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Contract Law of the People's Republic of China

Published: 2016-08-10 10:12:22 Author: Stand edit Views: Times

Contract Law of the People's Republic of China

Order of the President of the People's Republic of China (No. 15 of the Ninth Session)


The "Contract Law of the People's Republic of China" was adopted by the Second Session of the Ninth National People's Congress of the People's Republic of China on March 15, 1999, and is now promulgated, effective October 1, 1999.

President of the People's Republic of China Jiang Zemin
March 15, 1999

 

Contract Law of the People's Republic of China

General rule

Chapter I General Provisions

Article 1 This Law is enacted in order to protect the lawful rights and interests of the parties to the contract, maintain social and economic order, and promote socialist modernization.

Article 2 A contract referred to in this law is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, change, or terminate civil rights and obligations.

Agreements on identity, such as marriage, adoption, and guardianship, shall be governed by other laws.

Article 3 The parties to a contract have equal legal status, and one party must not impose their will on the other party.

Article 4 The parties have the right to conclude a contract voluntarily according to law, and no unit or individual may illegally interfere.

Article 5 The parties shall follow the principle of fairness to determine the rights and obligations of all parties.

Article 6 The parties shall follow the principle of good faith in exercising their rights and performing their obligations.

Article 7 When entering into and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disrupt the social and economic order and harm public interests.

Article 8 A lawfully established contract is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not alter or terminate the contract without authorization.

Contracts established according to law are protected by law.

Chapter II Conclusion of Contracts

Article 9 When entering into a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct. The parties may entrust an agent to conclude a contract according to law.

Article 10 The parties conclude a contract in written, oral and other forms.

Where laws and administrative regulations require written form, it shall be in written form. Where the parties agree to adopt a written form, the written form shall be adopted.

Article 11 The written form refers to the form in which contracts, letters, and data messages (including telegrams, telexes, facsimiles, electronic data interchange, and e-mails) can tangibly express the contents contained therein.

Article 12 The content of the contract is agreed upon by the parties and generally includes the following terms:

(1) the names of the parties or their names and domiciles;

(2) the subject matter;

(3) quantity;

(D) quality;

(5) price or remuneration;

(6) the time limit, place and method of performance;

(7) liability for breach of contract;

(8) Methods for resolving disputes.

The parties may conclude the contract by referring to the model text of various types of contracts.

Article 13 The parties conclude a contract by adopting an offer or commitment.

Article 14 An offer is an expression of interest in wishing to conclude a contract with another person. The expression of interest shall meet the following requirements:

(1) The content is specifically determined;

(2) Indicating that the offeror has accepted the promise, the offeror is bound by that expression.

Article 15 An invitation to offer is an expression of intention to expect others to send out an offer to themselves. The price list, auction announcement, bidding announcement, prospectus, commercial advertisement, etc. sent are invitations for the offer.

Where the content of a commercial advertisement meets the requirements of the offer, it is deemed to be the offer.

Article 16 The offer becomes effective when it reaches the offeree.

When a contract is concluded in the form of a data message and the recipient designates a specific system to receive the data message, the time when the data message enters the specific system is deemed to be the time of arrival; if no specific system is specified, the data message enters any system of the recipient The first time is regarded as the time of arrival.

Article 17 The offer may be withdrawn. The notice of withdrawal of the offer shall reach the offeree before or at the same time as the offer.

Article 18 The offer may be revoked. The notice of cancellation of the offer shall reach the offeree before the offeree issues a notice of commitment.

Article 19 An offer cannot be revoked under any of the following circumstances:

(1) The offeror has confirmed the time limit for commitment or stated otherwise that the offer is irrevocable;

(2) The offeree has reason to believe that the offer is irrevocable and has made preparations for performing the contract.

Article 20 An offer becomes invalid in any of the following circumstances:

(1) the notice of rejection of the offer reaches the offeror;

(2) the offeror revokes the offer in accordance with law;

(3) When the time limit for the commitment expires, the offeree fails to make a commitment;

(4) The offeree makes substantial changes to the content of the offer.

Article 21 A promise is an expression of intention by the offeree to agree to the offer.

Article 22 Commitments shall be made by way of notification, except where it is shown that commitments can be made through acts based on trading habits or offers.

Article 23 The undertaking shall reach the offeror within the time limit determined by the offer.

If the offer does not set a time limit for the commitment, the commitment shall arrive in accordance with the following provisions:

(1) Where the offer is made through dialogue, an immediate commitment shall be made, unless the parties agree otherwise;

(2) Where the offer is made in a non-dialogue manner, the commitment should arrive within a reasonable time.

Article 24 Where an offer is made by letter or telegram, the time limit for the commitment shall be calculated from the date stated in the letter or the day the telegram is delivered. If the letter does not specify the date, it shall be counted from the postmark date of posting the letter. If the offer is made by telephone, fax, or other fast communication methods, the commitment period begins when the offer reaches the offeree.

Article 25 The contract is established when the commitment takes effect.

Article 26 The commitment notice takes effect when it reaches the offeror. Where a commitment does not require notification, it takes effect when an act of commitment is made in accordance with trading habits or the requirements of the offer.

Where a contract is concluded in the form of a data message, the time of the promised arrival shall be governed by the provisions of Article 16 (2) of this Law.

Article 27 The commitment can be withdrawn. The notice of withdrawal of the commitment shall reach the offeror before or at the same time as the commitment notice.

Article 28 If the offeree issues a commitment beyond the time limit for the commitment, it is a new offer except that the offeree informs the offeree in a timely manner that the commitment is valid.

Article 29 The offeree issues a commitment within the commitment period, and can reach the offeror in a timely manner under normal circumstances, but if the commitment has reached the offeror for other reasons and exceeds the commitment period, the offeror shall promptly notify the offeree because the commitment exceeds the time limit Except those who do not accept the promise, the promise is valid.

Article 30 The content of the promise shall be consistent with the content of the offer. If the offeree makes substantial changes to the content of the offer, it is a new offer. Changes in the subject matter of the contract, quantity, quality, price or remuneration, time limit for performance, place and method of performance, liability for breach of contract, and method of dispute settlement are substantial changes to the content of the offer.

Article 31 Where a promise to make non-substantive changes to the content of the offer, the promise is valid, except that the offeror has expressed opposition in a timely manner or the offer indicates that it must not make any changes to the content of the offer. quasi.

Article 32 Where a party concludes a contract in the form of a contract, the contract is established when both parties sign or seal it.

Article 33 If the parties conclude a contract by letter, data message, etc., they may require a confirmation letter before the contract is established. The contract was established when a confirmation letter was signed.

Article 34 The place where the commitment takes effect is the place where the contract is established.

Where a contract is concluded in the form of a data message, the principal place of business of the recipient is the place where the contract is established; if there is no main place of business, its usual place of residence is the place where the contract was established. The parties have agreed otherwise, in accordance with its agreement.

Article 35 Where the parties enter into a contract in the form of a contract, the place where the two parties sign or seal is the place where the contract is established.

Article 36 Where a contract is stipulated by law or administrative regulations or the parties agree to enter into a contract in written form, the contract is established if the parties do not adopt the written form but one party has performed their main obligations and the other party accepts it.

Article 37 A contract is concluded in the form of a contract. Before signing or stamping, one party has performed its main obligations and the other party accepts the contract.

Article 38 If the State issues a directive task or a state order task as required, relevant legal persons and other organizations shall conclude a contract in accordance with the rights and obligations stipulated in relevant laws and administrative regulations.

Article 39 When entering into a contract with formal terms, the party providing the formal terms shall determine the rights and obligations between the parties in accordance with the principle of fairness, and shall take reasonable measures to draw the other party ’s attention to the clauses which exempt or limit their liability, in accordance with the other party ’s requirements , Explain the clause.

The standard clauses are clauses that the parties have drawn up in advance for repeated use and have not negotiated with the other party when concluding the contract.

Article 40 The format clause is invalid if it has the circumstances stipulated in Articles 52 and 53 of this Law, or if the party providing the format clause relieves its responsibility, aggravates the other party's liability, or excludes the other party's main rights.

Article 41 If there is a dispute over the understanding of the format clauses, it shall be interpreted in accordance with ordinary understanding. Where there are two or more interpretations of the format clauses, an explanation that is not conducive to the party providing the format clauses shall be made. If the format clause and the non-format clause are inconsistent, the non-format clause shall be adopted.

Article 42 If the parties have any of the following circumstances in the process of entering into a contract and cause losses to the other party, they shall be liable for damages:

(1) Negotiating in bad faith by entering into a contract;

(2) intentionally concealing important facts related to the conclusion of the contract or providing false information;

(3) Other acts that violate the principle of good faith.

Article 43 The commercial secrets that the parties have learned during the process of entering into a contract shall not be disclosed or used improperly, whether or not the contract is established. Anyone who discloses or improperly uses the trade secret to cause losses to the other party shall be liable for damages.

Chapter III Effect of Contract

Article 44 A contract established in accordance with the law shall take effect when it is established.

Where laws and administrative regulations require that approval, registration and other formalities take effect, such provisions shall be followed.

Article 45 The parties may agree to attach conditions to the validity of the contract. Contracts with conditions of entry into force shall become effective when the conditions are fulfilled. Contracts subject to termination conditions shall lapse when the conditions are fulfilled.

If the parties improperly prevent the achievement of the conditions for their own interests, the conditions are deemed to have been achieved; if the parties improperly promote the conditions to achieve, the conditions are deemed to be unfulfilled conditions.

Article 46 The parties may agree on a time limit for the validity of the contract. A contract with an effective period shall become effective when the period expires. A contract with a termination period expires when the period expires.

Article 47 A contract entered into by a person with limited capacity for civil conduct shall be valid after being ratified by a legal agent, but a contract that is purely profitable or a contract made in accordance with its age, intelligence, and mental health status need not be subject to legal requirements The agent ratified.

The counterparty may urge the legal agent to ratify it within one month. Failure to do so by the legal agent shall be deemed as refusal to ratify. Before a contract is ratified, a bona fide counterparty has the right to cancel it. The withdrawal shall be made by means of notice.

Article 48 A contract concluded in the name of the principal after the actor has no agency right, surpasses the agency right, or terminates the agency right, and the party does not have any effect on the principal without ratification by the principal, and the actor bears responsibility.

The counterparty may urge the person to be confessed within one month. Failure to make representations by the principal shall be deemed as refusal to ratify. Before a contract is ratified, a bona fide counterparty has the right to cancel it. The withdrawal shall be made by means of notice.

Article 49 When an actor does not have the agency right, surpasses the agency right or terminates the agency right to conclude a contract in the name of the principal, and the counterparty has reason to believe that the actor has the agency right, the agency behavior is effective.

Article 50 In a contract concluded by a legal person or legal representative or person in charge of another organization that exceeds its authority, the representative acts effectively unless the counterparty knows or should know its authority.

Article 51 Where a person without the right to dispose of a person disposes of the property of another person, the right of disposition is obtained after being ratified by the right holder or after the person without the right of disposition enters into a contract.

Article 52 The contract shall be invalid in any of the following circumstances:

(1) One party concludes a contract by means of fraud or coercion, which harms national interests;

(2) malicious collusion that harms the interests of the state, the collective, or a third party;

(3) concealing illegal purposes in legal forms;

(4) harming public interests;

(5) Violating the mandatory provisions of laws and administrative regulations.

Article 53 The following exemption clauses in the contract are invalid:

(1) causing personal injury to the other party;

(2) Where the property of the other party is lost due to intentional or gross negligence.

Article 54 One of the parties to the following contract has the right to request the people's court or arbitration institution to change or cancel it:

(1) Concluded due to major misunderstanding;

(2) It is obviously unfair when entering into a contract.

If a party uses fraud, duress or threats to cause the other party to enter into a contract that violates its true meaning, the injured party has the right to request the people's court or arbitration institution to change or cancel it.

If a party requests a change, the people's court or arbitration institution may not revoke it.

Article 55 The right to revocation shall be extinguished in any of the following circumstances:

(1) The parties with the right of revocation have not exercised the right of revocation within one year from the date when they knew or should know the reason for the revocation;

(2) The party with the right of revocation shall make it clear after knowing the reason for the revocation or give up the right of revocation by his own act.

Article 56. Invalid contracts or cancelled contracts are not legally binding from the beginning. If part of the contract is invalid and does not affect the effectiveness of the other parts, the other parts are still valid.

Article 57 If a contract is invalid, revoked or terminated, it does not affect the validity of the provisions on dispute settlement methods that exist independently in the contract.

Article 58 After the contract is invalidated or cancelled, the property acquired as a result of the contract shall be returned; if it cannot be returned or is not necessary to be returned, it shall be compensated at a discount. The party that is at fault shall compensate the other party for the losses suffered thereby. If both parties are at fault, they shall each bear corresponding responsibilities.

Article 59 If the parties engage in malicious collusion and damage the interests of the state, the collective, or a third party, the property thus acquired shall be owned by the state or returned to the collective or third party.

Chapter IV Performance of the Contract

Article 60 The parties shall fully perform their obligations in accordance with the agreement.

The parties should follow the principle of good faith and perform notification, assistance, confidentiality and other obligations in accordance with the nature, purpose and trading habits of the contract.

Article 61 After the contract comes into effect, if the parties have not agreed on the quality, price or remuneration, or the place of performance, or the agreement is not clear, they may be supplemented by agreement; if no supplementary agreement can be reached, it shall be determined in accordance with the relevant terms of the contract or transaction habits.

Article 62 If the parties are unclear about the contents of the contract and cannot be determined in accordance with the provisions of Article 61 of this Law, the following provisions shall apply:

(1) If the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; if there are no national standards or industry standards, they shall be performed in accordance with common standards or specific standards that meet the purpose of the contract.

(2) If the price or remuneration is not clear, it shall be performed at the market price of the place where the contract was performed at the time of conclusion of the contract; if the government pricing or government guidance price shall be implemented according to law, the performance shall be performed in accordance with the regulations.

(3) Where the place of performance is unclear, if the currency is paid, it will be performed at the location of the party that accepts the currency; if the real property is delivered, it will be performed at the location of the real property;

(4) If the performance period is unclear, the debtor may perform at any time, and the creditor may request performance at any time, but the other party shall be given the necessary preparation time.

(5) If the method of performance is unclear, the performance shall be performed in a manner conducive to the realization of the purpose of the contract.

(6) If the burden of performance costs is unclear, it shall be borne by the party performing the obligations.

Article 63 Where the government pricing or government guidance price is implemented, when the government price is adjusted within the delivery period agreed in the contract, the price shall be calculated at the time of delivery. If the target object is overdue, the original price will be applied when the price increases, and the new price will be applied when the price decreases. If the subject matter is overdue or the payment is overdue, the new price will be applied when the price increases, and the original price will be applied when the price decreases.

Article 64 If the parties agree that the debtor shall perform the debt to a third party, the debtor fails to perform the debt to the third party or the performance of the debt does not comply with the agreement, and shall be liable to the creditor for breach of contract.

Article 65 Where the parties agree that a third party shall perform the debt to the creditor, if the third party fails to perform the debt or the performance of the debt does not comply with the agreement, the debtor shall bear the liability for breach of contract to the creditor.

Article 66 If the parties have mutual debts and there is no order of performance, they shall be performed simultaneously. One party has the right to refuse its performance request before the other party performs. When one party's performance of a debt does not meet the agreement, one party has the right to refuse its corresponding performance requirements.

Article 67 The parties are liable for each other's debts in the order of performance. If the party performing first fails to perform, the party performing later has the right to refuse its performance requirements. If the performance of the debt by the party performing first does not meet the agreement, the party performing later has the right to reject its corresponding performance requirements.

Article 68 The party that should perform the debt first may suspend the performance if it has clear evidence that the other party has one of the following circumstances:

(1) The business conditions have deteriorated severely;

(2) transfer of property and withdrawal of funds to avoid debts;

(3) loss of commercial reputation;

(4) Other circumstances in which the debt performance ability is lost or may be lost. If the parties have no precise evidence to suspend performance, they shall bear the liability for breach of contract.

Article 69 If a party suspends performance in accordance with the provisions of Article 68 of this Law, it shall promptly notify the other party. When the other party provides an appropriate guarantee, it shall resume performance. After suspension of performance, if the other party fails to restore performance within a reasonable period of time and fails to provide appropriate guarantees, the party that suspended performance may terminate the contract.

Article 70 Where the creditor does not notify the debtor of the division, merger or change of residence, which makes it difficult to perform the debt, the debtor may suspend the performance or deposit the subject matter.

Article 71 A creditor may refuse the debtor's early performance of the debt, except that the early performance does not harm the interests of the creditor.

The debtor's additional costs to the creditor for early performance of the debt shall be borne by the debtor.

Article 72 The creditor may refuse the debtor to partially perform the debt, except that the partial performance does not harm the interests of the creditor.

The additional cost to the creditor due to the debtor's partial performance of the debt shall be borne by the debtor.

Article 73 Where the debtor is inadequate to exercise its due creditor's rights and cause damage to the creditor, the creditor may request the people's court to exercise the debtor's creditor's rights in his own name, except that the creditor's rights are exclusive to the debtor itself.

The scope of the subrogation right is limited to the creditor's claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

Article 74 Where the debtor renounces its due creditor's rights or transfers property for free, the creditor may request the people's court to cancel the debtor's behavior. If the debtor transfers property at a significantly unreasonably low price, causing damage to the creditor, and the assignee knows the situation, the creditor may also request the people's court to revoke the debtor's behavior.

The scope of exercise of the right of revocation is limited to the creditor's claims. The necessary expenses for the creditor to exercise the right of revocation shall be borne by the debtor.

Article 75 The right of revocation shall be exercised within one year from the date on which the creditor knows or should know the reason for the revocation. If the right of revocation has not been exercised within five years from the date of the debtor's behavior, the right of revocation is extinguished.

Article 76 After the contract becomes effective, the parties shall not perform their contractual obligations due to changes in their names or names, or changes in their legal representatives, principals, and contractors.

Chapter V Alteration and Transfer of Contracts

Article 77 The parties may change the contract through consensus.

Where laws and administrative regulations require that formalities such as approval, registration, etc. be changed for contract modification, such provisions shall be followed.

Article 78 If the parties do not agree on the content of the contract change, it is presumed to be unchanged.

Article 79 A creditor may transfer all or part of the contract's rights to a third party, except in one of the following circumstances:

(1) Not transferable according to the nature of the contract;

(2) Not transferable as agreed by the parties;

(3) Not transferable in accordance with the law.

Article 80 Where a creditor assigns rights, it shall notify the debtor. Without notice, the assignment has no effect on the debtor.

The notice of the creditor's transfer of rights shall not be revoked, except where the consent has been obtained.

Article 81 Where a creditor assigns rights, the assignee acquires a subordinate right related to the creditor's right, except that the subordinated right is exclusive to the creditor itself.

Article 82 After the debtor receives the notice of the transfer of creditor's rights, the debtor may argue against the assignor against the assignee.

Article 83 When the debtor receives the notice of the transfer of creditor's rights, the debtor enjoys the creditor's rights to the assignor, and the debtor's creditor's rights expire before or at the same time as the creditor's rights to be transferred, the debtor may claim offset against the assignee.

Article 84 Where the debtor transfers all or part of the contract's obligations to a third party, the creditor's consent shall be obtained.

Article 85 Where the debtor transfers its obligations, the new debtor may assert the defense of the original debtor against the creditor.

Article 86 If the debtor transfers its obligations, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt is exclusive to the original debtor itself.

Article 87 Where laws or administrative regulations stipulate that transfer of rights or transfer of obligations shall be subject to approval, registration, etc., such provisions shall be followed.

Article 88 With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.

Article 89 Where rights and obligations are transferred together, the provisions of Articles 79, 81 to 83, and 85 to 87 of this Law shall apply.

Article 90 If the parties merge after the contract is concluded, the merged legal person or other organization shall exercise the contractual rights and perform the contractual obligations. If the parties divide after entering into a contract, unless otherwise agreed by the creditor and the debtor, the separated legal person or other organization shall enjoy joint claims on the rights and obligations of the contract and assume joint liabilities.

Chapter VI Termination of Rights and Obligations of the Contract

Article 91 Under any of the following circumstances, the contract's rights and obligations are terminated:

(1) the debt has been performed in accordance with the agreement;

(2) the contract is terminated;

(3) offsetting debts;

(4) The debtor deposits the subject matter according to law;

(5) Creditors' forgiveness of debts;

(6) creditor's rights and debts belong to one person;

(7) Other circumstances stipulated by law or the parties agree to terminate.

Article 92 After the contract's rights and obligations are terminated, the parties shall follow the principle of good faith and perform notification, assistance, and confidentiality obligations in accordance with transaction habits.

Article 93 The parties may terminate the contract through consensus.

The parties may agree on the conditions for one party to terminate the contract. When the conditions for rescission of the contract are satisfied, the right of rescission can be rescinded.

Article 94 In any of the following circumstances, the parties may terminate the contract:

(1) the contract purpose cannot be achieved due to force majeure;

(2) Before the expiration of the period of performance, one of the parties expressly expresses or demonstrates by their actions that they have not performed the main debt;

(3) one of the parties has delayed the performance of the main debt and has not fulfilled it within a reasonable time after being called;

(4) the delay in the performance of the debt by one of the parties or other breach of contract renders the purpose of the contract impossible;

(5) Other circumstances required by law.

Article 95 If the law stipulates or the parties agree on a time limit for exercising the right to rescind, if the party does not exercise after the time limit expires, the right shall be extinguished.

If the law does not stipulate or the parties do not agree on the time limit for exercising the right to dismiss, and the party does not exercise it within a reasonable period after being urged by the other party, the right shall be eliminated.

Article 96 If one of the parties claims to terminate the contract in accordance with the provisions of Article 93 (2) and Article 94 of this Law, it shall notify the other party. The contract is terminated when the notice reaches the other party. If the other party disagrees, it may ask the people's court or arbitration institution to confirm the validity of the termination of the contract.

Where laws and administrative regulations stipulate that formalities such as approval and registration shall be completed for the termination of a contract, such provisions shall be followed.

Article 97 If the contract has not been performed after the termination of the contract, the performance shall be terminated; if the contract has been performed, the parties may request the restoration of the original status, take other remedial measures, and have the right to claim compensation for losses.

Article 98 The termination of the contract's rights and obligations does not affect the validity of the settlement and liquidation clauses in the contract.

Article 99 If the parties have debts due to each other and the type and quality of the underlying objects of the debt are the same, either party can offset its own debt with the debt of the other party, except that it cannot be offset in accordance with the law or the nature of the contract .

If the parties claim to offset, they should notify the other party. The notification takes effect when it reaches the other party. Offsets must not be conditional or time-bound.

Article 100 If the parties are indebted to each other and the types and qualities of the subject matter are not the same, they can also be offset through mutual agreement.

Article 101 Under any of the following circumstances, where it is difficult to fulfill the debt, the debtor may deposit the subject matter:

(1) The creditor refuses to receive it without justification;

(2) The whereabouts of creditors are unknown;

(3) The creditor's death has not been determined, or his guardian has not been identified;

(4) Other circumstances stipulated by law.

If the subject matter is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter according to law and the proceeds from the deposit.

Article 102 After the deposit of the subject matter, the debtor shall promptly notify the creditor or the creditor's successor or guardian, except where the creditor's whereabouts are unknown.

Article 103 After the deposit of the subject matter, the risk of damage or loss shall be borne by the creditor. During the deposit period, the interest of the subject matter belongs to the creditor. Deposit fees shall be borne by creditors.

Article 104 Creditors may receive the deposit at any time, but if the creditor has debts due to the debtor, the deposit department shall refuse to receive the deposit at the request of the debtor before the creditor fails to perform the debt or provide security.

The creditor's right to receive the deposit shall be extinguished within five years from the date of deposit. The deposit shall be owned by the State after deducting the cost of the deposit.

Article 105 If a creditor releases part or all of the debt from the debtor, the rights and obligations of the contract are partially or completely terminated.

Article 106 If the creditor's rights and debts belong to the same person, the rights and obligations of the contract are terminated, except for those involving third party interests.

Chapter VII Liability for Breach of Contract

Article 107 If one of the parties fails to perform the contractual obligations or does not comply with the contractual obligations, it shall bear the liabilities for breach of contract such as continued performance, taking remedial measures or compensating for losses.

Article 108 If one of the parties expressly expresses or demonstrates by their actions that they have not performed their contractual obligations, the other party may require them to bear the liability for breach of contract before the performance period expires.

Article 109 If one party fails to pay the price or remuneration, the other party may require him to pay the price or remuneration.

Article 110 If one of the parties fails to perform non-monetary debt or the performance of non-monetary debt does not comply with the agreement, the other party may request performance, except in one of the following circumstances:

(1) cannot be performed legally or in fact;

(2) the subject matter of the debt is not suitable for compulsory performance or the performance cost is too high;

(3) Creditors did not request performance within a reasonable period.

Article 111 If the quality does not meet the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear, and it is still not determined according to the provisions of Article 61 of this law, the injured party may reasonably choose to require the other party to undertake repair, replacement, rework, Liability for breach of contract such as return of goods, reduction of price or remuneration.

Article 112 If one of the parties fails to perform the contractual obligations or the performance of the contractual obligations is not in accordance with the agreement, the other party has other losses after performing the obligations or taking remedial measures, and shall compensate for the losses.

Article 113 If a party fails to perform its contractual obligations or does not comply with the contractual obligations and causes losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of the contract, including the benefits obtainable after the performance of the contract, but shall not Exceeding the contracted party foreseen or should have foreseen the possible losses caused by the breach of contract when entering into the contract.

If an operator commits fraud in the provision of goods or services by consumers, it shall be liable for damages in accordance with the provisions of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests.

Article 114 The parties may agree that when one party breaches the contract, a certain amount of liquidated damages shall be paid to the other party according to the circumstances of the breach, or they may agree on the method of calculating the amount of damages due to the breach of contract.

If the agreed penalty is lower than the losses caused, the parties may request the people's court or arbitration institution to increase it; if the agreed penalty is excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce it appropriately.

If the parties concerned delay the performance of the agreed liquidated damages, the defaulting party shall perform the debts after paying the liquidated damages.

Article 115 The parties may, in accordance with the "Guarantee Law of the People's Republic of China", agree to pay a deposit to the other party as security for the creditor's right. After the debtor performs its debt, the deposit shall be offset against the price or recovered. If the party that pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; if the party that receives the deposit fails to perform the agreed debt, the deposit shall be doubled.

Article 116 Where both parties agree on both a liquidated damages and a deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.

Article 117 If the contract cannot be performed due to force majeure, the liability shall be partially or wholly exempted, except as otherwise provided by law, based on the effects of force majeure. In the event of force majeure occurring after the parties' delayed performance, the liability cannot be relieved.

The "force majeure" referred to in this law refers to objective conditions that cannot be foreseen, unavoidable, and insurmountable.

Article 118 If one of the parties is unable to perform the contract due to force majeure, it shall promptly notify the other party to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period.

Article 119 After a party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; if the party fails to take appropriate measures to cause the loss to expand, it shall not claim compensation for the enlarged loss.

The reasonable expenses incurred by the parties for preventing the expansion of losses shall be borne by the breaching party.

Article 120 If both parties violate the contract, they shall bear their respective responsibilities.

Article 121 If a party causes a breach of contract due to a third party, it shall bear the liability for breach of contract to the other party. Disputes between one party and a third party shall be settled in accordance with the law or as agreed.

Article 122 Where a party's breach of contract infringes on the personal and property rights of the other party, the injured party has the right to choose to be liable for breach of contract in accordance with this Law or to be liable for infringement in accordance with other laws.

Chapter VIII Other Provisions

Article 123 If there are other provisions in the contract as stipulated in other laws, those provisions shall be followed.

Article 124 The provisions of this Law or other laws that do not expressly stipulate the provisions of this Law shall apply, and reference may be made to the most similar provisions of this Law or other laws.

Article 125 If the parties have disputes over the terms of the contract, they shall determine the true meaning of the terms in accordance with the terms used in the contract, the relevant terms of the contract, the purpose of the contract, the trading habits, and the principle of good faith.

If the contract text is concluded in two or more languages and agreed to have the same effect, the presumptions used in the texts have the same meaning. Inconsistent words and phrases should be explained in accordance with the purpose of the contract.

Article 126 The parties to a foreign-related contract may choose the law applicable to the settlement of a contract dispute, except as otherwise provided by law. If the parties to a foreign-related contract have no choice, the laws of the country with which the contract is most closely connected shall apply.

The laws of the People's Republic of China are applicable to contracts for Sino-foreign joint ventures, contracts for Sino-foreign cooperative ventures, and contracts for Sino-foreign cooperative exploration and development of natural resources performed within the territory of the People's Republic of China.

Article 127 The administrative departments for industry and commerce and other relevant administrative departments shall, within the scope of their respective functions and powers, in accordance with the provisions of laws and administrative regulations, supervise and deal with illegal acts that use contracts to endanger national interests and public interests; Constitute a crime, be held criminally responsible.

Article 128 The parties may resolve the contract dispute through conciliation or mediation.

If the parties are unwilling to settle or conciliate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to a Chinese arbitration agency or other arbitration agency in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may sue in a people's court. The parties shall perform the legally effective judgment, arbitral award, and mediation letter; if they refuse to perform, the other party may request the people's court to execute.

Article 129 The period for filing a lawsuit or applying for arbitration for a dispute over an international contract for the sale of goods and a contract for import and export of technology is four years, counting from the date on which the parties know or should know that their rights have been infringed. The time limit for filing a lawsuit or applying for arbitration due to other contract disputes shall be in accordance with the provisions of relevant laws.

Sub-rule

Chapter IX Sales Contract

Article 130 A sale contract is a contract in which the seller transfers ownership of the subject matter to the buyer, and the buyer pays the price.

Article 131 In addition to the provisions of Article 12 of this Law, the contents of a sales contract may also include provisions on packaging methods, inspection standards and methods, settlement methods, the language used in the contract, and its effectiveness.

Article 132 The subject matter of the sale shall be owned by the seller or the seller shall have the right to dispose of it. Subject matter that is prohibited or restricted by laws or administrative regulations is subject to its provisions.

Article 133 The ownership of the subject matter is transferred from the time the subject matter is delivered, except as otherwise provided by law or otherwise agreed upon by the parties.

Article 134 In a sales contract, the parties may agree that if the buyer fails to pay the price or other obligations, the ownership of the subject matter belongs to the seller.

Article 135 The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for extracting the subject matter, and to transfer the ownership of the subject matter.

Article 136 The seller shall, in accordance with the agreement or transaction habits, deliver to the buyer relevant documents and materials other than the subject matter documents for extraction.

Article 137 Where the subject matter such as computer software with intellectual property rights is sold, the intellectual property rights of the subject matter do not belong to the buyer unless otherwise provided by law or otherwise agreed by the parties.

Article 138 The seller shall deliver the subject matter within the agreed time limit. If the delivery period is agreed, the seller can deliver at any time during the delivery period.

Article 139 If the parties have not agreed on the deadline for the delivery of the subject matter or the agreement is not clear, the provisions of Article 61 and Item 62 of Article 62 of this Law shall apply.

Article 140 If the subject matter is in the possession of the buyer before the conclusion of the contract, the time when the contract takes effect shall be the time of delivery.

Article 141 The seller shall deliver the subject matter at the agreed place.

If the parties have not agreed on the place of delivery or the agreement is not clear, and still cannot be determined according to the provisions of Article 61 of this Law, the following provisions shall apply:

(1) If the subject matter needs to be transported, the seller shall deliver the subject matter to the first carrier for delivery to the buyer;

(2) The subject matter does not need to be transported. If the seller and the buyer know that the subject matter is at a certain place when entering into the contract, the seller shall deliver the subject matter at that place; Delivery of the subject matter at the place of business when the person concludes the contract.

Article 142 The risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and shall be borne by the buyer after the delivery, unless otherwise provided by law or otherwise agreed upon by the parties.

Article 143 Where the subject matter cannot be delivered within the agreed time limit due to reasons of the buyer, the buyer shall bear the risk of damage or loss of the subject matter from the date of violation of the agreement.

Article 144 The seller sells or sells the objects on the way transported by the carrier, unless otherwise agreed by the parties, the risk of damage or loss shall be borne by the buyer from the time the contract is concluded.

Article 145 Where the parties have not agreed on the place of delivery or the agreement is not clear, if the subject matter needs to be transported in accordance with the provisions of Paragraph 2 (1) of Article 141 of this Law, the seller shall deliver the subject matter to the first After the carrier, the risk of damage to or loss of the subject matter shall be borne by the buyer.

Article 146 The seller shall place the subject matter at the place of delivery in accordance with the agreement or in accordance with the provisions of the second paragraph of Article 141 of this Law. If the buyer fails to collect it in violation of the agreement, the subject matter is damaged, The risk of loss shall be borne by the buyer from the date of breach of the agreement.

Article 147 If the seller fails to deliver the documents and materials related to the subject matter in accordance with the agreement, it shall not affect the transfer of the risk of damage or loss of the subject matter.

Article 148 If the quality of the subject matter does not meet the quality requirements and the contract purpose cannot be achieved, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or terminates the contract, the risk of damage or loss of the subject matter shall be borne by the seller.

Article 149 Where the risk of damage to or loss of the subject matter is borne by the buyer, it does not affect the right of the buyer to claim liability for breach of contract because the seller's performance of debts does not comply with the agreement.

Article 150 The seller shall have the obligation to guarantee that the third party shall not claim any rights from the buyer with respect to the subject matter delivered, except as otherwise provided by law.

Article 151 If the buyer knows or should know that the third party has rights to the subject matter of the sale when entering into the contract, the seller shall not bear the obligations stipulated in Article 150 of this Law.

Article 152 Where the buyer has conclusive evidence to prove that a third party may claim rights to the subject matter, he may suspend payment of the corresponding price, except where the seller provides appropriate guarantees.

Article 153 The seller shall deliver the subject matter in accordance with the agreed quality requirements. Where the seller provides a description of the quality of the subject matter, the delivered subject matter shall meet the quality requirements of the description.

Article 154 If the parties have not agreed on the quality requirements of the subject matter or the agreement is not clear, and they still cannot be determined in accordance with the provisions of Article 61 of this Law, the provisions of Article 62 (1) of this Law shall apply.

Article 155 If the object delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of Article 111 of this Law.

Article 156 The seller shall deliver the object in accordance with the agreed packaging method. If there is no agreement on the packaging method or the agreement is not clear, and if it is still not determined according to the provisions of Article 61 of this law, it shall be packed in a general manner. If there is no general manner, a packaging method sufficient to protect the subject matter shall be adopted.

Article 157 Upon receipt of the subject matter, the buyer shall inspect within the agreed inspection period. If no inspection period is agreed, the inspection shall be conducted in a timely manner.

Article 158 If the parties agree on the inspection period, the buyer shall notify the seller of the quantity or quality of the subject matter during the inspection period. If the buyer fails to give notice, the quantity or quality of the subject matter shall be deemed to have complied with the agreement.

If the parties do not agree on the inspection period, the buyer shall notify the seller within a reasonable period of time when the quantity or quality of the subject matter is found or should be found to be inconsistent with the agreement. If the buyer fails to notify the seller within a reasonable period of time or fails to notify the seller within two years from the date of receipt of the subject matter, the quantity or quality of the subject matter shall be deemed to comply with the agreement, but if there is a quality guarantee period for the subject matter, quality assurance shall apply Period, the two-year rule does not apply.

If the seller knows or should know that the provided subject matter does not comply with the agreement, the buyer is not subject to the notice time limit specified in the preceding two paragraphs.

Article 159 The buyer shall pay the price according to the agreed amount. If there is no agreement on the price or the agreement is not clear, the provisions of Article 61 and Article 62 of this Law shall apply.

Article 160 The buyer shall pay the price at the agreed place. If there is no agreement on the place of payment or the agreement is not clear, and if it still cannot be determined according to the provisions of Article 61 of this law, the buyer shall pay at the seller's place of business, but agree to pay the price to deliver the subject matter or deliver the subject matter. If the documents are conditional, the payment shall be made at the place where the subject matter is delivered or the subject matter documents are delivered.

Article 161 The buyer shall pay the price at the agreed time. If there is no agreement on the payment time or the agreement is not clear, and if it is still not determined according to the provisions of Article 61 of this law, the buyer shall pay at the same time as receiving the subject matter or extracting the subject matter documents.

Article 162 Where the seller has oversubmitted the object, the buyer may accept or refuse to accept the oversubmitted part. If the buyer accepts the overpaid part, the buyer shall pay the price according to the contract price; if the buyer refuses to accept the overpaid part, he shall notify the seller in a timely manner.

Article 163 The interest produced by the subject matter before delivery shall be owned by the seller, and the interest produced after delivery shall be owned by the buyer.

Article 164 If the contract is terminated due to the subject matter of the subject matter not meeting the agreement, the validity of the termination contract shall be the same as the subject matter. If the subject matter of the subject matter is dismissed in accordance with the agreement, the effect of the dissolution is inferior to that of the master.

Article 165 The subject matter is a number of things. If one of the objects does not meet the agreement, the buyer may dissolve the subject matter, but if the value of the subject matter is significantly impaired due to the separation of the subject matter from other things, the parties may count the subject matter. Termination of contract.

Article 166 Where the seller delivers the objects in batches, if the seller fails to deliver one of the objects or fails to comply with the agreement, so that the objects of the batch cannot fulfill the contract purpose, the buyer may make the The subject matter is lifted.

If the seller fails to deliver one batch of the objects or the delivery does not comply with the agreement, so that the delivery of other batches of objects in the future cannot achieve the contract purpose, the buyer may cancel the batch and other batches of objects in the future.

If the buyer cancels one of the batches of objects, and the batch of objects is interdependent with other batches of objects, the batch of objects that have been delivered and not delivered may be released.

Article 167 If the amount of the payment due by the buyer in instalments has reached one-fifth of the total price, the seller may require the buyer to pay the entire price or terminate the contract.

If the seller terminates the contract, he may ask the buyer to pay the use fee of the subject matter.

Article 168 The parties involved in the sale of samples shall seal the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

Article 169 Where a buyer who buys or sells by sample does not know that the sample has hidden defects, even if the delivered subject matter is the same as the sample, the quality of the subject matter delivered by the seller shall still meet the usual standards of the same kind.

Article 170 The parties to a trial sale may agree on a trial period for the subject matter. If there is no agreement on the trial period or the agreement is not clear, and if it is still not determined according to the provisions of Article 61 of this law, it shall be determined by the seller.

Article 171 The buyer of a trial sale may purchase the subject matter during the trial period, or may refuse to purchase it. When the trial period expires, the buyer does not indicate whether to purchase the subject matter, it is deemed to be a purchase.

Article 172 The rights and obligations of the parties involved in bidding and selling, and the procedures for bidding and bidding shall be in accordance with the relevant laws and administrative regulations.

Article 173 The rights and obligations of the parties to the auction and the auction procedures shall be in accordance with the relevant laws and administrative regulations.

Article 174 Where the law has provisions on other paid contracts, those provisions shall be followed; if there are no provisions, the relevant provisions of the sales contract shall be referred to.

Article 175 Where the parties agree to barter transactions and transfer the ownership of the subject matter, the relevant provisions of the sales contract shall be referred to.

Chapter X Power, Water, Gas and Heat Contracts

Article 176 The power supply contract is a contract in which the power supplier supplies power to the power user and the power user pays the electricity bill.

Article 177 The content of a power supply contract includes terms such as the mode, quality, and time of power supply, the capacity, address, and nature of the power supply, the method of measurement, the method of settlement of power prices and tariffs, and the maintenance responsibility for power supply facilities.

Article 178 The place of performance of a power supply contract shall be in accordance with the agreement of the parties; if the parties do not agree or the agreement is not clear, the property rights division of the power supply facility shall be the place of performance.

Article 179 The power supplier shall supply power safely in accordance with the power supply quality standards and agreements stipulated by the state. If the power supplier fails to supply power in accordance with the power supply quality standards and conventions stipulated by the state and causes losses to the power customer, it shall be liable for damages.

Article 180 When the power supplier needs to interrupt the power supply due to planned maintenance, temporary maintenance, power restriction according to law, or illegal use of electricity by the power user, the power supplier shall notify the power user in advance in accordance with relevant state regulations. If the power user is interrupted without prior notice to the power user and causes losses to the power user, he shall be liable for damages.

Article 181 When a power failure occurs due to a natural disaster or other reasons, the power supplier shall promptly repair it in accordance with relevant state regulations. Failure to rush repairs in a timely manner, causing losses to the power user, shall be liable for damages.

Article 182 The electricity user shall pay the electricity charges in a timely manner in accordance with the relevant state regulations and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, he shall pay a penalty fee in accordance with the agreement. If the power user is urged to fail to pay the electricity charges and liquidated damages within a reasonable period of time, the power supplier may suspend the power supply in accordance with the procedures prescribed by the state.

Article 183 The electricity consumer shall use electricity safely in accordance with relevant state regulations and the agreement of the parties. If the power consumer fails to use the power safely in accordance with the relevant state regulations and the agreement of the parties, causing losses to the power supplier, he shall be liable for damages.

Article 184 Contracts for water supply, gas supply, and heat supply shall refer to the relevant provisions of the power supply and contract.

Chapter XI Gift Contract

Article 185 A gift contract is a contract in which the donor gives his property to the grantee free of charge, and the grantee expresses acceptance of the gift.

Article 186 The donor may revoke the gift before the right to donate property is transferred.

The provisions of the preceding paragraph shall not apply to gift contracts with the nature of public welfare and moral obligation such as disaster relief and poverty reduction, or notarized gift contracts.

Article 187 Where the donated property needs to go through registration and other formalities according to law, it shall go through the relevant formalities.

Article 188 Where a donation contract of a social public interest or moral obligation, such as disaster relief or poverty alleviation, or a notarized gift contract, does not deliver the gifted property, the recipient may request delivery.

Article 189 Where the donated property is damaged or lost due to the intentional or gross negligence of the donor, the donor shall be liable for damages.

Article 190 Gifts may be accompanied by obligations.

Where gifts are attached, the recipient shall perform the obligations in accordance with the agreement.

Article 191 Where the donated property is defective, the donor shall not be held liable. If the gift is subject to obligations or the property is defective, the donor shall bear the same responsibilities as the seller within the limits of the obligation.

If the donor deliberately fails to notify the defect or guarantees no defect, causing loss to the recipient, he shall be liable for damages.

Article 192 The donor may revoke the gift in any of the following circumstances:

(1) Seriously infringing on the donor or his close relatives;

(2) Failing to perform the obligation of supporting the donor;

(3) Failure to perform the obligations stipulated in the gift contract.

The donor's right of revocation shall be exercised within one year from the date when the reason for revocation is known or should be known.

Article 193 Where the donor's death or incapacity is caused by the illegal act of the recipient, the donor's successor or legal representative may revoke the gift.

The right of rescission of the donor's heir or legal agent shall be exercised within six months from the date when the reason for revocation is known or should be known.

Article 194 Where the revocation right holder revokes the gift, he may request the grantee to return the gifted property.

Article 195 If the economic condition of the donor has deteriorated significantly and seriously affects its production and operation or family life, the donor may no longer perform the gift obligation.

Chapter XII Borrowing Contracts

Article 196 A loan contract is a contract in which the borrower borrows from the lender, returns the loan when due, and pays interest.

Article 197 The loan contract shall be in written form, unless the loan between natural persons is otherwise agreed. The contents of the loan contract include terms such as loan type, currency, purpose, amount, interest rate, term, and repayment method.

Article 198 When entering into a loan contract, the lender may require the borrower to provide a guarantee. The guarantee is in accordance with the "Guarantee Law of the People's Republic of China".

Article 199 When entering into a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true situation of the business activities and financial status related to the loan.

Article 200 Interest on borrowings shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be returned and the interest calculated according to the actual amount of the loan.

Article 211 If the lender fails to provide the loan in accordance with the agreed date and amount and causes losses to the borrower, it shall compensate for the loss.

If the borrower fails to collect the loan according to the agreed date and amount, he shall pay the interest according to the agreed date and amount.

Article 202 A lender may inspect and supervise the use of loans in accordance with the agreement. The borrower shall provide the relevant financial accounting statements and other information to the lender on a regular basis in accordance with the contract.

Article 203 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.

Article 204 The interest rate of a loan of a financial institution handling loan business shall be determined in accordance with the upper and lower limits of the loan interest rate prescribed by the People's Bank of China.

Article 205 The borrower shall pay interest within the agreed period. There is no agreement on the time limit for payment of interest or the agreement is not clear, and it is still uncertain according to the provisions of Article 61 of this Law. If the loan period is less than one year, it shall be paid at the time of repayment of the loan; Payment shall be made at the expiry of one year, and the remaining period shall be paid at the same time when the loan is returned.

Article 206 The borrower shall return the loan within the agreed period. If there is no agreement on the term of the loan or the agreement is not clear, and if it is still not determined according to the provisions of Article 61 of this law, the borrower may return it at any time;

Article 207 If the borrower fails to return the loan within the agreed period, he shall pay the overdue interest in accordance with the agreement or relevant state regulations.

Article 208 Where the borrower repays the loan in advance, unless the parties agree otherwise, the interest shall be calculated in accordance with the actual borrowing period.

Article 209 The borrower may apply to the lender for an extension before the repayment period expires. If the lender agrees, it can be extended.

Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.

Article 211 Where a loan contract between natural persons has no agreement on the payment of interest or the agreement is not clear, it shall be deemed not to pay interest.

Where interest payments are agreed in a loan contract between natural persons, the interest rate on the borrowing must not violate the state's regulations on limiting interest rates on borrowing.

Chapter XIII Lease Contract

Article 212 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 213 The content of the lease contract includes the name, quantity, purpose, lease term, lease term and method of payment, and lease item maintenance.

Article 214 The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid.

When the lease period expires, the parties can renew the lease contract, but the agreed lease period cannot exceed 20 years from the date of renewal.

Article 215 Where the lease term is more than six months, it shall be in writing. If the parties do not adopt a written form, it is regarded as an irregular lease.

Article 216 The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease.

Article 217 The lessee shall use the leased property in accordance with the agreed methods. Where there is no agreement on the use of the leased property or the agreement is not clear, if it is still not determined in accordance with the provisions of Article 61 of this Law, it shall be used in accordance with the nature of the leased property.

Article 218 If the lessee uses the leased property in accordance with the agreed method or the nature of the leased property and causes the leased property to be worn out, it shall not be liable for damages.

Article 219 Where the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased property, causing the leased property to be lost, the lessor may terminate the contract and claim compensation for the loss.

Article 220 The lessor shall perform the maintenance obligation of the leased property, unless the parties agree otherwise.

Article 221 The lessee may require the lessor to repair within a reasonable period when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may perform the maintenance on its own, and the maintenance cost shall be borne by the lessor. If the maintenance of the leased property affects the use of the lessee, the rent shall be reduced or extended accordingly.

Article 222 The lessee shall properly keep the leased property. If the leased property is damaged or lost due to improper storage, it shall be liable for damages.

Article 223 With the consent of the lessor, the lessee may improve the leased property or add another property.

If the lessee improves the leased property or adds another property without the lessor's consent, the lessor may require the lessee to restore the original condition or compensate for the loss.

Article 224 With the consent of the lessor, the lessee may sublet the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor continues to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 225 The proceeds obtained from the possession and use of the leased property during the lease period shall be owned by the lessee, unless the parties agree otherwise.

Article 226 The lessee shall pay the rent within the agreed period. There is no agreement on the payment period or the agreement is not clear, and it can not be determined according to the provisions of Article 61 of this Law. If the lease period is less than one year, it shall be paid at the end of the lease period; if the lease period is more than one year, it shall be expired at each The payment is made at one year, and the remaining period is less than one year, it shall be paid at the end of the lease period.

Article 227 If the lessee fails to pay or delays in paying the rent without justified reasons, the lessor may require the lessee to pay within a reasonable period. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 228 If a third party claims rights and prevents the lessee from using or leasing the leased property, the lessee may request a reduction in rent or not pay rent.

If a third party claims rights, the lessee shall notify the lessor in a timely manner.

Article 229 If the ownership of the leased property changes during the lease period, it will not affect the validity of the lease contract.

Article 230 When a lessor sells a leased house, he shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the priority to purchase on equal terms.

Article 231 If the leased property is partially or completely damaged or lost due to reasons that are not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; due to the partial or complete damage or loss of the leased property, If the purpose of the contract cannot be achieved, the lessee may terminate the contract.

Article 232 If the parties have not agreed on the term of the lease or the agreement is not clear, and they still cannot be determined in accordance with the provisions of Article 61 of this Law, they shall be regarded as irregular leases. The parties may terminate the contract at any time, but the lessor shall notify the lessee before a reasonable time.

Article 233 Where the leased property jeopardizes the safety or health of the lessee, even if the lessee knows that the quality of the leased property is unqualified when entering into the contract, the lessee may still terminate the contract at any time.

Article 234 If the lessee dies during the lease of the house, the person who lived with him before his death may lease the house in accordance with the original lease contract.

Article 235 When the lease term expires, the lessee shall return the leased property. The returned leased property shall conform to the condition after use as agreed or the nature of the leased property.

Article 236 When the lease term expires, the lessee continues to use the leased property, and if the lessor does not raise any objection, the original lease contract continues to be valid, but the lease term is irregular.

Chapter XIV Financial Leasing Contracts

Article 237 A financial lease contract is a contract in which the lessor purchases the leased property from the seller and provides it to the lessee for use, and the lessee pays the rent according to the choice of the seller and the leased property by the lessee.

Article 238 The content of a financial lease contract includes the name, quantity, specifications, technical performance, inspection methods, lease term, lease composition and term and method of payment, currency, and lease of the leased property at the end of the lease period. Terms.

A financial lease contract shall be in writing.

Article 239 The contract of sale concluded by the lessor in accordance with the lessee's choice of the seller and the leased property. The seller shall deliver the subject matter to the lessee in accordance with the contract. s right.

Article 240 The lessor, the seller, and the lessee may agree that if the seller fails to perform its obligations under the sale contract, the lessee shall exercise the right to claim compensation.

If the lessee exercises the right to claim, the lessor shall assist.

Article 241 The lessor concludes a sale and purchase contract based on the lessee's choice of the seller and the leased property. Without the lessee's consent, the lessor may not change the content of the contract related to the lessee.

Article 242 The lessor shall enjoy the ownership of the leased property. If the lessee is bankrupt, the leased property does not belong to the bankruptcy property.

Article 243 The rent of a financial lease contract shall be determined based on most or all of the costs of purchasing the leased property and the reasonable profit of the lessor, unless otherwise agreed by the parties.

Article 244 The lessor shall not be liable if the leased property does not conform to the agreement or the purpose of use, except that the lessee relies on the skills of the lessor to determine the leased property or the lessor intervenes to choose the leased property.

Article 245 The lessor shall guarantee the lessee's possession and use of the leased property.

Article 246 The lessor shall not be liable if the leased property causes personal injury or property damage to a third party during the possession of the leased property.

Article 247 The lessee shall properly keep and use the leased property.

The lessee shall perform the maintenance obligation during the possession of the leased property.

Article 248 The lessee shall pay the rent in accordance with the agreement. If the lessee fails to pay the rent within a reasonable period of time after being urged, the lessor may require payment of the entire rent; it may also terminate the contract and recover the leased property.

Article 249 The parties agree that the leased property expires when the lease term expires. The lessee has paid most of the rent but is unable to pay the remaining rent. If the lessor terminates the contract to recover the leased property, the value of the leased property recovered exceeds For the rent and other expenses owed by the lessee, the lessee may request a partial refund.

Article 250 The lessor and the lessee may agree on the ownership of the leased property that expires during the lease period. If there is no agreement on the ownership of the leased property or the agreement is not clear, and if it cannot be determined according to the provisions of Article 61 of this law, the ownership of the leased property belongs to the lessor.

Chapter XV Contracts

Article 251 A contract is a contract in which the contractor completes the work in accordance with the requirements of the ordering party, delivers the results of the work, and pays the ordering party.

Contracts include processing, ordering, repairing, duplicating, testing, and inspection.

Article 252 The content of a contract includes the terms of the contract, the quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance criteria and methods.

Article 253 The contractor shall complete the main work with its own equipment, technology and labor, unless the parties agree otherwise.

If the contractor assigns the main work contracted to a third party, it shall be responsible to the ordering party for the work results completed by the third party; the ordering party may also terminate the contract without the ordering party's consent.

Article 254 The contractor may assign the auxiliary work contracted to a third party for completion. If the contractor assigns the auxiliary work it has contracted to a third party, it shall be responsible to the ordering party for the work results completed by the third party.

Article 255 Where the contractor provides materials, the contractor shall select materials in accordance with the agreement and accept the contractor's inspection.

Article 256 If the ordering party provides materials, the ordering party shall provide the materials in accordance with the agreement. The contractor shall promptly inspect the materials provided by the ordering party, and shall notify the ordering party to replace, supplement or take other remedial measures in a timely manner when it is found to be inconsistent with the agreement.

The contractor shall not replace the materials provided by the ordering party without authorization, and shall not replace the parts that do not need to be repaired.

Article 257 If the contractor discovers that the drawings or technical requirements provided by the ordering party are unreasonable, it shall promptly notify the ordering party. If the contractor suffers losses due to reasons such as the client's lack of response, it shall compensate for the losses.

Article 258 If the ordering party changes the requirements of the contracted work midway and causes losses to the contractor, it shall compensate for the losses.

Article 259 Where the contractor requires assistance from the ordering person, the ordering person has the obligation to assist. If the contractor fails to perform the obligation to assist and the contracting work cannot be completed, the contractor may urge the contractor to perform the obligations within a reasonable period of time and may extend the period of performance; if the contractor fails to perform the contract within the time limit, the contractor may terminate the contract.

Article 260 During the work period, the contractor shall accept the necessary supervision and inspection by the ordering party. The ordering party shall not hinder the contractor's normal work due to supervision and inspection.

Article 261 When the contractor completes the work, he shall deliver the work results to the ordering party, and submit the necessary technical materials and relevant quality certificates. The ordering party shall check and accept the work results.

Article 262 If the work result delivered by the contractor does not meet the quality requirements, the ordering party may require the contractor to bear the liabilities for breach of contract such as repair, rework, reduction of compensation, and compensation for losses.

Article 263 The ordering party shall pay remuneration in accordance with the agreed period. If there is no agreement on the time limit for remuneration or the agreement is not clear, and if it is still not determined according to the provisions of Article 61 of this law, the ordering party shall pay when the contractor delivers the work product; if the work product is partially delivered, the orderer shall Pay accordingly.

Article 264 If the ordering party fails to pay the contractor the remuneration or the cost of materials, the contractor enjoys a lien on the completed work product, unless the parties agree otherwise.

Article 265 The contractor shall properly keep the materials provided by the ordering party and the completed work results. If the contractor causes damage or loss due to improper storage, he shall be liable for damages.

Article 266 The contractor shall keep secrets in accordance with the request of the ordering party, and shall not retain copies or technical materials without the permission of the ordering party.

Article 267 The joint contractor shall bear joint and several liabilities to the ordering party, unless the parties agree otherwise.

Article 268 If the ordering party can cancel the contract at any time, causing losses to the contractor, he shall compensate for the losses.

Chapter XVI Construction Contract

Article 269 A construction project contract is a contract in which the contractor performs the project construction and the contractor pays the price.

Construction engineering contracts include engineering survey, design, and construction contracts.

Article 270 A construction project contract shall be in written form.

Article 271 Bidding and bidding activities for construction projects shall be conducted in an open, fair and just manner in accordance with the provisions of relevant laws.

Article 272 The contractor may conclude a construction project contract with the general contractor, or may conclude a survey, design, and construction contract with the surveyor, designer, and constructor, respectively. The contractor shall not dismember the construction project that should be completed by one contractor into several parts and issue the contract to several contractors.

The general contractor or the survey, design, and construction contractor may, with the consent of the contractor, assign part of his contracted work to a third party for completion. The third party shall bear joint and several liabilities with the general contractor or the survey, design, and construction contractor to the contractor for the work results it has completed. The contractor shall not subcontract all the construction projects it has contracted to a third party or dismember all the construction projects it has contracted to a third party in the name of subcontracting.

Contractors are prohibited from subcontracting projects to units that do not have the corresponding qualifications. Subcontracting units are prohibited from subcontracting their projects. The construction of the main structure of the construction project must be completed by the contractor.

Article 273 The contract for a major national construction project shall be concluded in accordance with procedures prescribed by the state and documents such as investment plans and feasibility studies approved by the state.

Article 274 The content of the survey and design contract includes the time limit, quality requirements, costs, and other conditions for the submission of relevant basic information and documents (including the estimated budget).

Article 275 The content of the construction contract includes the scope of the project, the construction period, the start and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of the technical data, the responsibility for the supply of materials and equipment, the appropriation and settlement, and the acceptance of the completion , Terms of quality warranty scope and quality guarantee period, mutual cooperation between the two parties, etc.

Article 276 If a construction project is subject to supervision, the contractor shall conclude a commissioned supervision contract in writing with the supervisor. The rights and obligations and legal responsibilities of the issuer and the supervisor shall be in accordance with the provisions of the contract entrusted by this Law and other relevant laws and administrative regulations.

Article 277 The contractor may check the progress and quality of the operation at any time without prejudice to the normal operation of the contractor.

Article 278 Before the concealed project is concealed, the contractor shall notify the contractor to inspect it. If the Employer fails to conduct a timely inspection, the Contractor may postpone the date of the project and have the right to claim compensation for the loss of work stoppage, nest work, etc.

Article 279 After the completion of the construction project, the Employer shall perform acceptance in a timely manner in accordance with the construction drawings and instructions, the construction acceptance specifications and quality inspection standards issued by the state. If the acceptance is qualified, the contractor shall pay the price in accordance with the agreement and accept the construction project. The construction project can only be delivered for use after it has passed the acceptance test. If it has not been accepted or failed the acceptance check, it cannot be delivered for use.

Article 280 If the quality of the survey or design does not meet the requirements or if the survey or design documents are not submitted within the time limit and the construction period is delayed, causing losses to the contractor, the surveyor or designer shall continue to improve the survey or design, reduce or exempt the survey Design costs and compensation for losses.

Article 281 If the quality of the construction project is not in accordance with the contract due to the reasons of the constructor, the contractor shall have the right to require the constructor to repair or rework or rebuild without compensation within a reasonable period. If repairs, rework, or alterations result in overdue delivery, the constructor shall be liable for breach of contract.

Article 282 If the construction project causes personal and property damage within the reasonable use period due to the contractor's reasons, the contractor shall be liable for damages.

Article 283 If the contractor fails to provide the raw materials, equipment, site, funds, and technical information in accordance with the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for the loss of work stoppage, nest work, etc.

Article 284 Where the construction is suspended or postponed due to the reasons of the contractor, the contractor shall take measures to make up for or reduce the losses and compensate the contractor for the suspension, work, relocation, mechanical equipment relocation, Material and component backlog and other losses and actual costs.

Article 285 The surveyor, design rework, suspension or modification of the design due to the inaccurate information provided by the contractor changing the plan or the failure to provide the necessary survey and design working conditions within the time limit, the contractor shall follow the surveyor 2. The actual workload of the designer increases the cost.

Article 286 If the Employer fails to pay the price as agreed, the Contractor may urge the Employer to pay the price within a reasonable period. If the contractor fails to pay within the time limit, the contractor may agree with the contractor to discount the project, or apply to the people's court to auction the project in accordance with the law, except that the project is not suitable for discount or auction according to the nature of the construction project. The price of the construction project is preferentially compensated for the discount of the project or the auction price.

Article 287 If there is no provision in this chapter, the relevant provisions of the contract shall apply.

Chapter XVII Contract of Carriage

Section I General Provisions

Article 288 A contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation costs.

Article 289 Carriers engaged in public transportation shall not refuse the usual and reasonable transportation requirements of passengers and shippers.

Article 290 The carrier shall safely transport passengers and cargo to the agreed place within the agreed period or within a reasonable period.

Article 291 The carrier shall transport passengers and goods to the agreed place in accordance with the agreed or usual transportation route.

Article 292 The passenger, shipper or consignee shall pay the fare or transportation expenses. If the carrier fails to increase the fare or transportation fee for the transportation in accordance with the agreed route or the usual route, the passenger, the shipper or the consignee may refuse to pay the additional fare or transportation fee.

Section 2 Passenger Transport Contracts

Article 293 A passenger transport contract is established when the carrier delivers a ticket to a passenger, unless the parties have agreed otherwise or have different trading habits.

Article 294 Passengers shall carry valid tickets. Passengers travelling without tickets, overtraveling, overtaking or holding invalid tickets shall pay the fare, and the carrier may collect additional fares in accordance with regulations. If the passenger fails to pay the fare, the carrier may refuse the carriage.

Article 295 If a passenger is unable to ride at the time recorded in the ticket due to his own reasons, he shall go through the refund or change procedures within the agreed time. If it is overdue, the carrier may not refund the fare and no longer bear the obligation to transport.

Article 296 Passengers shall carry baggage in accordance with the agreed limits during transportation. If you carry baggage beyond the limit, you should go through the check-in procedure.

Article 297 Passengers shall not carry dangerous items or other prohibited items that are flammable, explosive, poisonous, corrosive, radioactive, and may endanger the safety of persons and property on the means of transport.

If a passenger violates the provisions of the preceding paragraph, the carrier may unload, destroy or deliver the prohibited items to the relevant authorities. If a passenger insists on carrying or carrying prohibited items, the carrier shall refuse to carry it.

Article 298 The carrier shall promptly inform the passengers of important reasons for the improper transportation and matters that should be noted for safe transportation.

Article 299 The carrier shall transport passengers in accordance with the time and frequency stated on the ticket. If the carrier delays the carriage, he shall arrange to take another flight or refund the ticket according to the requirements of the passenger.

Article 300 If the carrier changes the transportation means without authorization to lower the service standard, the carrier shall refund the ticket or reduce the fare collection fee according to the requirements of the passenger; if the service standard is raised, the fare collection shall not be increased.

Article 301 In the course of transportation, the carrier shall make every effort to rescue passengers suffering from acute illness, childbirth and distress.

Article 302 The carrier shall be liable for damages to passengers for injuries or deaths during transportation, unless the injuries or deaths are caused by the passengers 'own health or the carrier proves that the injuries or deaths were caused by the passengers' intentional or gross negligence.

The provisions of the preceding paragraph apply to non-ticket passengers who are exempt from tickets, hold preferential tickets or travel with the permission of the carrier.

Article 303 In the course of transportation, if the passenger's own items are damaged or lost, and the carrier is at fault, he shall be liable for damages.

If the checked baggage of a passenger is damaged or lost, the relevant regulations for the carriage of goods shall apply.

Section III Freight Contracts

Article 304 When a shipper handles the transportation of goods, the shipper shall clearly indicate to the carrier the name or name of the consignee or the consignee with instructions, the name, nature, weight, quantity of the goods, and the place of delivery of the goods. Necessary situation.

If the carrier's loss is caused by the shipper's false declaration or omission of important information, the shipper shall be liable for damages.

Article 305 If the cargo transportation needs to go through the formalities of examination and approval, inspection, etc., the shipper shall submit the documents that have completed the relevant formalities to the carrier.

Article 306 The shipper shall pack the goods in the agreed manner. If there is no agreement on the packaging method or the agreement is not clear, the provisions of Article 156 of this Law shall apply.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse transportation.

Article 307 When a shipper consigns dangerous goods such as flammable, explosive, poisonous, corrosive, radioactive, etc., he shall properly package the dangerous goods in accordance with the relevant provisions of the state on the transportation of dangerous goods, and mark and label the dangerous goods. Submit written materials on the name, nature and precautions of the dangerous goods to the carrier.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to transport or take corresponding measures to avoid losses, so the costs incurred shall be borne by the shipper.

Article 308 Before the carrier delivers the goods to the consignee, the shipper may require the carrier to suspend transportation, return the goods, change the place of arrival, or deliver the goods to other consignees, but shall compensate the carrier loss.

Article 309 After the goods have arrived, if the carrier knows the consignee, it shall promptly notify the consignee, and the consignee shall promptly take delivery of the goods. If the consignee picks up the goods late, he shall pay the carrier such fees as storage fees.

Article 310 When receiving the goods, the consignee shall inspect the goods within the agreed period. If there is no agreement on the time limit for inspecting the goods or the agreement is not clear, and if it still cannot be determined in accordance with the provisions of Article 61 of this Law, the goods shall be inspected within a reasonable period. If the consignee does not object to the quantity or damage of the goods within the agreed time limit or a reasonable time limit, it shall be deemed that the carrier has delivered the preliminary evidence in accordance with the records of the transport document.

Article 311 The carrier bears the liability for damages for the damage or loss of the goods during transportation, but the carrier proves that the damage or loss of the goods is due to force majeure, the natural nature or reasonable loss of the goods, and the shipper, receiver It is not liable for damages caused by human fault.

Article 312 The compensation for the damage or loss of the goods shall be agreed upon by the parties; if there is no agreement or the agreement is not clear, and it cannot be determined according to the provisions of Article 61 of this Law, it shall be delivered or The market price of the place of arrival of the goods at the time of delivery should be calculated. Where laws and administrative regulations provide otherwise for the method of calculating the amount of compensation and the amount of compensation, such provisions shall be followed.

Article 313 Where two or more carriers use the same mode of transport for transportation, the carrier who has entered into a contract with the shipper shall bear responsibility for the entire transportation. If the loss occurs in a certain transportation sector, the carrier who signed the contract with the shipper and the carrier in that sector shall bear joint and several liability.

Article 314 Where the goods are lost due to force majeure during transportation and the freight is not collected, the carrier shall not require payment of the freight; if the freight has been collected, the shipper may request the return.

Article 315 If the shipper or consignee fails to pay the freight, storage fees and other transportation costs, the carrier shall have a lien on the corresponding transportation goods, unless the parties agree otherwise.

Article 316 If the consignee is unknown or the consignee refuses to accept the goods without justified reasons, the carrier may deposit the goods in accordance with the provisions of Article 101 of this Law.

Section 4 Multimodal Transport Contracts

Article 317 The multimodal transport operator is responsible for performing or organizing the performance of the multimodal transport contract, and enjoys the rights of the carrier for the entire transportation and bears the obligations of the carrier.

Article 318 The multimodal transport operator may agree with each other on the responsibilities of each segment of the multimodal transport contract with the carriers participating in the multimodal transport, but this agreement does not affect the multimodal transport operator's liability for Obligations for full transportation.

Article 319 When a multimodal transport operator receives the goods delivered by the shipper, it shall issue a multimodal transport document. According to the requirements of the shipper, the multimodal transport document may be a transferable document or a non-transferable document.

Article 320 If the multimodal transport operator loses due to the shipper's fault in consigning the goods, the shipper shall still be liable for damages even if the shipper has transferred the multimodal transport document.

Article 321 Where the damage or loss of the goods occurs in a certain transport section of the multimodal transport, the liability and limitation of liability of the multimodal transport operator shall be governed by the relevant laws and regulations governing the mode of transport of the section. If the transportation section in which the goods are damaged or lost cannot be determined, they shall be liable for damages in accordance with the provisions of this chapter.

Chapter XVIII Technical Contracts

Section I General Provisions

Article 322 A technology contract is a contract established by the parties with respect to technology development, transfer, consulting or services to establish mutual rights and obligations.

Article 323 The conclusion of a technology contract shall be conducive to the progress of science and technology and accelerate the transformation, application and promotion of scientific and technological achievements.

Article 324 The content of a technology contract is agreed upon by the parties and generally includes the following terms:

(1) the name of the project;

(2) the content, scope and requirements of the subject matter;

(3) the plan, progress, time limit, place, region and method of performance;

(4) Confidentiality of technical information and information;

(5) commitment of risk liability;

(6) The method of attributing the technical results and sharing the benefits;

(7) Acceptance standards and methods;

(8) the price, remuneration or use fee and its payment method;

(9) Calculation method of liquidated damages or damages;

(10) Methods for resolving disputes;

(11) Explanation of terms and terms.

Technical background information, feasibility studies and technical evaluation reports, project tasks and plans, technical standards, technical specifications, original design and process documents, and other technical documents related to the performance of the contract can be used as a component of the contract as agreed by the parties section.

Where a technology contract involves a patent, the name of the invention, the patent applicant and the patentee, the date of application, the application number, the patent number, and the validity period of the patent right shall be indicated.

Article 325 The method of payment for the price, remuneration, or royalties of a technology contract shall be agreed upon by the parties. It may be a lump sum, a lump sum, or a lump sum, installment payment, or a commission payment or a commission payment for an additional prepaid entry fee. the way.

The agreed royalties may be paid according to a certain percentage of the product price, the added value of production after the implementation of the patent and the use of technical secrets, or a certain percentage of the sales of the product, or it may be calculated in other ways as agreed. The proportion of royalties can be fixed, increasing year by year, or decreasing year by year.

Where a commission payment is agreed upon, the parties shall agree in the contract to consult the relevant accounting accounts.

Article 326 Where the right to use or transfer a job technical achievement belongs to a legal person or other organization, the legal person or other organization may conclude a technical contract for the job technical result. A legal person or other organization shall draw a certain percentage from the proceeds obtained from the use and transfer of the technical achievements of the post, and reward or remunerate the individual who completed the technical achievements of the post. When a legal person or other organization concludes a technology contract to transfer job technology achievements, the person who completes the job technology achievements has the right to receive priority transfer on equal terms.

The technical achievements of a job are the technical achievements accomplished by performing the work tasks of a legal person or other organization, or mainly using the material and technical conditions of a legal person or other organization.

Article 327 The right to use and transfer non-service technical achievements belongs to the individual who completes the technical achievements, and the individual who completes the technical achievements may conclude a technical contract for the non-service technical achievements.

Article 328 An individual who has completed a technical achievement shall have the right to indicate on the relevant technical achievement document that he is the completer of the technical achievement and the right to obtain honorary certificates and rewards.

Article 329 A technology contract that illegally monopolizes technology, hinders technological progress, or infringes on the technological achievements of others is invalid.

Section II Technology Development Contract

Article 330 A technology development contract refers to a contract between the parties for research and development of new technologies, new products, new processes or new materials and their systems.

Technology development contracts include commissioned development contracts and cooperative development contracts.

Technology development contracts shall be in writing.

Contracts between parties involved in the implementation of transformation of scientific and technological achievements of industrial application value refer to the provisions of the technology development contract.

Article 331 The client entrusting the development contract shall pay the research and development expenses and remuneration in accordance with the agreement; provide technical information and original data; complete the cooperation matters; and accept the research and development results.

Article 332 A research and development developer entrusted with a development contract shall formulate and implement a research and development plan in accordance with the agreement; use research and development funds reasonably; complete research and development work on schedule, deliver research and development results, and provide relevant technical information and necessary technology Guidance to help clients master research and development results.

Article 333 If the principal violates the agreement and causes the research and development work to stagnate, delay or fail, he shall be liable for breach of contract.

Article 334 Where a research and development person violates the agreement and causes the research and development work to stagnate, delay, or fail, he shall be liable for breach of contract.

Article 335 The parties to a cooperative development contract shall make investment in accordance with the agreement, including investment in technology; participate in research and development work in a division of labor; and cooperate with research and development.

Article 336 Where a party to a cooperative development contract violates the agreement and causes the research and development work to stagnate, delay, or fail, it shall be liable for breach of contract.

Article 337 Where the performance of a technology development contract is meaningless because the technology that is the subject of a technology development contract has been disclosed by others, the parties may terminate the contract.

Article 338 In the process of fulfilling a technology development contract, due to insurmountable technical difficulties that cause research or development to fail or partially fail, the risk liability shall be agreed upon by the parties. If there is no agreement or the agreement is not clear, and if it still cannot be determined according to the provisions of Article 61 of this law, the risk responsibility shall be shared by the parties reasonably.

When one of the parties finds that the conditions specified in the preceding paragraph may cause research or development to fail or partially fail, it shall promptly notify the other party and take appropriate measures to reduce losses. Failure to notify in time and take appropriate measures to cause the loss to expand shall be liable for the increased loss.

Article 339 The invention-creation commissioned for development shall, unless otherwise agreed by the parties, the right to apply for a patent shall belong to the researcher and developer. If the research developer obtains the patent right, the client may implement the patent for free.

Where a research and development developer transfers the right to apply for a patent, the client has the right to receive priority transfer on equal terms.

Article 340 Unless otherwise agreed by the parties, the right to apply for a patent for inventions that have been completed through cooperative development belongs to the parties to the joint development. If one of the parties transfers their joint patent application rights, the other parties shall have the priority to be granted on equal terms.

If one of the parties to the cooperative development declares that it has waived its joint patent application right, the other party may apply separately or the other parties may jointly apply. If the applicant obtains the patent right, the party that waives the right to apply for the patent may implement the patent for free.

If one of the parties to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.

Article 341 The methods for the right to use, assign and the distribution of benefits of technological secret results completed by entrusted development or cooperative development shall be agreed upon by the parties. If there is no agreement or the agreement is not clear, and it is still not determined in accordance with the provisions of Article 61 of this law, the parties have the right to use and transfer, but the research and development developer who commissioned the development shall not The research and development achievements are transferred to a third party.

Section III Technology Transfer Contract

Article 342 A technology transfer contract includes a patent right transfer, a patent application right transfer, a technology secret transfer, and a patent implementation license contract.

Technology transfer contracts shall be in writing.

Article 343 A technology transfer contract may stipulate the scope for the assignor and the assignee to implement a patent or use technological secrets, but it shall not restrict technological competition and technological development.

Article 344 A patent license contract is only valid for the duration of the patent right. If the term of the patent right expires or the patent right is declared invalid, the patentee shall not enter into a patent implementation license contract with another person for the patent.

Article 345 The assignor of a patent implementation license contract shall authorize the assignee to implement the patent in accordance with the agreement, deliver technical materials related to the implementation of the patent, and provide necessary technical guidance.

Article 346 The assignee of a patent license contract shall implement the patent in accordance with the agreement, and shall not permit a third party other than the contract to implement the patent; and shall pay the royalties in accordance with the agreement.

Article 347 The assignor of a technology secret transfer contract shall provide technical information, provide technical guidance, guarantee the practicability and reliability of the technology, and assume the obligation of confidentiality.

Article 348 The assignee of a technology secret transfer contract shall use the technology in accordance with the agreement, pay the use fee, and assume the obligation of confidentiality.

Article 349 The assignor of a technology transfer contract shall ensure that he is the legal owner of the technology provided, and that the technology provided is complete, error-free, effective, and capable of achieving the agreed goals.

Article 350 The assignee of a technology transfer contract shall, in accordance with the agreed scope and time limit, bear the obligation to keep confidential the undisclosed secret part of the technology provided by the assignor.

Article 351 If the assignor fails to transfer the technology in accordance with the agreement, it shall return part or all of the royalties and shall bear the liability for breach of contract; if the implementation of the patent or the use of the technology secretly exceeds the scope of the agreement, the third party shall be authorized without authorization Anyone who implements the patent or uses the technical secret shall stop the breach of contract and bear the liability for breach of contract; if he violates the agreed confidentiality obligation, he shall be liable for breach of contract.

Article 352 Where the assignee fails to pay the royalties as agreed, it shall pay the royalties and pay the liquidated damages in accordance with the agreement; if it fails to pay the royalties or pay the liquidated damages, it shall stop implementing patents or use technical secrets, Return the technical materials and bear the liability for breach of contract; if the implementation of a patent or the use of technology secrets exceeds the agreed scope, a third party without permission of the assignor to implement the patent or use of the technology secret shall cease the breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligations shall bear the liability for breach of contract.

Article 353 Where the assignee implements a patent or uses technology to infringe on the legal rights and interests of others in accordance with the agreement, the assignor shall bear responsibility, unless the parties agree otherwise.

Article 354 The parties may, in accordance with the principle of mutual benefit, stipulate in the technology transfer contract the method for sharing the technical results of implementing patents and using technological secrets for subsequent improvement. If there is no agreement or the agreement is not clear, and it is still impossible to determine according to the provisions of Article 61 of this Law, the technical results of subsequent improvements by one party shall not be entitled to be shared by other parties.

Article 355 Where laws and administrative regulations provide otherwise for technology import and export contracts or patents and patent application contracts, such provisions shall be followed.

Section 4 Technical Consulting Contracts and Technical Service Contracts

Article 356 Technical consulting contracts include contracts for providing feasibility studies, technical predictions, special technical investigations, analysis and evaluation reports, etc. for specific technical projects.

A technical service contract refers to a contract concluded by one party with technical knowledge for the other party to solve a specific technical problem, excluding construction contract and contract.

Article 357 The client of a technical consulting contract shall clarify the consulting issues in accordance with the agreement, provide technical background materials and related technical information and data; accept the work results of the trustee and pay remuneration.

Article 358 The trustee of a technical consulting contract shall complete the consulting report or answer questions within the agreed time limit; the proposed consulting report shall meet the agreed requirements.

Article 359 Where the client of a technical consulting contract fails to provide the necessary information and data as agreed, which affects the progress and quality of the work, and does not accept or overdue the work results, the remuneration paid shall not be recovered, and the unpaid remuneration shall Pay.

If the trustee of a technical consulting contract fails to submit a consulting report on schedule or the consulting report submitted does not meet the agreement, he shall be liable for breach of contract such as reduction or exemption of remuneration.

The client of a technical consulting contract shall make the losses caused by the client's decision-making in accordance with the consulting report and opinions of the trustee meeting the agreed requirements, unless the parties agree otherwise.

Article 360 The client of a technical service contract shall provide working conditions in accordance with the agreement and complete the cooperation matters; accept the work results and pay remuneration.

Article 361 The trustee of a technical service contract shall complete a service project in accordance with the agreement, solve technical problems, guarantee the quality of work, and impart knowledge to solve technical problems.

Article 362 If the client of a technical service contract fails to perform the contractual obligations or does not meet the contractual obligations, which affects the progress and quality of the work, and does not accept or overdue the work results, the paid remuneration shall not be recovered, and the unpaid remuneration Should pay.

If the trustee of a technical service contract fails to complete the service work in accordance with the contract, he shall be liable for breach of contract, such as exemption from remuneration.

Article 363 During the performance of the technical consulting contract and technical service contract, the trustee shall use the technical information and working conditions provided by the trustee to complete the new technological achievements, which belong to the trustee. The new technical achievements completed by the client using the work results of the trustee belong to the client. The parties have agreed otherwise, in accordance with its agreement.

Article 364 Where laws and administrative regulations provide otherwise for technical intermediary contracts and technical training contracts, such provisions shall be followed.

Chapter XIX Custody Contracts

Article 365 A storage contract is a contract in which the custodian keeps the deposit delivered by the depositor and returns the deposit.

Article 366 The depositor shall pay the storage fee to the custodian in accordance with the contract.

If the parties have not agreed on the storage fee or the agreement is not clear, and they still cannot be determined according to the provisions of Article 61 of this Law, the storage is free of charge.

Article 367 The custody contract is established when the deposit is delivered, unless the parties agree otherwise.

Article 368 Where the depositary delivers the deposit to the custodian, the custodian shall pay the custodial certificate, unless it has other trading habits.

Article 369 The depositary shall properly keep the deposit.

The parties may agree on the place or method of storage. Except for emergency situations or to protect the interests of the depositor, it is not allowed to change the storage place or method without authorization.

Article 370 If the deposit delivered by the depositor is defective or requires special storage measures in accordance with the nature of the deposit, the depositor shall inform the depository of the relevant situation. If the depositor fails to inform the custodian of the loss, the custodian shall not be liable for damages; if the custodian suffers losses as a result, the depositor shall be liable for damages unless the custodian knows or should know and has not taken remedial measures.

Article 371 The depositary shall not transfer the deposit to a third party for custody, unless the parties agree otherwise.

If the custodian violates the provisions of the preceding paragraph and transfers the deposit to a third party for custody, causing damage to the deposit, he shall be liable for damages.

Article 372 The custodian shall not use or permit the use of the deposit by a third party, unless the parties agree otherwise.

Article 373 Where a third party claims rights to the deposit, the depository shall perform its obligation to return the deposit to the depositor, except for the preservation or enforcement of the deposit.

If a third party brings a lawsuit against the custodian or applies for the seizure of the deposit, the custodian shall promptly notify the depositor.

Article 374 In the period of safekeeping, if the safekeeping object is damaged or lost due to improper safekeeping by the safekeeping party, the safekeeping party shall be liable for damages, but the safekeeping is free of charge, and the safekeeping party shall not be liable for damages if it proves that it has no serious fault responsibility.

Article 375 Where the depositary deposits currency, marketable securities or other valuables, it shall declare to the depositary, and the depositary shall inspect or seal the deposit. If the depositor fails to declare, after the item is damaged or lost, the custodian may make compensation according to the general items.

Article 376 The depositor may receive the deposit at any time.

If the parties have no agreement on the storage period or the agreement is not clear, the custodian may request the depositor to receive the deposit at any time; if the contract period is agreed, the custodian shall have no special reason and shall not require the depositor to collect the deposit in advance.

Article 377 When the storage period expires or the depositor receives the deposit in advance, the depository shall return the original and its yield to the depositor.

Article 378 Where the custodian keeps currency, he may return the same type and quantity of currency. Where other substitutes are kept, the same kind, quality and quantity of articles can be returned as agreed.

Article 379 For a paid storage contract, the depositary shall pay the storage fee to the depositary within the agreed period.

If the parties have not agreed on the payment period or the agreement is not clear, and still cannot be determined according to the provisions of Article 61 of this Law, they shall pay at the same time as they receive the deposit.

Article 380 Where the depositor fails to pay the storage fee and other expenses as agreed, the depositary shall have a lien on the deposit, unless the parties agree otherwise.

Chapter XX Storage Contract

Article 381 A warehousing contract is a contract whereby the custodian stores the goods delivered by the custodian and the warehousing party pays the warehousing fee.

Article 382 The warehousing contract takes effect when it is established.

Article 383 When storing flammable, explosive, poisonous, corrosive, radioactive and other dangerous items or perishable items, the depositor shall explain the nature of the item and provide relevant information.

If the depositor violates the provisions of the preceding paragraph, the custodian may refuse to accept the warehousing items, or may take corresponding measures to avoid losses, so the expenses incurred shall be borne by the depositor.

Where the custodian stores flammable, explosive, toxic, corrosive, radioactive and other dangerous items, it shall have corresponding storage conditions.

Article 384 The custodian shall inspect and accept the warehoused goods in accordance with the agreement. When the custodian finds that the stored goods in the warehouse do not conform to the agreement upon acceptance, it shall promptly notify the custodian. After acceptance by the custodian, if the variety, quantity and quality of the stored goods do not meet the agreement, the custodian shall be liable for damages.

Article 385 Where the depositor delivers the goods, the custodian shall pay the warehouse receipt.

Article 386 The custodian shall sign or stamp the warehouse receipt. The warehouse receipt includes the following:

(1) the name or the name and domicile of the depositor;

(2) the variety, quantity, quality, packaging, number of pieces and markings of the storage materials;

(3) Loss standards for storage;

(4) storage place;

(5) The storage period;

(6) Storage fees;

(7) If the warehouse has been insured, the insurance amount, period and name of the insurer;

(8) The person, place and date of issuance.

Article 387 The warehouse receipt is a voucher for the storage of goods. If the depositor or the holder of the warehouse receipt endorses the warehouse receipt and is signed or stamped by the custodian, he may transfer the right to take out the storage.

Article 388 At the request of the depositor or the warrant holder, the custodian shall agree to the inspection of the warehousing items or the extraction of samples.

Article 389 Where the custodian finds that the stored goods have deteriorated or otherwise damaged, it shall promptly notify the depositor or the holder of the warehouse receipt.

Article 390 Where the custodian finds that the stored warehousing has deteriorated or suffered other damages, which jeopardizes the safety and normal storage of other warehousing items, it shall urge the stockholder or the holder of the warehouse receipt to make the necessary disposal. Due to urgent circumstances, the custodian may make necessary dispositions, but shall promptly notify the depositor or warehouse receipt holder of the situation afterwards.

Article 391 If the parties have no agreement on the storage period or the agreement is not clear, the depositor or the warehouse receipt holder may withdraw the storage at any time, and the custodian may at any time require the depositor or the warehouse receipt holder to retrieve the storage , But the necessary preparation time should be given.

Article 392 Upon the expiration of the storage period, the depositor or the holder of the warehouse receipt shall take out the warehouse with the warehouse receipt. If the depositor or the holder of the warehouse receipt draws over the time limit, the storage fee shall be charged; if it is collected in advance, the storage fee shall not be reduced.

Article 393 When the storage period expires, if the depositor or the holder of the warehouse receipt does not withdraw the warehousing goods, the custodian may urge him to withdraw within a reasonable period of time.

Article 394 In the period of storage, if the storage object is damaged or lost due to improper storage by the custodian, the custodian shall be liable for damages. If the storage goods are deteriorated or damaged due to the nature of the storage goods, the packaging does not meet the agreement, or the storage period exceeds the effective storage period, the custodian shall not be liable for damages.

Article 395 If there is no provision in this chapter, the relevant provisions of the storage contract shall apply.

Chapter 21 Entrustment Contract

Article 396 A commission contract is a contract agreed between the client and the trustee to handle the client's affairs.

Article 397 The client may specifically entrust the trustee to handle one or more matters, or may entrust the trustee to handle all matters in general.

Article 398 The client shall pay in advance the expenses for handling the commissioned affairs. If the trustee advances the necessary expenses for handling the entrusted affairs, the trustee shall repay the expenses and their interest.

Article 399 The trustee shall handle the entrusted affairs in accordance with the instructions of the client. If the client's instructions need to be changed, the client's consent should be obtained; if the situation is urgent and it is difficult to contact the client, the trustee should properly handle the client's affairs, but should report the situation to the client in a timely manner.

Article 400 The trustee shall handle the entrusted matters in person. With the consent of the principal, the trustee may sub-contract. If the sub-delegation is approved, the client may directly instruct the sub-delegation third party on the entrusted matters, and the trustee shall only be responsible for the selection of the third party and its instructions to the third party. If the sub-delegation has not been agreed, the trustee shall be responsible for the acts of the third-party sub-delegation, except in the case of an emergency where the sub-delegation needs to be sub-delegated to safeguard the interests of the client.

Article 401 The trustee shall report the handling of the entrusted affairs in accordance with the requirements of the client. When the entrustment contract is terminated, the trustee shall report the results of the entrusted affairs.

Article 402 A contract entered into between the trustee and a third party in the name of the trustee within the scope of authorization of the client, and the third party knew the agency relationship between the trustee and the client at the time of entering into the contract, the contract The client and the third party are directly bound, except where there is clear evidence that the contract only binds the trustee and the third party.

Article 403 When the trustee concludes a contract with a third party in his own name, if the third party does not know the agency relationship between the trustee and the client, the trustee fails to perform his obligations to the client because of the third party , The trustee should disclose the third party to the client, so the client can exercise the rights of the trustee to the third party, except that when the third party and the trustee enter into a contract, if the client is known to not enter into a contract.

If the trustee fails to perform his obligations to the third party due to the reason of the client, the trustee should disclose the client to the third party. Therefore, the third party can choose the trustee or the client as a counterparty to claim its rights, but the third party must not change the election. The opposite person.

Where the client exercises the rights of the trustee against the third party, the third party may claim the client's defense against the trustee. If a third party selects the client as its counterpart, the client may claim the third party's defense against the trustee and the trustee's defense against the third party.

Article 404 The property obtained by the trustee in handling the entrusted affairs shall be transferred to the client.

Article 405 Where the trustee completes the entrusted affairs, the trustee shall pay him remuneration. If the entrusted contract is terminated or the entrusted affairs cannot be completed due to reasons not attributable to the trustee, the client shall pay the trustee a corresponding remuneration. The parties have agreed otherwise, in accordance with its agreement.

Article 406 Where a commissioned contract for compensation causes losses to the client due to the fault of the trustee, the client may claim compensation for the losses. If an entrusted contract is not paid, the trustee may ask for compensation for the losses caused by the trustee's intention or gross negligence.

If the trustee exceeds the authority and causes losses to the client, he shall compensate for the losses.

Article 407 When the trustee deals with the entrusted affairs, if he has suffered losses due to reasons not attributable to him, he may ask the client for compensation for the losses.

Article 408 With the consent of the trustee, the client may entrust a third party to handle the entrusted affairs outside the trustee. Therefore, if the trustee causes losses, the trustee may ask the client to compensate for the losses.

Article 409 Where two or more trustees handle entrusted matters together, they shall bear joint and several liabilities to the trustees.

Article 410 The client or the trustee may terminate the commission contract at any time. Where the loss to the other party is caused by the termination of the contract, it shall compensate for the loss, except for the reasons not attributable to the party.

Article 411 Where the client or the trustee dies, loses his capacity for civil conduct, or is bankrupt, the commission contract is terminated, unless the parties agree otherwise or it is not appropriate to terminate the contract based on the nature of the commissioned business.

Article 412 Where the termination of an entrusted contract due to the death of the client, loss of civil capacity or bankruptcy will harm the client's interests, the trustee shall Continue processing delegated transactions.

Article 413 If the trust contract is terminated due to the death, loss of civil capacity or bankruptcy of the trustee, the trustee's successor, legal agent or liquidation organization shall promptly notify the trustee. If the termination of the entrustment contract will harm the interests of the client, the trustee's heir, legal agent or liquidation organization shall take necessary measures before the client can make aftercare.

Chapter 22 Contracts

Article 414 A contract for a discipline is a contract in which a discipliner engages in trade activities in his own name and the principal pays remuneration.

Article 415 The expenses incurred by the agent in handling entrusted matters shall be borne by the agent, unless the parties agree otherwise.

Article 416 Where a client has possession of the entrusted property, he shall properly keep the entrusted property.

Article 417 Where the entrusted property is defective or easily rotten or deteriorated when delivered to the agent, the agent may dispose of the object with the consent of the agent; if the agent cannot be contacted in time, the agent may Reasonable punishment.

Article 418 If a banker sells at a price lower than the price specified by the client or buys at a price higher than the price specified by the client, the client's consent shall be obtained. Without the consent of the client, the bank accountant shall compensate the difference, and the sale shall have effect on the client.

If the banker sells at a price higher than the price specified by the client or buys at a price lower than the price specified by the client, the remuneration may be increased in accordance with the agreement. If there is no agreement or the agreement is not clear, and it is still not determined according to the provisions of Article 61 of this Law, the benefit belongs to the client.

If the client has a special instruction on the price, the banker shall not sell or buy in violation of the instruction.

Article 419 When a banker sells or buys a commodity with market pricing, the banker may act as the buyer or seller unless the client has a contrary intention.

If the travel agent has the circumstances prescribed in the preceding paragraph, the client may still be required to pay remuneration.

Article 420 The agent shall purchase the entrusted property in accordance with the agreement, and the entrusted person shall receive it in time. If the commissioner urges and the client refuses to accept it without justifiable reasons, the commissioner may deposit the trust in accordance with the provisions of Article 101 of this Law.

If the entrusted property cannot be sold or the client withdraws the sale, if the commissioner urges the client not to retrieve or dispose of the property, the commissioner may deposit the commissioned property in accordance with the provisions of Article 101 of this Law.

Article 421 When a contractor enters into a contract with a third party, the banker directly enjoys the rights and assumes obligations for the contract.

If the third party fails to perform its obligations and causes the client to be damaged, the banker shall be liable for damages, unless the banker and the client agree otherwise.

Article 422 If the commissioner completes or partially completes the commissioned affairs, the commissioner shall pay him corresponding remuneration. If the client fails to pay the compensation within the time limit, the banker shall have a lien on the client, unless the parties agree otherwise.

Article 423 If there is no provision in this chapter, the relevant provisions of the commission contract shall apply.

Chapter 23 Intermediate Contract

Article 424 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for the conclusion of the contract, and the client pays the compensation.

Article 425 The intermediary shall report truthfully to the client on matters concerning the conclusion of the contract.

If the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information that harms the interests of the client, he shall not require payment of compensation and shall be liable for damages.

Article 426 Where the intermediary facilitates the establishment of a contract, the client shall pay remuneration in accordance with the agreement. If there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it is still impossible to determine according to the provisions of Article 61 of this law, it shall be reasonably determined according to the labor of the intermediary. Where an intermediary provides a media service for the conclusion of a contract and the contract is established, the parties to the contract shall equally bear the intermediary's remuneration.

If the intermediary facilitates the establishment of the contract, the costs of the intermediary activities shall be borne by the intermediary.

Article 427 Where the intermediary fails to facilitate the establishment of the contract, it may not require payment of remuneration, but the client may be required to pay the necessary expenses for engaging in intermediary activities.

Supplementary Provisions

Article 428 This Law shall enter into force on October 1, 1999, and the Law of the People ’s Republic of China on Economic Contracts, the Law of the People ’s Republic of China on Foreign Economic Contracts, and the Law of the People ’s Republic of China on Technology Contracts shall be repealed simultaneously.



Insurance Law of the People's Republic of China

Chapter I General Provisions

Article 1 This Law is enacted in order to promote the financing of financial resources and the circulation of commodities, guarantee the realization of claims, and develop a socialist market economy.

Article 2 In economic activities such as lending, trading, cargo transportation, processing contract, etc., where creditors need to guarantee the realization of their claims by means of guarantee, a guarantee may be established in accordance with the provisions of this Law.
The guarantee methods stipulated in this Law are guarantee, mortgage, pledge, lien and deposit.

Article 3 Guarantee activities shall follow the principles of equality, willingness, fairness, and good faith.

Article 4 When a third party provides a guarantee to a creditor for a debtor, the third party may require the debtor to provide a counter-guarantee.
The counter-guarantee applies to the provisions of this law.

Article 5 The guarantee contract is a subordinate contract of the master contract. The master contract is invalid and the guarantee contract is invalid. If there is another agreement in the guarantee contract, such agreement shall be followed.
After the guarantee contract is confirmed to be invalid, if the debtor, guarantor or creditor is at fault, they shall bear their respective civil liabilities according to their fault.

Chapter II Guarantee

Section 1 Guarantees and Guarantors

Article 6 The term "guarantee" as mentioned in this Law refers to the behavior of the guarantor and creditor that when the debtor fails to perform the debt, the guarantor shall perform the obligation or assume responsibility in accordance with the agreement.

Article 7 A legal person, other organization or citizen with the ability to pay debts on his behalf may act as a guarantor.

Article 8 State organs may not be guarantors, except those approved by the State Council for the use of loans from foreign governments or international economic organizations for refinancing.

Article 9 Schools, kindergartens, hospitals, and other public institutions and public organizations for public welfare purposes may not be guarantors.

Article 10 The branches and functional departments of enterprise legal persons shall not be guarantors.
Where a branch of an enterprise legal person has a legal person's written authorization, it can provide a guarantee within the scope of authorization.

Article 11 No unit or individual may force a financial institution or enterprise such as a bank to provide guarantees to others; a financial institution or enterprise such as a bank shall have the right to refuse to force them to provide guarantees to others.

Article 12 Where there are more than two guarantors for the same debt, the guarantor shall bear the guaranty liability in accordance with the guaranty share agreed in the guaranty contract. If there is no stipulated guarantee share, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all guarantee responsibilities, and the guarantor shall have the obligation to guarantee the realization of all the claims. The guarantor who has already undertaken the guarantee responsibility has the right to recover from the debtor, or to require other guarantors who bear joint and several liabilities to pay off their share.

Section 2 Guarantee Contracts and Guarantee Methods

Article 13 The guarantor and creditor shall conclude a guarantee contract in writing.

Article 14 The guarantor and the creditor may conclude a guarantee contract separately for a single main contract, or they may agree to conclude a guarantee contract for a loan contract or a certain commodity transaction contract that occurs continuously within a certain period within the maximum credit limit.

Article 15 A guarantee contract shall include the following:
(1) the type and amount of the main creditor's right guaranteed;
(2) the time limit for the debtor to perform the debt;
(3) Ways of guarantee;
(4) the scope of the guarantee;
(5) Guarantee period;
(6) Other matters that both parties think need to be agreed.

If it is guaranteed that the contract does not fully contain the provisions of the preceding paragraph, it may be supplemented.

Article 16 The guarantee methods are:
(1) General guarantees;
(2) Joint and several liability guarantees.

Article 17 The parties stipulated in the guarantee contract that if the debtor is unable to perform the debt, the guarantor shall assume the responsibility for guarantee, which shall be a general guarantee.
The guarantor of the general guarantee may refuse to assume the guarantee liability to the creditor before the dispute over the main contract has not been tried or arbitrated, and the debtor's property has not been able to perform the debt according to law enforcement.
Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph:
(1) The debtor's domicile changes, causing the creditor to require him to have major difficulties in fulfilling his debt;
(2) The people's court accepts the debtor's bankruptcy case and suspends execution;
(3) The guarantor waives the rights provided in the preceding paragraph in writing.

Article 18 Where the parties stipulate in the guarantee contract that the guarantor and the debtor are jointly and severally liable for the debt, the joint and several liability is guaranteed.
Where the debtor of joint and several liability guarantees fails to perform the debt at the expiry of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt or may require the guarantor to assume the guarantee responsibility within the scope of its guarantee.

Article 19 If the parties have not agreed on the method of guarantee or the agreement is not clear, they shall bear the guarantee responsibility in accordance with joint and several liability guarantees.

Article 20 The guarantor of general guarantee and joint and several liability guarantee shall enjoy the right of defense of the debtor. If the debtor waives the right to defend against debts, the guarantor still has the right to defend.
The right of defense refers to the right of the debtor to exercise the right of claim against the creditor according to legal reasons when the creditor exercises the creditor's right.

Section III Liability

Article 21 The scope of the guarantee includes the main creditor's rights and interest, liquidated damages, damages, and the cost of realizing the claims. If there is another agreement in the guarantee contract, the agreement shall be followed.
If the parties have no agreement on the scope of the guarantee or the agreement is not clear, the guarantor shall be liable for all debts.

Article 22 During the guarantee period, if the creditor transfers the main creditor's right to a third party according to law, the guarantor shall continue to assume the guarantee responsibility within the scope of the original guarantee. If there is another agreement in the guarantee contract, the agreement shall be followed.

Article 23 During the guarantee period, if the creditor permits the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer bear the guarantee responsibility for the debt transferred without its consent.

Article 24 Where the creditor and the debtor agree to change the main contract, the written consent of the guarantor shall be obtained. Without the written consent of the guarantor, the guarantor will no longer bear the guaranty liability. If there is another agreement in the guarantee contract, the agreement shall be followed.

Article 25 If the guarantor and creditor of the general guarantee have not agreed on the guarantee period, the guarantee period shall be six months from the date on which the main debt performance period expires.
During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, if the creditor has not instituted a lawsuit against the debtor or applied for arbitration, the guarantor shall be exempted from the guarantee liability; if the creditor has initiated a lawsuit or applied for arbitration, the provisions of the limitation period of litigation shall apply.

Article 26 If the guarantor and the creditor of joint and several liability guarantees have not agreed on the period of guarantee, the creditor shall have the right to require the guarantor to assume the guarantee responsibility within six months from the date on which the debt performance period expires.
If the creditor does not require the guarantor to assume the guaranty liability during the guaranty period stipulated in the contract and the guaranty period specified in the preceding paragraph, the guarantor shall be exempted from the guaranty liability.

Article 27 The guarantor guarantees the consecutive claims in accordance with the provisions of Article 14 of this Law. If the guarantor has not agreed on the period of guarantee, the guarantor may at any time notify the creditor in writing to terminate the guarantee contract, but the guarantor shall be liable for the claims that occurred before the creditor was notified. Take responsibility for warranty.

Article 28. Where the same creditor's right has both a guarantee and a physical guarantee, the guarantor shall assume the guarantee responsibility for claims other than the physical guarantee.
Where the creditor waives the security of the property, the guarantor shall be exempted from the guarantee responsibility to the extent that the creditor waives the right.

Article 29 If a branch of an enterprise legal person enters into a guarantee contract with a creditor without written authorization from the legal person or exceeding the scope of authorization, the contract is invalid or the part beyond the scope of authorization is invalid. If the creditor and the enterprise legal person are at fault, they shall be based on their respective faults. Bear the corresponding civil liability; if the creditor has no fault, the corporate legal person shall bear the civil liability.

Article 30 Under any of the following circumstances, the guarantor shall not bear civil liability:
(1) The parties to the main contract colluded to trick the guarantor into providing a guarantee;
(2) The creditor of the main contract adopts fraud, intimidation and other means to enable the guarantor to provide a guarantee against the true intention.

Article 31 After the guarantor assumes the guaranty liability, he has the right to recover the debt from the debtor.

Article 32 After the people's court accepts a debtor's bankruptcy case, if the creditor fails to declare his claim, the guarantor may participate in the distribution of bankruptcy property and exercise the right of recovery in advance.

Chapter III Mortgage

Section 1 Mortgages and Collateral

Article 33 Mortgage referred to in this Law means that the debtor or a third party does not transfer the possession of the property listed in Article 34 of this Law, and uses the property as a security for a creditor's right. When the debtor fails to perform his debts, the creditor has the right to be compensated preferentially at the price of the property in accordance with the provisions of this law or at the price of auction or sale of the property.
The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing the security is the collateral.

Article 34 The following property may be mortgaged:
(1) Houses and other ground fixtures owned by the mortgagor;
(2) machines, transportation means and other property owned by the mortgagor;
(3) State-owned land use rights, houses and other fixed objects on the land that the mortgagor has the right to dispose of according to law;
(4) State-owned machinery, transportation vehicles and other property that the mortgagor has the right to dispose of according to law;
(5) The land use right of barren mountains, barren ditches, barren hills, barren beaches and other barren land contracted by the mortgagor according to law and approved by the contract issuing party;
(6) Other property that can be mortgaged according to law.
The mortgagor may mortgage the properties listed in the preceding paragraph.

Article 35 The creditor's right guaranteed by the mortgagor shall not exceed the value of its collateral.
After the property is mortgaged, the value of the property that is greater than the balance of the secured creditor's right may be mortgaged again, but may not exceed its balance.

Article 36 If a house on a state-owned land obtained according to law is mortgaged, the state-owned land use right within the occupied area of the house shall be mortgaged at the same time.
If the state-owned land use right acquired by way of mortgage is mortgaged, the houses on the state-owned land shall be mortgaged at the same time.
Township (town) and village enterprise land use rights shall not be mortgaged separately. If the buildings of the township (town) and village enterprises are mortgaged, the land use rights within the occupied area are mortgaged at the same time.

Article 37 The following property shall not be mortgaged:
(1) land ownership;
(2) Collectively-owned land use rights such as cultivated land, house sites, self-reserved land, and self-reserved mountains, except as provided in Article 34 (5) and Article 36 (3) of this Law;
(3) Educational facilities, medical and health facilities, and other social public welfare facilities such as schools, kindergartens, hospitals, and other public welfare institutions;
(4) Property with unknown or disputed ownership and use rights;
(5) Property that has been sealed up, seized or supervised according to law;
(6) Other property that cannot be mortgaged according to law.

Section 2 Mortgage Contract and Mortgage Registration

Article 38 The mortgagor and the mortgagee shall conclude a mortgage contract in writing.

Article 39 A mortgage contract shall include the following:
(1) the type and amount of the main claim secured;
(2) the time limit for the debtor to perform the debt;
(3) the name, quantity, quality, condition, location, ownership or ownership of the mortgaged property;
(4) the scope of the mortgage guarantee;
(5) Other matters that the parties consider necessary to be agreed.
If the mortgage contract does not fully contain the provisions of the preceding paragraph, it may be supplemented.

Article 40 When entering into a mortgage contract, the mortgagee and the mortgagor shall not agree in the contract that the ownership of the mortgaged property shall be transferred to the creditor when the mortgagee is not paid off at the expiry of the debt performance period.

Article 41 If a party mortgages the property specified in Article 42 of this Law, he shall go through the registration of the mortgaged property, and the mortgage contract shall take effect from the date of registration.

Article 42 The departments that handle mortgage registration are as follows:
(1) Where the land use right is mortgaged without a fixed object on the ground, the land management department that issues the land use right certificate;
(2) Mortgages of buildings such as urban real estate or the buildings of township (town) and village enterprises shall be departments prescribed by local people's governments at or above the county level;
(3) If the forest is mortgaged, it shall be the forest department in charge at or above the county level;
(4) Where the aircraft, ship, or vehicle is mortgaged, it shall be the registration department of the means of transport;
(5) Where the equipment and other movable property of the enterprise are mortgaged, the administrative department for industry and commerce in which the property is located.

Article 43 If a party mortgages other property, he may voluntarily register the mortgaged property, and the mortgage contract shall take effect from the date of signing.
If the parties have not completed the registration of the mortgaged property, they shall not confront the third party. Where the parties handle the registration of the collateral, the registration authority shall be the notary authority in the place where the mortgagor is located.

Article 44 For registration of mortgaged property, the following documents or photocopies shall be provided to the registration department:
(1) the main contract and the mortgage contract;
(2) Certificate of ownership or right of use of the collateral.

Article 45 The materials registered by the registration department shall be allowed to consult, copy or copy.

Section 3 Effect of Mortgage

Article 46 The scope of a mortgage guarantee includes the main creditor's rights and interest, liquidated damages, damages, and the cost of realizing the mortgage. If there is another agreement in the mortgage contract, such agreement shall be followed.

Article 47 If the debt performance period expires and the debtor fails to perform the debt causing the mortgaged property to be seized by the people's court according to law, the mortgagee has the right to receive the natural interest separated from the mortgaged property and the mortgager can collect the mortgaged property from the date of seizure Statutory information. If the mortgagee fails to notify the obligor who should pay the statutory interest, the fact of the seizure of the mortgaged property is not as effective as the interest.
The interest in the preceding paragraph shall first be used to offset the cost of collecting interest.

Article 48 If the mortgagor mortgages the leased property, he shall notify the lessee in writing that the original lease contract shall continue to be valid.

Article 49 During the mortgage period, if the mortgagor transfers the registered collateral, it shall notify the mortgagee and inform the assignee that the transfer has been mortgaged; if the mortgagor fails to notify the mortgagee or notify the assignee , The transfer is invalid.
Where the price of the transfer of the mortgaged property is significantly lower than its value, the mortgagee may require the mortgagee to provide corresponding guarantees; if the mortgagee fails to provide it, the mortgaged property may not be transferred.
The price obtained by the mortgagor for transferring the mortgaged property shall be paid to the mortgagee in advance for the secured creditor's right or a deposit with a third party agreed with the mortgagee. The part exceeding the amount of the creditor's right shall be owned by the mortgagor, and the short part shall be settled by the debtor.

Article 50 The mortgage right may not be separated from the creditor's rights and transferred alone or as a security for other creditors' rights.

Article 51 Where the conduct of the mortgagor is sufficient to reduce the value of the mortgaged property, the mortgagee has the right to require the mortgagor to stop its conduct. When the value of the collateral decreases, the mortgagee has the right to require the mortgagor to restore the value of the collateral or provide a guarantee equivalent to the reduced value.
If the mortgagor is not at fault in reducing the value of the collateral, the mortgagee can only request a guarantee within the scope of the compensation the mortgagor receives for the damage. The portion of the mortgaged property that has not been reduced shall still be used as a guarantee of the creditor's rights.

Article 52 A mortgage right and its secured creditor's right coexist, and if the creditor's right is extinguished, the mortgaged right is also extinguished.

Section 4 Realization of Mortgage

Article 53 If the mortgagee has not paid off at the expiry of the debt performance period, he may agree with the mortgagor to pay off the mortgaged property or to pay the price obtained by auctioning or selling the mortgaged property; if the agreement fails, the mortgagee may report to the people The court filed a lawsuit.
After the collateral is discounted or auctioned or sold, the portion of the price that exceeds the amount of the creditor's right shall be owned by the mortgagor, and the shortfall shall be settled by the debtor.

Article 54 Where the same property is mortgaged to two or more creditors, the proceeds from the auction or sale of the mortgaged property shall be paid in accordance with the following provisions:
(1) If the mortgage contract becomes effective by registration, it shall be settled according to the order of registration of the mortgaged property; if the order is the same, it shall be settled according to the proportion of debts;
(2) If the mortgage contract takes effect from the date of signing, the mortgaged property is registered and paid off in accordance with item (1) of this article; if it is not registered, it shall be paid off in the order of the effective date of the contract. pay off. The collateral is registered before the unregistered compensation.

Article 55 After the urban real estate mortgage contract is signed, the newly added houses on the land are not classified as collateral. When the mortgaged real estate needs to be auctioned, the newly-added house on the land can be auctioned together with the mortgaged property, but the mortgagee has no right to receive priority compensation for the proceeds of the auction of the newly-added house.
If the land use right of the contracted wasteland is mortgaged in accordance with the provisions of this law, or the land use right within the area occupied by buildings such as township (town) and village enterprise buildings is mortgaged, after the realization of the mortgage right, it shall not be performed without legal procedures. Change collective land ownership and land use.

Article 56 The mortgagee shall have the priority to receive the payment for the state-owned land use right allocated by auction after paying the amount equivalent to the land use right transfer fee payable in accordance with the law.

Article 57 The third party who guarantees the debtor's mortgage shall have the right to recover the debtor after the mortgagee has realized the mortgage.

Article 58 The right of mortgage shall lapse due to the loss of the mortgaged property. The compensation for the loss shall be used as the mortgaged property.

Section 5 Maximum Mortgage

Article 59 The term "maximum mortgage" as mentioned in this Law refers to the agreement between the mortgagor and the mortgagee, and within the limit of the maximum amount of credit, the mortgage shall be used to guarantee the continuous claims in a certain period.

Article 60 A loan contract may be accompanied by a maximum mortgage contract.
A contract signed by a creditor and a debtor for continuous transactions of a certain commodity within a certain period may be accompanied by a maximum mortgage contract.

Article 61 The creditor's right of the main contract mortgaged at the maximum amount shall not be transferred.

Article 62 Except for the provisions of this section, the maximum amount of mortgage applies to other provisions of this chapter.

Chapter IV Pledge

Section 1 Pledge of movable property

Article 63 The pledge of movable property as mentioned in this Law means that the debtor or a third party transfers its movable property to the creditor for possession, and uses the movable property as security for the creditor's right. When the debtor fails to perform his debts, the creditor has the right to receive preferential compensation in accordance with the provisions of this law, either by discounting the movable property or by auctioning or selling the movable property.
The debtor or third party specified in the preceding paragraph shall be the pledgor, the creditor shall be the pledgee, and the movable property transferred shall be the pledged property.

Article 64 The pledgor and the pledgee shall conclude a pledge contract in writing.
The pledge contract takes effect when the pledge is transferred to the pledgee.

Article 65 A pledge contract shall include the following:
(1) the type and amount of the main claim secured;
(2) the time limit for the debtor to perform the debt;
(3) the name, quantity, quality and condition of the pledge;
(4) the scope of the pledge guarantee;
(5) the time of the transfer of the pledged material;
(6) Other matters that the parties consider necessary to be agreed.
If the pledge contract does not fully contain the provisions of the preceding paragraph, it may be corrected.

Article 66 The pledgor and the pledgee shall not stipulate in the contract that the ownership of the pledged property shall be transferred to the pledgee when the pledgee is not cleared at the end of the debt performance period.

Article 67 The scope of a pledge guarantee includes the main creditor's rights and interest, liquidated damages, damages, pledged storage costs, and the cost of realizing the pledge. If there is another agreement in the pledge contract, such agreement shall be followed.

Article 68 The pledgee has the right to receive the income from the pledge. If there is another agreement in the pledge contract, such agreement shall be followed.
The interest in the preceding paragraph shall first be used to offset the cost of collecting interest.

Article 69 The pledgee has the obligation to properly keep the pledged property. Where the pledged property is lost or damaged due to improper storage, the pledgee shall bear civil liability.
If the pledgee's failure to properly keep the pledge may result in its loss or damage, the pledgor may request the pledgee to deposit the pledge or return the pledge in advance by paying off the debt in advance.

Article 70 If there is a possibility that the pledged is damaged or the value is significantly reduced, which is enough to endanger the rights of the pledgee, the pledgee may require the pledgee to provide corresponding guarantees. If the pledger does not provide it, the pledgee may auction or sell the pledged property and agree with the pledgor to use the proceeds from the auction or sale to pay off the guaranteed creditor's rights in advance or withdraw to the third party agreed with the pledgor .

Article 71 If the debtor has fulfilled the debt at the expiry of the debt performance period, or the pledgor pays off the guaranteed creditor's right in advance, the pledgee shall return the pledged property.
If the pledgee has not been repaid at the end of the debt performance period, the pledgee may negotiate with the pledgor to discount the pledged goods, or auction or sell the pledged goods according to law.
After the pledged goods are discounted or auctioned or sold, the portion of the price that exceeds the amount of the creditor's rights shall be owned by the pledger, and the shortfall shall be settled by the debtor.

Article 72 A third party who guarantees the debtor's pledge shall have the right to recover from the debtor after the pledgee realizes the pledge.

Article 73 The right of pledge is extinguished by the loss of the pledge. The compensation for the loss shall be pledged property.

Article 74 The pledge right and the secured creditor's right coexist. If the creditor's right is extinguished, the pledged right is also extinguished.

Section 2 Pledge of Rights

Article 75 The following rights may be pledged:
(1) drafts, checks, promissory notes, bonds, deposit notes, warehouse receipts, bills of lading;
(2) Shares and stocks that can be transferred according to law;
(3) Exclusive rights to trademarks, patent rights, and property rights in copyright that can be transferred according to law;
(4) Other rights that can be pledged according to law.

Article 76 Where a bill of exchange, check, promissory note, bond, deposit certificate, warehouse receipt, bill of lading is pledged, the right certificate shall be delivered to the pledgee within the time limit agreed in the contract. The pledge contract is effective from the date of delivery of the right certificate.

Article 77 Where a bill of exchange, cheque, promissory note, promissory note, bond, deposit certificate, warehouse receipt, bill of lading is stated on the date of redemption or delivery, the bill of exchange, check, promissory note, bond, deposit note, warehouse receipt, bill of lading is cashed Or if the date of delivery is earlier than the debt fulfillment period, the pledgee may cash or withdraw the goods before the debt fulfillment period expires, and agree with the pledgor to use the cashed price or the extracted goods for the early settlement of the guaranteed creditor's rights Third party deposit as agreed by the pledged person.

Article 78 In the case of pledge of stocks that can be transferred according to law, the pledgor and the pledgee shall conclude a written contract and go through the pledge registration with the securities registration agency. The pledge contract takes effect from the date of registration.
After the stock is pledged, it cannot be transferred, but it can be transferred after the pledgor and the pledgee have agreed to negotiate. The price obtained by the pledgor on the transfer of shares shall be paid to the pledgee in advance to guarantee the creditor's rights or be deposited with a third party agreed with the pledgee.
In the case of pledge of shares of a limited liability company, the relevant provisions of the Company Law on the transfer of shares shall apply. The pledge contract takes effect from the date when the pledge of shares is recorded in the register of shareholders.

Article 79 Where the exclusive right to use a trademark, the property right in a patent right or a copyright is transferable according to law, the pledgor and the pledgee shall conclude a written contract and go through the pledge registration with their management department. The pledge contract takes effect from the date of registration.

Article 80 After the rights stipulated in Article 79 of this law have been pledged, the pledgor may not transfer or license the use of others, but may transfer or license the use of others after the pledgor negotiates with the pledgee. The transfer fee and license fee obtained by the pledgor shall be paid in advance to the pledgee for the secured creditor's rights or withdrawn by a third party agreed with the pledgee.

Article 81 In addition to the provisions of this section, the provisions of section 1 of this chapter shall apply.

Chapter V Lien

Article 82 The lien referred to in this law means that in accordance with the provisions of Article 84 of this law, the creditor shall occupy the debtor's movable property as stipulated in the contract, and the debtor shall have the right to comply with this law if the debtor fails to perform the debt in accordance with the term agreed in the contract It is stipulated that the property shall be retained, and the property shall be preferentially compensated at the discount of the property or at the price of auction or sale of the property.

Article 83 The scope of the lien guarantee includes the main creditor's rights and interest, liquidated damages, damages, lien storage costs, and the cost of realizing the lien.

Article 84 The creditor has a lien if the debtor fails to perform the debt due to the creditor's right arising from the storage contract, the transportation contract, or the processing contract.
For other contracts that can be retained by law, the provisions of the preceding paragraph shall apply.
The parties may agree in the contract what must not be kept.

Article 85 Where the property retained is separable, the value of the retained property shall be equal to the amount of the debt.

Article 86 The lien holder has the obligation to properly keep the lien. If the lien is lost or damaged due to improper storage, the lien holder shall bear civil liability.

Article 87 The creditor and the debtor shall agree in the contract that after the creditor retains the property, the debtor shall perform the debt within a period of not less than two months. If the creditor and the debtor have not agreed in the contract, after the creditor retains the debtor's property, he shall determine a period of more than two months and notify the debtor to perform the debt within that period.
If the debtor fails to perform within the time limit, the creditor may negotiate with the debtor to discount the liens, or may auction or sell the liens according to law.
After the liens are discounted or auctioned or sold, the debtor's portion of the price exceeding the amount of the creditor's right shall be owned by the debtor, and the shortfall shall be settled by the debtor.

Article 88 The lien is extinguished for the following reasons:
(1) The creditor's rights have been destroyed;
(2) Where the debtor provides another guarantee and is accepted by the creditor.

Chapter VI Deposit

Article 89 The parties may agree that one party shall pay a deposit to the other party as security for the debt. After the debtor performs its debt, the deposit shall be offset against the price or recovered. If the party that pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; if the party that receives the deposit fails to perform the agreed debt, the deposit shall be doubled.

Article 90 The deposit shall be agreed in writing. The parties shall agree on the time limit for the payment of the deposit in the deposit contract. The deposit contract takes effect from the date of the actual delivery of the deposit.

Article 91 The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the subject contract amount.

Chapter VII Supplementary Provisions

Article 92 The term "immovable property" as used in this Law refers to land, as well as houses and forest trees.
The movable property referred to in this law refers to things other than real property.

Article 93 The guarantee contract, mortgage contract, pledge contract, and deposit contract referred to in this law may be individually written contracts, including letters, faxes, etc. of a guarantee nature between the parties, or the guarantee in the main contract. Terms.

Article 94 The discount or sale of mortgaged property, pledged property or lien shall refer to market prices.

Article 95. Where laws such as the Maritime Law have special provisions on guarantees, such provisions shall be followed.

Article 96 This Law shall enter into force on October 1, 1995.


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