商法 英文版 课件 4.Performance and Non-performance.ppt

* Contract Law * 4.Performance and Non-performance 4.1The principle of performance Perform thoroughly Good faith Article 60: The parties shall perform their obligations thoroughly according to the terms of the contract. The parties shall abide by the principle of good faith and perform the obligations of notification, assistance and maintaining confidentiality, etc. based on the nature and purpose of the contract or the transaction practices. * 4.2The regulation of performance No agreement or the agreement is unclear: Supplementary terms The context of relevant clauses or transaction practices. The provisions * Article 62: If the relevant terms of a contract are unclear, nor can they be determined according to the provisions of Article 61 of this Law, the provisions below shall be applied: (1) If the quality requirements are unclear, the State standards or trade standards shall be applied; if there are no State standards or trade standards, generally held standards or specific standards in conformity with the purpose of the contract shall be applied. (2) If the price or remuneration is unclear, the market price of the place of performance at the time concluding the contract shall be applied; if the government-fixed price or government-directed price shall be followed in accordance with the law, the provisions of the law shall be applied. * (3) If the place of performance is unclear, and the payment is in currency, the performance shall be effected at the place of location of the party receiving the payment; if real estate is to be delivered, the performance shall be effected at the place of location of the real estate; in case of other contract objects, the performance shall be effected at the place of location of the party fulfilling the obligations. (4) If the time limit for performance is unclear, the obligor may at any time fulfill the obligations towards the obligee; the obligee may also demand at any time that the obligor performs the obligations,