers the subject matter, the buyer may accept or reject the excess part. Buyer accepts the excess part, the price of the contract to pay the price; the buyer refuses to accept the excess, it shall promptly notify the seller. One hundred and sixty 三条 subject matter arising prior to the delivery of fruits, owned by the seller, after delivery of the fruits produced, owned by the buyer. One hundred and sixty 四条 the main thing because of the subject matter does not comply with the contract and terminate the contract, terminate the contract and in effect from the material. Because of the subject matter from the material does not meet the contract is terminated, the effect of termination is less than the main components. One hundred and sixty 五条 number of objects the subject matter, one of which does not comply with the contract, the buyer may terminate the relation, but the separation of property and other items to the value of the subject matter was damaged, the parties may object to the number of terminate the contract. One hundred and sixty 六条 partial delivery of the subject matter of the seller, the seller of one batch of object failure to deliver or do not comply with the contract, leading portion of the contract can not be achieved purpose of the contract, the buyer may on the portion of the contract terminate. Seller fails to deliver one batch of object or the delivery does not meet the agreement, resulting in the subsequent batches of the subject matter of the contract can not be achieved the purpose of delivery, the buyer may batch and other batches of objects for future disarmament. If the buyer subject to a number of them to terminate the portion of the subject matter with other batch of which is interdependent, and may have been delivered and undelivered batches of objects removed.第一 The Regulations of the buyer fails to pay installments due the delinquent amount to one fifth of the total price, the seller may require payment of the full purchase price or terminate the contract. Seller terminates the contract, may require the buyer to pay royalties to the subject matter. One hundred and sixty eighth 条 sale by sample, the parties shall seal the sample, and can specify the quality of the sample. The subject matter delivered by the seller with the sample should be the same quality. One hundred and sixty ninth 条 sale by sample, the buyer is not aware of a latent defect samples, even though the subject matter delivered with the sample, the subject matter delivered by the seller shall still meet the normal standards of the same species. One hundred and seventieth 条 sale by trial, the parties may agree the trial period. Trial period is not agreed or the agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined by the seller. One hundred and seventieth a sale by trial during the trial period the buyer can purchase the subject matter, you can not buy. The trial period, the buyer whether to purchase the subject matter of the absence, he is deemed to buy. One hundred and seventieth 二条 bidding trading rights and obligations of the parties and the tendering procedures, in accordance with relevant laws and administrative regulations. One hundred and seventieth 三条 auction the rights and obligations of the parties and the auction procedures, paul smith bag, in accordance with relevant laws and administrative regulations. One hundred and seventieth 四条 other paid the contract law provisions, in accordance with its provisions; not provided, with reference to the relevant provisions on sales contracts. One hundred and seventieth barter agreement the parties concerning the transfer of title to the subject matter, with reference to the relevant provisions on sales contracts. Chapter X for electricity, water, gas, heat 百 seventy-six the first contract for electricity supply contract to the power supply, consumer pay an electricity contract. One hundred and seventy seventh 条 power supply contract covers the supply of the method, quality, time, electricity capacity, location, nature, metering method, electricity, electricity in the settlement, the responsibility for the maintenance of power facilities and other provisions. One hundred and seventy eighth 条 power supply contract place of performance prescribed by the parties; if not prescribed or clearly prescribed, and power supply facilities at the property boundary to the place of performance. One hundred and seventy ninth 条 person shall, in accordance power supply quality standards and safety of electricity supply contract. Who fail to comply with the provisions of electricity supply quality standards and safety of electricity supply contract, resulting in losses to the power shall be liable for damages. One hundred and eightieth ten supply due to power supply facilities planned maintenance, temporary maintenance, according to limited power, or the illegal use of electricity and other reasons, need to interrupt power supply, shall, in accordance with relevant State regulations prior notice of electricity. Without prior notice to interrupt supply of electricity, resulting in losses to the power shall be liable for damages. One hundred and eightieth If, due to natural disasters and other causes, the power supply in accordance with relevant state regulations shall make prompt repairs. Not timely repair, thereby causing losses to the power shall be liable for damages. One hundred and eightieth 二条 power shall, in accordance with relevant state regulations and the terms of the contract and timely delivery of electricity. Delays in paying the electricity tariff, shall pay the prescribed penalty. Receiving demand of electricity is still in the delivery of electricity within a reasonable time and liquidated damages, the power supplier may terminate in accordance with the procedures prescribed by the state power. One hundred and eightieth 三条 power shall, in accordance with relevant state regulations and the terms of the contract safe use of electricity. Electricity were not in accordance with relevant state regulations and the parties agreed safe use of electricity, resulting in the loss of the power supplier shall be liable for damages. One hundred and eightieth 四条 for water, for gas for heating the contract with reference to the relevant provisions of the contract for electricity. Chapter XI of the first contract 百 eighty-five gift gift gift contract is the property of their own free will given to the donee, the donee accepted the gift of the contract. One hundred and eightieth 六条 gift to the gift property before the transfer of rights to revoke the gift. With disaster relief, poverty and other social welfare, the nature of moral obligation or a gift contract gift contract is notarized, the preceding paragraph shall not apply. One hundred and eighty seventh A gift of property to go through registration formalities according to law, it shall complete the formalities. One hundred and eighty eighth treaty with disaster relief, poverty and other social welfare, the nature of moral obligation or a gift contract gift contract is notarized, the donor does not deliver the gift property, the donee may request delivery. One hundred and eighty ninth 条 intentionally or by gross negligence of the donor resulting in the gift property is damaged or lost, the donor shall be liable for damages. One hundred and ninetieth gift may be subject to obligations. Obligations attached to the gift, the donee shall be in accordance with the agreed obligations. One hundred and ninetieth 一条 the donated property is defective, the donor is not liable. Obligations attached to the gift, the gift of the property is defective, the donor within the limits of the obligations attached to assume the same responsibility with the seller. Deliberately do not tell the donor defect or guarantee flawless, causing loss to the donee shall be liable for damages. One hundred and ninetieth Where the donee is one of the following circumstances, the donor may revoke the gift: (a) serious violations of human donor or a close relative; (b) to the donor fails to comply with support obligations; (c ) does not fulfill obligations under the gift contract. The donor's revocation right to know or should know the reasons for withdrawal within one year from the date of exercise. One hundred and ninetieth 三条 violations caused by the gift recipient is deceased or incapacitated, the donor, his heir or legal representative may revoke the gift. The donor's heirs or legal representative of the revocation right to know or should know the reasons for cancellation within six months from the date of exercise. One hundred and ninetieth 四条 revoke the owner revoke the gift, the recipient can request the return of the donated property. One hundred and ninetieth 五条 the donor's economic situation has deteriorated significantly, seriously affected his business operation or family life can be the gift obligations. Supplementary four hundred and twenty eighth of this Law from October 1, 1999 shall come into force, the Note: Due to word the control of the twenty-three chapters XII to visit the government website. Related books. Contract Law of the People's Republic: Law Press Center Press and regulations: Law Press, pages: 172 Publication Date: 2006 ISBN: 7503663219 Barcode: 9787503663215 version: September 2006 1st Edition Binding: Paperback Book Size: 32 Description of Contract Law to open, [1] General Principles of Civil Law, the Supreme Court on the application of (second instance). Recommended media in today's society, increasing the role of the law, involving all aspects of social life. However, the obscure jargon, difficult legal theory, the vast and complex legislative system, the inherent characteristics of these laws, but had become a reader to understand and master the legal obstacles. Ben Taoshu has the following characteristics: (1) authority of the department for approval. Books chosen by the Legislative Affairs Commission of the NPC Standing Committee, State Council Legislative Affairs Office of the comrades of the relevant legislative approval, the accuracy of the authority; (2) The law applies to feed. Each book is written by the legislature of the Act relevant experts for feed, to help readers of every spirit and essence of the law to have a deeper understanding; (3) Zhongdianfatiao comments. Notes to the provisions of Chongdianfatiao, and each section is to extract the text of the subject, to help the reader an accurate understanding of the content of articles; (4) The regulations case index. Provisions of laws and regulations associated with the index and the associated appendix case index to help readers fully grasp the system of legal norms, and will end all legal theory to practical cases; (5), supporting regulations. Appendix end of the book some of the more important laws, regulations and judicial interpretations, so that readers in the use of more convenient and practical. List of the principle of public order and good morals according to Article VIII of Chapter II established validity of the contract is entered into the contract the ability to contract Article IX Article X Article XI in the form of a written contract, Article XII of the contents of the contract means a contract of Article XIII of Article XIV Article XV offer offer entry into force of Article XVI invited to offer to withdraw the offer of Article XVII Article XVIII Article XIX offer revoked the offer may not be revoked in the case Diershitiao commitment to offer a definition of failure of the twenty-commitment way to the twenty-twenty-two commitment period of the three commitment period of twenty-four twenty-five contract is the starting point of time entry into force of the twenty-six twenty-seventh 条 committed to offering substantive offer 第二 the twenty-eighth the new commitment to the third late nineteen ten commitment to offer substantive change 第三十一条 commitment to non-substantive changes to the offer ... ... More Atlas Atlas entries References 1
books
Contract Law ( Note the)
Further reading: 1
http://www.zhuoyuewangshangshucheng....219222011.html
Open Category: law, contract me to improve the entries:
|
|
|
09-16-2011, 05:21 AM
|
#3
|
Commander In Chief
Join Date: Sep 2010
Posts: 614
|
PRC Labor Contract Law Implementation Regulations
parties to the contract in order to protect the legitimate rights and interests, maintain social and economic order and promoting the development of socialist modernization. By China National People's Congress of the Ninth second meeting March 15, 1999 adopted in October 1, 1999 shall come into force. A total of twenty-first chapter four hundred twenty-eight.
directory
contract to contract the meaning of the principle features of contract law classification of the contract terms of the contract signed the contract to change the contract or release the first chapter the general provisions of the law of contracts entered into the first chapter validity of the contract Chapter IV Chapter V the performance of the contract to change the contract and transfer of rights and obligations of Chapter VI of the contract termination liability for breach of Chapter VII of the other provisions of Chapter VIII Chapter IX Chapter X sales contracts for electricity, water, gas or Heating Chapter XI Supplementary Provisions related books grant contract. PRC Contract Law, Introduction of the media recommended list of the principles of contract at the March 15, 1999 the Ninth National People's Congress through the enactment of the second meeting of the Republic of contract law. In China, contract law is to adjust the trading relationship between equal entities and laws, it is the main provisions of contracts, validity of the contract and the performance of the contract, change, lift, security, breach of contract and other issues. The principle of a contract, the legal equality of parties to the contract, neither party may impose its will on the other. 2, the parties shall enjoy the right to voluntarily enter into a contract, and no unit or individual may illegally interfere with 3, the parties shall follow the principle of fairness in defining the rights and obligations. 4, the parties to exercise their rights and obligations should follow the principles of honesty and trustworthiness. 5, the parties entered into the contract, should follow the laws and administrative regulations, respect social ethics and shall not interfere with social and economic order or harm the public interest. The meaning of the contract contract two or more parties (natural or legal persons) on the establishment, change, destroy civil legal relationship. Debt of such contracts is to produce one of the most common and important basis, it is also known as debt contracts. Sometimes refers to a certain place the contract rights and obligations of the agreement. Also known as the contract. Such as sales contracts, apprenticeship contracts, labor contracts and the factories and workshops and other contracts entered into. ① legal characteristics of the contract the two sides of the legal contract. That requires two or more parties to each other means that (meaning that civil law is to be able to place the meaning of the performance of the external effects of the behavior.) ② meaning that the parties must reach an agreement, which means that to be consistent. ③ contracts are in place, change or terminate the civil legal relations purposes. ④ contract specifications parties in conformity with the law under which the agreement, it shall be lawful. Contract has been set up legally effective, in place between the parties rights and obligations; or to the original relationship between the civil law is changed or eliminated. One or both parties to fulfill their obligations according to the contract, we must bear in accordance with the contract or legal liability for breach. Classification of the contract according to different classification criteria can be divided into: planning and general contract where the contract in accordance with national economic planning directly entered into the contract, known as the plan contract. Such as enterprise legal person under the state plan signed purchase and sales contracts, construction contracts and so on. Also known as non-ordinary contract plan contract, not to set up national plans for the premise of the contract. Contract between citizens is a typical non-plan contract. Since China's economic reform plan contract rapidly. In the socialist market economy, the Plan Agreement has been controlled in a very small range. Bilateral Contract with unilateral contract bilateral contract between two parties that the burden of obligations and rights obligations of the parties are interrelated, reciprocal causation contract. Such as sales contracts, contract contracts. Unilateral contract that the burden of obligations by only one party, while the other party is only entitled to the rights of contract. Such as gifts, interest-free loans, free care and other contracts for the typical unilateral contract. Paid and unpaid contract contract contract contract paid by either party the right to obtain a price to be paid to the other side of the contract. Free contract is not a party the right to pay only the cost of obtaining the contract, the contract is also known as grace. The former, such as trading, contracts of reciprocity, the latter as a gift, the use of contracts. Consensual contract to contract and practice means that both parties agreed contract shall be established, for the promise into the contract. In addition to mean that the same parties, businesses still paid in kind, before they can set up the contract, the contract for the practice, also known to be material contracts. Have to type to type contract and the contract shall be in accordance with any particular form of contract before the establishment of a valid, in order to type the contract; the contrary, the have to type contract. In addition to civil contract for the sale of houses made in writing, but yet to register the transfer of national authorities. The main contract and not follow him from the contract kind of contract where the premise of the independent existence of a contract is established as the main contract. All kinds of contract must be in his presence as a precondition before they can set up a contract, called from the contract. For example, the main contract, contract claims, to ensure that the performance of the contract guarantee of the debt contract from the contract. From contracts to the main premise of the existence of the contract, so the main contract destroyed, in principle, also come from the elimination of the contract. On the contrary, from the elimination of the contract does not affect the validity of the main contract. The agreement about the future with the appointment of the agreement entered into certain contractual appointment. Subsequently the performance of a contract-based appointments and about, which is the contract. Where there reservations, that bears the obligation to enter into this contract, breach of an appointment when they suffer losses leaving the other party also should bear civil liability. Other contracts are often parties to the contract by himself or his agents to obtain certain rights to conclude contracts. However, in some cases, the conclusion of contracts for third party access rights or interests, in order to give an independent third party claim against the debtor, it is known as the interests of the conclusion of the third contract. Law or contract to pay the insurance amount to the beneficiary of life insurance contracts are typically entered into for the contract to a third party interests, because after the death of the insured, the beneficiary is a third person. In addition, the contract can be divided into the total contract and sub-contracts; to a contract and not to let contracts; well-known contract with the unnamed contracts. Terms of the contract can be divided into basic terms and general terms, also known as the necessary provisions and general terms. Necessary to reach an agreement on the terms of the parties, the contract shall be established; the contrary, the contract can not be established. Terms of the contract is necessary to determine the basis of a 3: ① According to the law. All the necessary legal provisions of the contract expressly provides that in accordance with the law. ② According to the nature of the contract. The necessary legal provisions of the contract does not expressly provide, and can determine the nature of the contract. For example, the subject matter of contract for the sale, the price is the contract for the sale of the necessary provisions. ③ According to the wishes of the parties to determine. In addition to the law and the nature of the contract, according to the terms necessary to determine the outside must be provided by either party to the terms and necessary provisions. For example, the subject matter of the party have special packaging requirements must be terms of the agreement is necessary terms. In addition to the necessary terms of the contract terms, there are other terms, the general terms and conditions. General Terms are to be provided in the contract will not affect the establishment of the contract. Specific terms of the contract was full and clear, is useful in both the contract rights, obligations and performance of the contract. After the signing of the contract offer and acceptance generally of two steps. About the direction of the parties to a contract proposed by the other party's requirements or recommendations. Party making the offer, said the offeror. In the offer, the offer, unless that desire to want to sign a contract, it must also clearly sufficient to determine the content of the basic terms of the contract. Offer may be made to specific persons, but also to non-specific persons. Who can offer commitment to the provisions of the offer period, the offer expiration date. The effective period of the offer, the offeror bound by its offer, that is to accept the offer with the obligation to conclude a contract; offer to sell specific things people are not allowed to make the same third party made the same offer or contract. Offer does not require commitment period, usually a reasonable time can be determined. Commitment period or for more than an offer has been withdrawn, the offeror is not bound by. Commitment is a party to the other party's offer in full agreement. Agreed to offer to take delivery of the offer, said the party, or the offeree. The offeree of the offer that promise, the contract shall set up, the offeree must take to fulfill the contract obligations. The expansion of the contents of the offer, promise to limit or change may generally be regarded as an offer but refused to offer the new, the other promises a new offer, the contract is established. Form of the contract that the contract between the parties on the establishment of the meaning of the contract that way. China's contract in the form of an oral contract, a written and notarized contract, forensics, or a written examination and approval of contracts. Verbal contract is verbal (including telephone, etc.) means that the contract established way. But there is a dispute, it is difficult to distinguish between evidence and responsibility. For a number of countries or a certain amount of responsibility over the contract, limit the use of an oral form. A written contract that is the meaning of the text representation (including letters, telegrams, Qiquan, etc.) entered into a contract, or to book an oral agreement made deeds, notes, etc. Conducive to distinguish right from wrong in writing the responsibility to urge the parties to the contract. Chinese law requires the contract between the corporation except those who are settled immediately, shall be in writing and signed. Other countries have applied the provisions of a written contract. Notarized, forensic examination and approval of the contract or the contract ① the state notary public notarized application of the parties under the contract, the authenticity and legality of the contract by the evidence. Notarized contract, with strong evidence of effectiveness, as the court or enforcement basis. The agreement shall be notarized by law or by contract, the contract is invalid without a notary. ② contract verification is the administrative department for industry and commerce authorities and the national economy, the application should be parties to the contract, in accordance with legal procedures, the contract between the parties conducted authentication. Authentication authority that is necessary to modify the contents of the contract, the right to require the parties to be corrected. Authorities also monitor contract performance appraisal rights, it has administrative supervision of the characteristics of forensic examination. In addition to China's current contract forensic department or local laws and regulations other than those expressly provided, usually by the parties voluntarily decide whether to forensic examination. ③ examination and approval of the contract, means the competent authority in accordance with national law or the provisions of certain contracts or contracts over a certain amount must be approved by the competent authority or higher authority for examination and approval, the type of contract is not vetted and approved by the unit can not enter into force. For example, the foreign trade contract approval procedures shall be in accordance with law. Contract modification or rescission of the contract has been established that the contents of some modified, supplemented or canceled. Party to the contract for any reason to modify, add or cancel certain provisions of the contract relationship, must obtain consent of the other. Which the new agreement reached between the parties, change or dissolve their old agreement. Changes, the new agreement to terminate the contract, based upon the original contract in the form of processing. Clearly defined in law or in the case of the contract, if a party fails to perform or improper performance of contractual obligations, the other party the right to terminate the contract. Therefore, the exercise of right to terminate the contract by one party and eliminated. , allow one party notify the other party to change or terminate the contract. Chapter I General Provisions law first in order to protect the legitimate rights and interests of parties to the contract, and maintain social and economic order and promoting the socialist modernization drive with law. Purposes of this Law with equal natural persons, legal persons or other organizations to establish, change or terminate civil rights and obligations of the agreement. Marriage, adoption, guardianship and other relevant status of the agreement, the provisions of other laws. Third parties to a contract have equal legal status, one can not impose its will on the other. Article party is entitled to the right of voluntary contract, any unit or individual may illegally interfere. Article parties shall follow the principle of fairness in defining the rights and obligations. Article parties to exercise their rights and obligations should follow the principle of good faith. Article VII of the parties entered into the contract, shall abide by laws and administrative regulations, observe social ethics, or disturb the social economic order or harm the public interest. Article VIII established by law a contract is legally binding on the parties. The parties shall perform their duties in accordance with the contract are not allowed to change or terminate the contract. The contract established according to the law, protected by law. Article IX Chapter entered into a contract the parties entered into a contract, have the appropriate civil rights and civil acts. A party may appoint an agent contract. Article parties entered into a contract in written, oral and other forms. Laws and administrative regulations in written form, shall be in written form. Agreed by the parties in writing, shall be in written form. Article XI refers to the contract in writing, correspondence and data message (including telegram, telex, fax, electronic data interchange and e-mail) can tangibly show the contents contained therein. Article XII of the contents of the contract agreed upon by the parties, generally include the following: (a) the name of the party or name and domicile; (b) subject matter; (c) quantity; (d) quality; (e) price or remuneration; (f ) time, place and manner; (vii) breach of contract; (h) dispute resolution methods. The parties may refer to various types of model contract to contract. Article XIII A contract is concluded an offer and acceptance. Article XIV and others offer the hope that the meaning of a contract that which shall meet the following requirements: (a) specific and definite; (b) show that the commitment to withstand the offeror, the offeror is bound by that intention. Article XV is to offer to invite other parties to make offers to the. Send the price list, notices of auction and tender, prospectuses, advertising and other invitations for offer. Commercial advertising content consistent with the offer shall be regarded as an offer. Article XVI offer becomes effective when it reaches the offeree. Contract is concluded by a data message, the recipient specific system receive the data, the data message enters the system time, as the arrival time; not specify a particular system, the data message enters into any system the first time, as the arrival time. Article XVII offer may be withdrawn. Withdrawal notice shall offer reaches the offeree before or at the same time the offer reaches the offeree. Eighteenth An offer may be revoked. The revocation notice shall be given a notice of the offeree before it reaches the offeree. Article XIX of the following circumstances, the offer may not be revoked: (a) the offeror a fixed time or otherwise expressly irrevocable; (b) the offeree has reason to believe that the offer is irrevocable and has to preparations were made to fulfill the contract. Diershitiao one of the following circumstances, lapse: (a) to refuse the offer of the notice reaches the offeror; (b) the offeror revokes the offer in accordance with the law; (c) end of the period, the offeree has not made commitments; (d) the offeree of the offer makes substantial changes to the content. Twenty-one commitment is subject to the consent of the offer means the offer said. Acceptance shall be made by means of notice, but according to customary business practice or offer that can be made by an act otherwise. Twenty-three commitments identified in the offer shall reach the offeror within the time limit. Where no time limit, the acceptance shall reach the following provisions: (a) If the offer is made in the dialogue, shall be made immediately, unless otherwise agreed by the parties; (b) the offer is made of non-dialogue, the acceptance shall arrive within a reasonable time. Twenty-four offer made by letter or telegram, the period from the date shown in the letter or telegram is handed in calculating the date issued. Letter does not specify the date, the posting of postmark date. An offer by phone, fax and other means of instantaneous communication made, the period from when the offer reaches the offeree commences. Twenty-five contract is established when the acceptance becomes effective. Twenty-six its notice reaches the offeree to take effect. Commitment need not be notified, according to the requirements of usage or the offer becomes effective when the behavior of the commitment. Contract is concluded by a data message, the time of arrival of the second paragraph of this Law shall apply the provisions of Article XVI. Twenty-seventh An acceptance may be withdrawn. Commitment to withdraw its notice reaches the notice shall offer to its notice before or at the same time reach the offeror. Twenty-eighth shall be fairly committed to offer people more than the commitments given period, in addition to promptly notify the offeror by the offeree than the promise of effective, a new offer. Twenty-ninth shall be fairly offeror within the period for acceptance, under normal circumstances the timely arrival of the offeror, but for other reasons than when the acceptance reaches the offeror commitment period, in addition to promptly notify the offeror by the offeree is not due to commitments within the time limit other than to accept the commitment, that commitment effective. The contents of the third ten should be consistent with the offer. The offeree of the offer which materially changed, a new offer. The subject of the contract, quantity, quality, price or remuneration, time limit, place and method of discharge, breach of contract and the settlement of disputes and other changes, is the substantive content of the offer changes.第三十一条 commitment to offer to make non-substantive changes to the content, in addition to timely object to the offeror or the offer that may not offer the contents of the commitment to make any changes other than the commitment to the effective, the contents of the contract subject to the contents of a commitment . Thirty-Where the parties entered into a contract in written form of the contract, since the parties when the contract is signed or sealed. A concerned party by mail, messages and other forms of data entered into the contract, the contract can be signed before the establishment of required confirmation. When the contract is signed confirmation. The acceptance becomes effective thirty-fourth place where the contract is established. Contract is concluded by a data message, the recipient's principal place of business, place of formation of the contract; no main place of business, its habitual residence shall be the place of establishment. The parties agree otherwise, in accordance with the agreement. Thirty-fifth Where the parties entered into a contract in written form contract, both parties sign or seal the location where the contract is established. Thirty-sixth law, administrative regulations or agreed by the parties enter into a written contract, the parties are not in written form but one party has performed the principal obligation and the other accepted, the contract is formed. Thirty-seventh, be used in the form of contract to contract before signing or sealing, if one party has performed its principal obligation and the other accepted, the contract is formed. The state needed the thirty-eighth issued a mandatory plan or a state purchase order, the legal persons and other organizations shall, in accordance with relevant laws and administrative regulations of the rights and obligations of a contract. Thirty-ninth standard terms contract, the party supplying the standard terms should follow the principle of fairness in rights and obligations between the parties and take other reasonable way to draw attention to waive or limit its liability provisions, in accordance with the requirements of the other party, be described in this clause. Terms of format and repeated use by the parties are prepared in advance and did not enter into the contract terms negotiated with the other party. The fourth ten standard terms of this Act twelve and fifty cases of Articles, or the party supplying relieved from its responsibility, adding other responsibilities, excluding the rights of the other party, the clause is invalid. Understanding of the standard terms 第四十一条 dispute, it shall be interpreted in accordance with common understanding. Terms of format, there are two or more interpretations, it shall be conducive to the party supplying the explanation. Standard terms and non-standard terms are inconsistent, it should be non-standard terms. Forty The parties in concluding a contract in one of the following circumstances, cause losses to the other party shall be liable for damages: (a) enter into a contract under the guise of negotiating in bad faith; (b) deliberately concealing important conclusion of the contract facts or provide false information; (c) any other act contrary to the principle of good faith. Forty The parties in concluding a contract in the commercial secrets, whether the contract is established, shall not be disclosed or improperly used. Disclosure or improper use of the trade secret and other losses, it shall be liable for damages. Chapter Forty-fourth the effectiveness of the contract established lawfully contract effective upon its formation. Laws and administrative regulations shall apply for approval, registration and other procedures in force, in accordance with its provisions. Forty-fifth The parties may agree on the validity of the contract with conditions. With entry into force of the contract, effective when conditions are accomplished. Contract with dissolving conditions, since the conditions of achievement failure. The interests of the parties for their own achievements improperly prevent the condition, as conditions have been satisfied; improperly led conditions of success, as conditions are not achieved. Forty-sixth The parties may agree on the validity of the contract time limit. Effective time period of the contract come into force when the period expires. Contract with termination time period, since the expiration of the time lapse. Forty-seventh Restriction capacity of civil contract entered into by the legal representatives, after ratification, the contract valid, but a pure profit of the contract or his age, intelligence, mental health conditions and a contract, not by the statutory agent were ratified. The counterpart may urge the statutory agent to ratify the contract within a month. Legal agent fails, he is deemed a refusal of ratification. Before the contract is ratified, good faith is the right to withdraw. The withdrawal shall be made by means of notice.第四 eighteen actor has no power of agency, beyond the power of agency or agency on behalf of the principal after termination of a contract, an agent without the ratification of the principal effect does not occur, the perpetrator accountable. The counterpart may urge the principal to ratify the contract within a month. Where the principal fails, he is deemed a refusal of ratification. Before the contract is ratified, good faith is the right to withdraw. The withdrawal shall be made by means of notice.第四 nineteen actor has no power of agency, beyond the power of agency or agency on behalf of the principal after termination of the contract, the relative who has reason to believe the actor has the power of attorney, the agent acts valid. Fifth ten legal persons or other organizations, the legal representative, person in charge of a contract beyond the authority, in addition to the relative who knows or should know of the outside of its ultra vires, the representative act shall be effective.第五十一条 no right to dispose of the property of another person, the rights of people who ratified or having no right to obtain right of disposition after the conclusion of the contract, the contract valid. Fifty-one of the following circumstances, the contract avoided: (a) a party to fraud or coercion to contract, and harming national interests; (b) malicious collusion are detrimental to the state, collective or a third party; (c) a legitimate form of cover up illegal purposes; (d) damaging the public interest; (e) violation of laws and administrative regulations mandatory.第 fifty-three the following disclaimer in the contract null and void: (a) personal injury caused by the other party; (b) willful or gross negligence by the other property losses.第 fifty-four the following contracts, the parties shall have the right to request the people's court or an arbitration institution to modify or revoke: (a) made by a major misunderstanding; (b) the contract was obviously unfair. Party to fraud, coercion, or exploitation of the other party in case of violation of the true meaning of a contract, the aggrieved party the right to request the people's court or an arbitration institution to modify or revoke. Party requests for modification, the people's court or the arbitration institution may not be revoked. Fifty-fifth of one of the following circumstances to revoke the right to eliminate: (a) has the right to revoke the party knew or should have known the cause for cancellation is not exercised within one year from the date of cancellation rights; (b) has the right to revoke the revocation of the concerned parties After the subject made it clear that his behavior or to waive the right.第五 sixteen or revoked the contract null and void ab initio is not legally binding contract. Part of a contract is invalid, does not affect the validity of the other parts remain valid. Fifty-seventh Contractual invalid, revoked or terminated, the contract does not affect the independent existence of the dispute settlement provisions in effect. Fifty-eighth Contractual invalid or has been rescinded, the property acquired by the contract, shall be returned; can not be returned or the return is unnecessary and should discount compensation. The party at fault shall compensate the other party for losses suffered by the two sides are at fault, shall bear their respective responsibilities. The parties malicious collusion fifty-ninth, and harming national, collective or a third party, so get the property turned over by the state or returned to the collective or the third person. Chapter IV performance of the contract parties shall fully perform its own in accordance with contract obligations. The parties shall follow the principle of good faith, the nature of the contract, to fulfill the purpose of notification and the transaction practice, assistance, confidentiality and other obligations.第六十一条 after the commencement of the contract, the parties on the quality, price or remuneration, place of performance and so there is no agreement or the agreement is not clear, may agree to add; can not reach a supplementary agreement, in accordance with the relevant provisions of the contract or transaction practices identified. The parties to the sixty-second content of the contract agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, the following provisions apply: (a) the quality requirements are not clear, according to national standards, industry standard; no country standards, industry standards, generally held standards or specific standards in conformity with the contract to fulfill the purpose. (B) price or remuneration is not clear, when concluding the contract is performed in accordance with the market price performance; the government pricing should be implemented according to the law or government guidance, and accordance with the performance. (C) the place of performance is not clear, payment of money in one location to accept money to perform; delivery of real estate, real property located in the discharge; other subject matter, where one party to fulfill their obligations. (D) performance is not clear, the debtor may perform, the creditor may require performance at any time, but should be given to the preparation time. (E) the method of execution is not clear, in accordance with the purpose of the contract are the way conducive to performance. (Vi) to fulfill the burden of costs is unclear, the obligor shall burden. Sixty-third in execution of the government or government guidance price, the delivery period in the contract price adjustment within the Government, in accordance with the delivery price at the time. Late delivery of the subject matter, if the price rises, and the original price; prices fall, the new price. Delays in taking delivery or payment, if the price rises, the new price; price has dropped, and the original price. The parties agreed upon the sixty-fourth to third by the debtor defaults, the debtor does not perform the obligation or to a third party does not comply with the contract performance of its obligations, it shall bear the liability to the creditors. Sixty-fifth Where the parties agree that a third performance of its obligations to creditors, the third party fails to perform obligations or the performance does not meet the agreement, the debtor shall bear the liability to the creditor. Sixty-sixth Where the parties owe each other, there is no order of performance, should also perform. Before performance by the other party the right to reject its request. Performance by the other party does not meet contract obligations, the right to refuse to fulfill its corresponding requirements. Sixty-seventh Where the parties owe each other, there has to fulfill the order, the first performance of a party does not comply, the post-performance party has the right to reject its request. Party required to perform before the debt does not meet the agreement, one party the right to refuse to perform after the corresponding performance requirements. Sixty-eighth that shall party to perform first, there is conclusive evidence that the other party, one of the following circumstances may suspend its performance: (a) a serious deterioration in business conditions; (b) the transfer of property, withdrawal of funds, to evade the debt; (c ) loss of business reputation; (d) lost or may lose the capacity of the other cases. There is no conclusive evidence to suspend the performance of the parties, it shall be liable for breach. The parties in accordance with the sixty-ninth the sixty-eighth Article of this Law suspends its performance, shall promptly notify the other party. The other party to provide appropriate security, it shall resume performance. After performance was suspended, the other party within a reasonable time and not regain its ability to provide an appropriate guarantee, the suspending party may terminate the contract. Article ten creditors separation, merger or change of domicile, resulting in difficulties to perform its obligations, the debtor may suspend its performance or escrow the subject matter. Obligee may reject the debtor to discharge debts in advance, but the performance does not harm the interests of creditors ahead of schedule, except. Debtors to creditors in advance of its increased costs of debt by the obligor. Seventy-second part of the creditors the debtor may refuse to perform the debt, but some performance does not harm the interests of creditors other than. Creditors of the debtor part of the performance of its obligations increased costs borne by the obligor.第七 thirteen because of the obligor is indolent in exercising its due creditor, cause damage to creditors, the creditors may request the people's court with their subrogation claims of the debtor, but the claim exclusively obligor. The scope of the exercise of subrogation to the claims of creditors is limited. The exercise of subrogation rights of creditors necessary expenses borne by the obligor.第七 fourteen due by the debtor to give up its claims, or transfers of property, damage to the creditor, the creditor may request the people's court to revoke the debtor's behavior. Obviously unreasonable low price the debtor to transfer property, damage to the creditors and the assignee is aware of the situation, creditors may request the people's court to revoke the debtor's behavior. Exercise of the right to withdraw the scope of the claims of creditors is limited. Creditor the right to revoke the exercise of necessary expenses, by the obligor. Revocation of authority from the seventy-fifth the creditor knows or should know the cause for cancellation within one year from the date of exercise. Since the behavior of the debtor within five years from the date of occurrence does not exercise the right to revoke, the revocation of the right to destroy. Seventy-sixth after the commencement of contracts, the parties shall not name, name change or the legal representative, responsible person, rather than changes in contractors to fulfill the contract obligations. Chapter V contract changes and transfer of 第七十七条 party consensus, can change the contract. Laws and administrative regulations modification shall be approved, registration procedures, in accordance with its provisions. The parties to the contract, seventy-eighth to change the contents of the agreement is not clear, the presumption does not change. Seventy-ninth obligee may be all or part of the contract the right to transfer to a third person, but except in one of the following circumstances: (a) According to the nature of the contract; (b) The agreement between the parties; (c) in accordance with the law is not transferable. Article ten assignment of rights of creditors, it shall notify the debtor. Without notice, the transfer has no effect on the debtor. Notice of assignment of rights of creditors may not be revoked, unless agreed to by the assignee.第八十一条 transfer of rights of creditors, the assignee shall acquire rights-related claims, but the rights exclusively belong to creditors other than their own. Eighty-second creditor of debtor receives notification of the assignment, the debtor's defense of the grantor can claim to the assignee.第 eighty-three transfer of claims received notification of the debtor, the debtor entitled to claim the grantor and the debtor's creditors before the transfer of debt maturity or at the same maturity, the debtor may claim against the assignee.第 eighty-four debtor's obligations under a contract in whole or in part to a third person, shall be subject to creditor approval.第八十五条 debtor's transfer of obligations, the new obligor for the debtor to the creditor that the original defense. Eighty-sixth the transfer of debtor obligations, the new obligor shall assume the obligations related to principal debt, but that the obligations exclusively belong to the original obligor. Eighty-seventh law and administrative regulations assignment of rights or transfer of obligations shall apply for approval and registration procedures, in accordance with its provisions. Eighty-eighth Where a party consent of the other, you can own the rights and obligations of the contract be transferred to the third party. Eighty-ninth together with the transfer of rights and obligations, the applicable provisions in Article nineteen, 第八十一条 to eighty-three, 第八十五条 to the eighty-seventh Article. A party entered into a contract, the ninth after the merger by the merger of legal persons or other organizations to exercise contractual rights and obligations thereunder. Separation of the parties after the conclusion of the contract, in addition to the creditor and the debtor otherwise agreed by the by the discrete legal persons or other organizations on contractual rights and obligations of the joint claim, assume joint and several debt. Chapter VI terminates the rights and obligations of the contract ninety-one one of the following circumstances, termination of contract rights and obligations: (a) The obligations under the contract; (b) contract was terminated; (c) of the debt offset each other; (d ) the obligor escrow the subject matter; (e) the creditor debt relief; (f) the rights and liabilities vested in one person; (g) the law or the parties agreed to terminate the other cases.第九十二条 after the termination of rights and obligations of the contract, the parties shall follow the principle of good faith, used to carry out notification of the transaction, assistance, confidentiality and other obligations. The parties by consensus, may terminate the contract. Party to terminate the contract the parties may agree upon the conditions. The condition for termination of the contract, the right may terminate the contract. Ninety-fourth, one of the following circumstances, the parties may terminate the contract: (a) force majeure purpose of the contract; (b) before the expiry of the performance period, the other party expressly or by its conduct that does not perform its main obligations; (c) of the party delayed in performing the principal debt, after receiving demand still not fulfilled within a reasonable time; (d) the other party delayed performance or any other breach of contract, thereby frustrating the purpose; (e) other circumstances stipulated by law. Ninety-fifth the law or the parties agree to exercise the right of cancellation period, the expiry of the party does not exercise the right to destroy. Law does not stipulate or the parties right to terminate the exercise period is not agreed by the other party within a reasonable time after receiving demand does not exercise the right to destroy. Where one party in accordance with the ninety-sixth purposes of article ninety-three second paragraph, the provisions of article ninety-fourth proposition to terminate the contract, it shall notify the other party. Contract shall inform the other party. The other party objects, may request the people's court or arbitration body effect of termination of the contract. Laws and administrative regulations shall apply for approval to terminate the contract and registration procedures, in accordance with its provisions.第九十七条 after termination of the contract were not met, termination of discharge; has been performed, according to the nature of its implementation and the contract, the parties may require restitution, take other remedial measures and claim compensation for losses. Ninety-eighth Contractual rights and obligations does not affect the contract terms for the settlement effect.第九十九条 each party bear its due debts, the debts of the subject matter in type and quality the same, any party may own debt and the debt offset each other, but in accordance with the law or the nature of the contract, except offset. Claims against the parties, it shall notify the other party. Notice from the other party to take effect. No condition or set-off period. A party has mutual obligations, types of subject matter, quality is not the same, agreed by both parties, can also be offset. Article one of the following circumstances, it is difficult to perform the debt, the debtor may escrow the subject matter: (a) the creditor refuses to accept them without justified reasons; (b) the creditor is missing; (c) the death of his heir or creditor incapacitated guardian is not determined; (d) other circumstances stipulated by law. Subject matter not suitable for escrow, or escrow fees are too high, the obligor may auction or sell the subject matter, escrow the proceeds. Article two escrow the subject matter, except for missing the other creditors, the debtor shall notify the creditor or creditors of the heir, guardian. Article Three escrow the subject matter, the damage, the risk of loss borne by the creditors. Escrow period, the subject matter of the fruits of the creditor. Deposit expenses borne by the obligee. Article four creditors can claim the deposited object at any time, but the creditors bear the debt due to the debtor, creditors or the failure to fulfill obligations to provide security, the escrow according to the requirements of the debtor shall reject the claim the deposited object. Creditor the right to claim the deposited object, since the date of escrow extinguished if not exercised within five years, net of escrow expenses deposited object owned by the State. Article five creditors to waive some or all of the debtor's debts, rights and obligations of the contract in part or in whole. Article six of claims and liabilities by the same person, the rights and obligations of the contract termination, but involves a third party's interests. Chapter VII liability for breach of one hundred and seventh Where a party fails to perform or fulfill the contract obligations according to the contract, shall bear continue to perform, to take remedial measures or compensation for losses. One hundred and eighth If a party expressly or by its conduct that does not fulfill its contractual obligations, the other party can fulfill its commitments before the time of breach of contract. One hundred and ninth Where a party fails to pay the price or remuneration, the other party may request to pay the price or remuneration. One hundred and ten party fails to perform non-monetary obligations or its performance does not meet the agreed upon non-monetary obligations, the other party may require performance, except in one of the following circumstances: (a) the law or in fact unable to perform; (b) debt The subject is unfit for compulsory performance or the cost is too high; (c) the creditor does not require performance within a reasonable time. One hundred and tenth the quality fails comply with the contract shall be in accordance with the agreement of the parties to any penalty. There is no agreement on breach of contract or agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, the injured party according to the nature of the subject and the size of the loss can reasonably choose to request the other party take to repair, replace, remake, return , reducing the price or remuneration, etc. One hundred and twelfth Where a party fails to perform or fulfill the contract obligations according to the agreement, in fulfilling their obligations or take remedial measures, the other party has other losses, it shall pay damages. One hundred and thirteenth Where a party fails to perform or fulfill the contract obligations according to contract, causing damage to the other party, the amount of damages shall be equal to the losses resulting from the breach, including the performance of the contract after a gain, but not more than conclusion of the contract the party in breach foresaw or should have foreseen the breach of contract may result in the loss. Operators to provide goods or services the consumer fraud, in accordance with the One hundred and fourteenth parties may agree should be based on breach of contract breach by a party to the other party to pay a certain amount of liquidated damages, breach of contract can be agreed upon amount of damages resulting from the calculation. Less than the agreed liquidated damages, the parties may request the people's court or an arbitration institution to increase; higher than the agreed liquidated damages resulting from loss of, any party may request the people's court or an arbitration institution to make an appropriate reduction. The parties agreed liquidated damages for delayed performance, the breaching party after payment of liquidated damages, it shall perform the obligations. One hundred and fifteenth parties may in accordance with Performance by the obligor, the deposit shall be offset against the price or recovered. To pay a deposit of one party does not perform the debt, the right to demand return of the deposit; party accepting the deposit does not perform the debt, should be double the return of the deposit. One hundred and sixteenth The parties both agreed liquidated damages, and the deposit agreement, one party, the other party may choose to apply the deposit or liquidated damages clause. One hundred and seventeenth 条 performance of the contract due to force majeure, according to force majeure, in part or in whole exempted from liability, except as otherwise provided by law. Delay in performance of force majeure occurred after the parties and can not be exempted from liability. Law, force majeure means unforeseeable, unavoidable and insurmountable objective conditions. One hundred and eighteenth Where a party is unable to perform the contract due to force majeure, it shall promptly notify the other party in order to mitigate possible losses to the other party, and shall provide proof within a reasonable time. One hundred and nineteenth Where a party defaults, the other party shall take appropriate measures to prevent losses from increasing; failure to take appropriate measures so that the losses, it shall not claim compensation for the loss of expansion. Parties in preventing further loss of reasonable costs incurred by the default party. One hundred and ten both parties breach the contract, they shall bear their respective responsibilities. One hundred twenty a party for breach of contract caused a third person, it shall bear the liability to the other party. And third-party dispute between, according to law or in accordance with the agreed settlement. One hundred and twentieth 二条 breach by a party, against the other person, property rights and interests of the aggrieved party the right to choose in accordance with requirements of this Law in accordance with their liable for breach of other legal requirements or liable for tort. Chapter VIII 百 twenty-three other regulation for contracts in other laws otherwise provided, in accordance with its provisions. One hundred and twentieth 四条 this Law or other law does not expressly provided for the contract, the General Provisions of this Law shall apply, and can refer to this Law or other law which is most similar provisions. One hundred twenty parties concerning the understanding of the terms of the contract dispute, it shall be the words used in accordance with the contract, the relevant provisions of the contract, the purpose of the contract, trade practices and the principle of good faith to determine the true meaning of the clause. Contract in two or more words and it is agreed with the same effect, the words in each version are presumed to have the same meaning. Inconsistent words in each version, it shall be interpreted in accordance with the purpose of the contract. One hundred twenty foreign related parties to the contract may choose the law applicable to contractual disputes, except as otherwise provided by law. Foreign parties to the contract did not choose the applicable law, the contract is most closely connected with the law of the country. Performed in the PRC Sino-foreign joint venture contract, the Sino-foreign contractual joint ventures, Sino-foreign cooperative exploration and development of natural resources, applicable laws of PRC. One hundred and twenty seventh 条 and commercial administrative departments and other relevant administrative departments in their respective areas of competence, in accordance with laws, administrative regulations, the use of contract against the national interests of the public interest violations, responsible for overseeing the processing; form crime shall be held criminally responsible. The parties may one hundred and twenty eighth through conciliation or mediation to resolve contract disputes. Parties do not want to conciliation, mediation or conciliation, mediation is unsuccessful, according to the arbitration agreement to an arbitration institution for arbitration. Foreign parties to the contract arbitration agreement according to the Chinese arbitration institution or other arbitration body for arbitration. The parties do not enter into an arbitration agreement or an arbitration agreement is invalid, can the people's court. The parties shall carry out legally effective judgments, arbitration awards or mediation; refused to comply, the other may request the People's Court. One hundred and twenty ninth 条 for international sale of goods and technology import and export contract dispute filed litigation or arbitration period of four years, the party knows or should know that its rights have been infringed date. Any other contract dispute filed litigation or arbitration period, in accordance with relevant provisions of the law. Chapter one hundred and thirtieth 条 contract for the sale contract for the sale is the seller transfers ownership of an object to the buyer, pays the price. One hundred and thirtieth 一条 contract for the sale of the contents except in accordance with the provisions of Article XII of this Law, may also include packaging, inspection standards and methods of settlement, the contract is written and its authenticity. Sold one hundred and thirtieth 二条 the subject matter, should be owned by the seller or the seller is entitled to sanctions. Laws and administrative regulations prohibit or restrict the transfer of the subject matter, in accordance with its provisions. One hundred and thirtieth 三条 The ownership of the subject matter shall be transferred subject matter, but unless the law or unless otherwise agreed by the parties. One hundred and thirtieth 四条 parties may stipulate in the contract for the sale price or the buyer fails to pay other obligations, the ownership of the subject matter belong to the seller. One hundred and thirtieth 五条 delivered to the buyer the seller shall perform the subject matter or the documents delivered to the subject matter, and the obligation to transfer ownership of the object. One hundred and thirtieth 六条 seller shall deliver to the buyer or the transaction practices documents outside the subject matter of such documents and information. One hundred and thirty seventh 条 a sale of computer software and other intellectual property subject matter, unless otherwise provided by law or as otherwise agreed by the parties, the subject matter of intellectual property rights do not belong to the buyer. One hundred and thirty eighth 条 seller shall deliver the subject matter period. Agreed delivery period, the seller may deliver at any time during the delivery. One hundred and thirty ninth Where the parties do not agree the delivery time or the agreement is not clear, this Law shall apply 第六十一条, the sixth twelve fourth requirement. One hundred and fortieth 条 subject matter before the conclusion of the contract has been possessed by the buyer, the contract becomes effective time of delivery. One hundred and fortieth The seller shall deliver in accordance with the agreed place the subject matter. Parties have not agreed or explicitly agreed place of delivery, in accordance with the provisions of this Law 第六十一条 still can not be determined, the following provisions apply: (a) the subject matter needs carriage, the seller shall deliver the subject matter to the first carrier transmission to the buyer; (b) the subject matter does not need transportation, the seller and buyer entered into a contract to know the subject matter in a particular place, the seller shall deliver the object at that location; do not know the subject matter in a a location, it shall enter into the contract of the seller to deliver the subject matter of business. One hundred and fortieth 二条 subject matter damage, the risk of loss in the subject matter borne by the seller prior to delivery, after delivery by the buyer, but unless the law or unless otherwise agreed by the parties. One hundred and fortieth 三条 due to causes of the buyer subject matter can not deliver the agreed time limit, the buyer shall bear the date of breach of the subject matter damage, the risk of loss. One hundred and fortieth 四条 seller sells in transit by the carrier for carriage subject matter, unless otherwise agreed by the parties, damage, risk of loss from the time the contract was established by the buyer. One hundred and fortieth the parties concerning the place of delivery is not agreed or explicitly agreed, in accordance with provisions of Article forty-one the first paragraph the provisions of the subject matter needs carriage, the seller delivers the subject matter to the first carrier , the subject matter damage, the risk of loss borne by the buyer. One hundred and fortieth 六条 seller in accordance with the agreement or in accordance with provisions of Article forty-one the provisions of the second paragraph will be placed in the subject matter of the place of delivery, the buyer did not receive breach of the agreement, the subject matter is damaged or lost risk from the date of breach by the buyer. One hundred and forty seventh 条 accordance with the contract seller does not deliver the subject matter of the documents and materials, does not affect the subject matter damage, risk of loss transfers. One hundred and forty eighth 条 because the subject matter to meet the quality requirements, thereby frustrating the purpose of the contract, the buyer may refuse to accept the object or terminate the contract. The buyer refused to accept the object or terminate the contract, the subject matter damage, the risk of loss borne by the seller. One hundred and forty ninth 条 damage to the subject matter, the risk of loss borne by the buyer, the seller does not affect the performance of its obligations by not conforming to demand the seller liable for breach of rights. One hundred and fifty 条 seller to deliver the subject matter, shall not be liable to ensure that third party any rights against the buyer's obligations, except as otherwise provided by law. One hundred and fifty Where the buyer entered into the contract the third party knows or should know the subject matter of the sale of rights, the seller does not assume the provisions in Article fifty obligations. One hundred and fifty 二条 buyer has conclusive evidence that the third party may claim rights to the subject matter, and may withhold payment of the purchase price accordingly, but except for the seller to provide appropriate security. One hundred and fifty 三条 seller shall deliver the subject matter of the quality requirements. The quality of the subject matter, the seller explained, the subject matter delivered shall comply with the quality requirements. One hundred and fifty 四条 for the subject matter of the quality requirements not prescribed or not clear, in accordance with the provisions of this Law 第六十一条 can not be determined, the applicable provisions of Article the provisions of the first twelve. One hundred and fifty 五条 the subject matter delivered by the seller does not meet the quality requirements, the buyer in accordance with this Law, the provisions of article one hundred and tenth requirements of any penalty. One hundred and fifty 六条 seller shall deliver the subject matter of packaging. Packing method was not agreed or the agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined, shall be in accordance with the common methods of packaging, there is no general manner, shall be adequate to protect the subject matter of packaging. One hundred and fifty seventh The buyer receives the subject matter, the test should be agreed upon during the test. There is no inspection period is agreed, it shall promptly test. One hundred and fifty eighth Where the parties agreed inspection period, the buyer during the inspection will be the subject matter the quantity or quality does not meet the conditions agreed upon notice to the seller. Buyer delayed in notifying the subject matter as the quantity or quality comply with the contract. Where no inspection period, the buyer should be found or should have discovered the quantity or quality does not comply with the contract notice to the seller within a reasonable period. If the buyer fails to notify within a reasonable period or since the date of receipt of the subject matter fails to notify the seller within two years, as the subject matter of the quantity or quality comply with the contract, but the subject matter of quality guarantee period, the applicable quality assurance period does not apply to the two year period. The seller knows or should know of the subject matter does not comply with the contract, the buyer informed the preceding two paragraphs from the time limit. One hundred and fifty ninth buyer shall pay the price in accordance with the agreed amount. The price is not agreed or the agreement is not clear, this Law shall apply 第六十一条, the sixth twelve second requirement. One hundred and sixty buyer shall pay the price in accordance with the agreed place. Place of payment was not prescribed or not clear, in accordance with the provisions of this Law 第六十一条 can not be determined, the buyer shall pay the seller's place of business, but agreed to pay the price to deliver the subject matter or the delivery of the object alone conditional permit, the subject matter of delivery or handing over the documents to the location of the subject to pay. One hundred and sixty buyer shall pay the price in accordance with the agreed time. The time for payment is not agreed or explicitly agreed, in accordance with the provisions of this Law 第六十一条 still can not be determined, the buyer should be in receipt of the subject matter or the subject matter at the same time payment documents. One hundred and sixty 二条 seller delivers the subject matter, the buyer may accept or reject the excess part. Buyer accepts the excess part, the price of the contract to pay the price; the buyer refuses to accept the excess, it shall promptly notify the seller. One hundred and sixty 三条 subject matter arising prior to the delivery of fruits, owned by the seller, after delivery of the fruits produced, owned by the buyer. One hundred and sixty 四条 the main thing because of the subject matter does not comply with the contract and terminate the contract, terminate the contract and in effect from the material. Because of the subject matter from the material does not meet the contract is terminated, the effect of termination is less than the main components. One hundred and sixty 五条 number of objects the subject matter, one of which does not comply with the contract, the buyer may terminate the relation, but the separation of property and other items to the value of the subject matter was damaged, the parties may object to the number of terminate the contract. One hundred and sixty 六条 partial delivery of the subject matter of the seller, the seller of one batch of object failure to deliver or do not comply with the contract, leading portion of the contract can not be achieved purpose of the contract, the buyer may on the portion of the contract terminate. Seller fails to deliver one batch of object or the delivery does not meet the agreement, resulting in the subsequent batches of the subject matter of the contract can not be achieved the purpose of delivery, the buyer may batch and other batches of objects for future disarmament. If the buyer subject to a number of them to terminate the portion of the subject matter with other batch of which is interdependent, and may have been delivered and undelivered batches of objects removed.第一 The Regulations of the buyer fails to pay installments due the delinquent amount to one fifth of the total price, the seller may require payment of the full purchase price or terminate the contract. Seller terminates the contract, may require the buyer to pay royalties to the subject matter. One hundred and sixty eighth 条 sale by sample, the parties shall seal the sample, and can specify the quality of the sample. The subject matter delivered by the seller with the sample should be the same quality. One hundred and sixty ninth 条 sale by sample, the buyer is not aware of a latent defect samples, even though the subject matter delivered with the sample, the subject matter delivered by the seller shall still meet the normal standards of the same species. One hundred and seventieth 条 sale by trial, the parties may agree the trial period. Trial period is not agreed or the agreement is not clear, in accordance with the provisions of this Law 第六十一条 still can not be determined by the seller. One hundred and seventieth a sale by trial during the trial period the buyer can purchase the subject matter, you can not buy. The trial period, the buyer whether to purchase the subject matter of the absence, he is deemed to buy. One hundred and seventieth 二条 bidding trading rights and obligations of the parties and the tendering procedures, in accordance with relevant laws and administrative regulations. One hundred and seventieth 三条 auction the rights and obligations of the parties and the auction procedures, paul smith bag, in accordance with relevant laws and administrative regulations. One hundred and seventieth 四条 other paid the contract law provisions, in accordance with its provisions; not provided, with reference to the relevant provisions on sales contracts. One hundred and seventieth barter agreement the parties concerning the transfer of title to the subject matter, with reference to the relevant provisions on sales contracts. Chapter X for electricity, water, gas, heat 百 seventy-six the first contract for electricity supply contract to the power supply, consumer pay an electricity contract. One hundred and seventy seventh 条 power supply contract covers the supply of the method, quality, time, electricity capacity, location, nature, metering method, electricity, electricity in the settlement, the responsibility for the maintenance of power facilities and other provisions. One hundred and seventy eighth 条 power supply contract place of performance prescribed by the parties; if not prescribed or clearly prescribed, and power supply facilities at the property boundary to the place of performance. One hundred and seventy ninth 条 person shall, in accordance power supply quality standards and safety of electricity supply contract. Who fail to comply with the provisions of electricity supply quality standards and safety of electricity supply contract, resulting in losses to the power shall be liable for damages. One hundred and eightieth ten supply due to power supply facilities planned maintenance, temporary maintenance, according to limited power, or the illegal use of electricity and other reasons, need to interrupt power supply, shall, in accordance with relevant State regulations prior notice of electricity. Without prior notice to interrupt supply of electricity, resulting in losses to the power shall be liable for damages. One hundred and eightieth If, due to natural disasters and other causes, the power supply in accordance with relevant state regulations shall make prompt repairs. Not timely repair, thereby causing losses to the power shall be liable for damages. One hundred and eightieth 二条 power shall, in accordance with relevant state regulations and the terms of the contract and timely delivery of electricity. Delays in paying the electricity tariff, shall pay the prescribed penalty. Receiving demand of electricity is still in the delivery of electricity within a reasonable time and liquidated damages, the power supplier may terminate in accordance with the procedures prescribed by the state power. One hundred and eightieth 三条 power shall, in accordance with relevant state regulations and the terms of the contract safe use of electricity. Electricity were not in accordance with relevant state regulations and the parties agreed safe use of electricity, resulting in the loss of the power supplier shall be liable for damages. One hundred and eightieth 四条 for water, for gas for heating the contract with reference to the relevant provisions of the contract for electricity. Chapter XI of the first contract 百 eighty-five gift gift gift contract is the property of their own free will given to the donee, the donee accepted the gift of the contract. One hundred and eightieth 六条 gift to the gift property before the transfer of rights to revoke the gift. With disaster relief, poverty and other social welfare, the nature of moral obligation or a gift contract gift contract is notarized, the preceding paragraph shall not apply. One hundred and eighty seventh A gift of property to go through registration formalities according to law, it shall complete the formalities. One hundred and eighty eighth treaty with disaster relief, poverty and other social welfare, the nature of moral obligation or a gift contract gift contract is notarized, the donor does not deliver the gift property, the donee may request delivery. One hundred and eighty ninth 条 intentionally or by gross negligence of the donor resulting in the gift property is damaged or lost, the donor shall be liable for damages. One hundred and ninetieth gift may be subject to obligations. Obligations attached to the gift, the donee shall be in accordance with the agreed obligations. One hundred and ninetieth 一条 the donated property is defective, the donor is not liable. Obligations attached to the gift, the gift of the property is defective, the donor within the limits of the obligations attached to assume the same responsibility with the seller. Deliberately do not tell the donor defect or guarantee flawless, causing loss to the donee shall be liable for damages. One hundred and ninetieth Where the donee is one of the following circumstances, the donor may revoke the gift: (a) serious violations of human donor or a close relative; (b) to the donor fails to comply with support obligations; (c ) does not fulfill obligations under the gift contract. The donor's revocation right to know or should know the reasons for withdrawal within one year from the date of exercise. One hundred and ninetieth 三条 violations caused by the gift recipient is deceased or incapacitated, the donor, his heir or legal representative may revoke the gift. The donor's heirs or legal representative of the revocation right to know or should know the reasons for cancellation within six months from the date of exercise. One hundred and ninetieth 四条 revoke the owner revoke the gift, the recipient can request the return of the donated property. One hundred and ninetieth 五条 the donor's economic situation has deteriorated significantly, seriously affected his business operation or family life can be the gift obligations. Supplementary four hundred and twenty eighth of this Law from October 1, 1999 shall come into force, the Note: Due to word the control of the twenty-three chapters XII to visit the government website. Related books. Contract Law of the People's Republic: Law Press Center Press and regulations: Law Press, pages: 172 Publication Date: 2006 ISBN: 7503663219 Barcode: 9787503663215 version: September 2006 1st Edition Binding: Paperback Book Size: 32 Description of Contract Law to open, [1] General Principles of Civil Law, the Supreme Court on the application of (second instance). Recommended media in today's society, increasing the role of the law, involving all aspects of social life. However, the obscure jargon, difficult legal theory, the vast and complex legislative system, the inherent characteristics of these laws, but had become a reader to understand and master the legal obstacles. Ben Taoshu has the following characteristics: (1) authority of the department for approval. Books chosen by the Legislative Affairs Commission of the NPC Standing Committee, State Council Legislative Affairs Office of the comrades of the relevant legislative approval, the accuracy of the authority; (2) The law applies to feed. Each book is written by the legislature of the Act relevant experts for feed, to help readers of every spirit and essence of the law to have a deeper understanding; (3) Zhongdianfatiao comments. Notes to the provisions of Chongdianfatiao, and each section is to extract the text of the subject, to help the reader an accurate understanding of the content of articles; (4) The regulations case index. Provisions of laws and regulations associated with the index and the associated appendix case index to help readers fully grasp the system of legal norms, and will end all legal theory to practical cases; (5), supporting regulations. Appendix end of the book some of the more important laws, regulations and judicial interpretations, so that readers in the use of more convenient and practical. List of the principle of public order and good morals according to Article VIII of Chapter II established validity of the contract is entered into the contract the ability to contract Article IX Article X Article XI in the form of a written contract, Article XII of the contents of the contract means a contract of Article XIII of Article XIV Article XV offer offer entry into force of Article XVI invited to offer to withdraw the offer of Article XVII Article XVIII Article XIX offer revoked the offer may not be revoked in the case Diershitiao commitment to offer a definition of failure of the twenty-commitment way to the twenty-twenty-two commitment period of the three commitment period of twenty-four twenty-five contract is the starting point of time entry into force of the twenty-six twenty-seventh 条 committed to offering substantive offer 第二 the twenty-eighth the new commitment to the third late nineteen ten commitment to offer substantive change 第三十一条 commitment to non-substantive changes to the offer ... ... More Atlas Atlas entries References 1
books
Contract Law ( Note the)
Further reading: 1
http://www.zhuoyuewangshangshucheng....219222011.html
Open Category: law, contract me to improve the entries:
|
|
|
Thread Tools |
Search this Thread |
|
|
Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT. The time now is 04:42 PM.
|
|