中国合同法英文.pptVIP

?AMERICAN CERTIFICATION INSTITUTE, 2004 * LeRoy H. Graw EdD, DBA, C.P.M., CPCM, CPP, CPPM, CISCM China’s Contract Law Knowledge/Skill/Ability Be able to write a contract prepared under China’s Contract Law when required. Introduction Contract Law of the Peoples Republic of China (PRC) was promulgated on National Day, October 1st, 1999 It replaced a host of existing laws, including: Economic Contract Law of the PRC (ECL) Law of the PRC on Economic Contracts involving Foreign Interests (FECL) Law of the PRC on Technology Contracts Contains 23 Chapter and 428 Articles Background The new PRC Contract Law mirrors provisions of the U.N. Convention on the International Sale of Goods (CISG), some ideas of the Uniform Commercial Code, and some modern trends in Western law. It also removes punitive provisions of prior law, provides for remedies for breach, contemplates specific performance, and frowns on penalty clauses not related to actual losses. Definition of a Contract Article 2 of the new Contract Law provides that a contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing. A contract is an agreement between the subjects, no matter they are natural persons, legal persons or other organizations. A contract is an agreement of civil relationship being concluded and signed by and between specific civil subjects, that is, by and between two or more natural persons, by and between natural person(s) and legal person(s) or other organization(s), by and between legal persons, by and between legal person(s) and other organization(s). Scope of the New Law Excluded: Contracts involving personal status relationship, such as on matrimony, adoption, guardianship, etc., under the provisions of other laws. Contracts for guarantee or for insurance. Other contracts not covered in the “Specific Provisions”. All contracts must follow the “General Provisions” of the new contract law, even thou