Chinese_Contract_Law_2概要1.ppt

Chinese Contract Law: A Brief Introduction Overview In General Principles of Chinese Contract Law Formation of Contracts Validity of Contracts 1. IN GENERAL Laws Governing Contracts before Contract Law Act 1999 1) the Economic Contract Law of the People’s Republic of China(1982); --Contracts for economic purposes between Chinese legal persons, other economic org., individual business households, or leasehold farming households . 2) the Foreign-related Economic Contract Law of the People’s Republic of China(1985); --Contracts between Chinese enterprises (or other economic org.) and foreign enterprises (or other economic org., or individuals) 3) the Technology Contract Law of the People’s Republic of China(1987). --Contracts for tech. devel., trans., consult., or other tech. services between Chinese legal persons or citizens. General Principle of Civil Law (1986) Article 85 A contract is an agreement whereby the parties establish , modify or terminate their civil law relationship. Lawfully concluded contracts　shall be protected by law. Plan Economy Oriented; Public Interests Overemphasized; Party Autonomy Restricted. Features of Act 1999 Compared with its Predecessors Market Economy Oriented; Freedom of Contract Emphasized; Government Interference Restricted; Contractual Rights Better Protected. Technically Improved. Business Scope unlimited The Supreme People‘s Court‘s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People‘s Republic of China (Part One) Clause 10 Where the parties entered into a contract the subject matter of which was outside their scope of business, the People‘s Court shall not invalidate the contract on such ground, except where conclusion of the contract was in violation of state restriction concerning, or licensing requirement for, a particular business sector, or in violation of any law or administrative regulation