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In order to protect the legitimate rights and interests of the parties to the contract, maintain the social and economic order, and promote socialist modernization. It 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 came into force on October 1, 1999. A total of 428 articles in Chapter 23.
On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Contract Law of the People's Republic of China shall be repealed at the same time.
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Legal analysis: The Contract Law has now been uniformly changed to the Civil Code, and the general term for the legal norms for the establishment, modification, and termination of civil rights and obligations between self-directed persons, legal persons, and other organizations of equal subjects. Civil law refers to the general term of legal norms that regulate property relations and personal relations between equal subjects.
Contract law falls under the category of civil law.
Legal basis: Article 460 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
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Contract law falls under the category of civil law. Contract Law is a general term for the legal norms that regulate the establishment, modification, and termination of civil rights and obligations between natural persons, legal persons, and other organizations that are equal subjects. Civil law refers to the general term of legal norms that regulate property relations and personal relations between equal subjects.
Contract law falls under the category of civil law.
Article 479 of the Civil Code of the People's Republic of China provides that an undertaking is an expression of the offeree's intention to agree to the offer. Article 587 of the Civil Code of the People's Republic of China provides that if the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
Article 585 of the Civil Code of the People's Republic of China provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Article 480 of the Civil Code of the People's Republic of China provides that the commitment shall be made by way of notice; However, this does not apply if it is based on trading habits or offers that it is possible to make a commitment through conduct. Article 588 of the Civil Code of the People's Republic of China provides that if the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.
Article 481 of the Civil Code of the People's Republic of China undertakes that the offeror shall be reached within the time limit specified in the offer. If the offer does not specify a commitment period, the acceptance shall be reached in accordance with the following provisions: (1) If the offer is made in a dialogue manner, the acceptance shall be made immediately; (2) If the offer is made in a non-dialogue manner, the acceptance shall be completed within a reasonable period of time.
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Summary. Contract law is a general term for the legal norms that regulate the commodity exchange relationship between equal subjects, which regulates the contractual relationship such as the conclusion, validity, performance, modification, rescission, termination, and liability for breach of contract. Contract law has the following characteristics:
1) Contract law emphasizes the principles of equality of subjects, voluntary negotiation, and equivalent compensation. These principles are the basic principles of commodity exchange. (2) The Contract Law implements the principle of freedom of contract.
In contract law, contractual relationships are mainly regulated through arbitrary legal norms. ** Intervention in the economic activities of the parties through contractual relationships is strictly limited to reasonable limits. (3) Contract law provides legal protection for the parties to property relations from a dynamic perspective.
The Contract Law regulates the commodity exchange relationship, that is, adjusts the dynamic property circulation relationship.
Contract Law is a general term for the legal norms that regulate the upgrading of commodity exchange relations between equal subjects, which regulates the conclusion, validity, performance, modification and rescission, termination, breach of contract and other contractual relationships. Contract law has the following characteristics: (1) Contract law emphasizes the principles of equality of subjects, voluntary negotiation, and equivalent compensation.
These principles are the basic principles of commodity exchange. (2) The Contract Law implements the principle of freedom of contract. In contract law, contractual relationships are mainly regulated through arbitrary legal norms.
** Interference with the economic activities of the parties through contractual relationships is strictly limited to the extent of reasonable swift laughter. (3) The Contract Law provides the parties with legal protection of property relations from a dynamic perspective. The Contract Law regulates the commodity exchange relationship, that is, adjusts the dynamic property circulation relationship.
China's contract legislation began in the early days of reform and opening up, in the process of changing from a planned economic system to a planned commodity economy system. In addition to the principle provisions of the General Principles of the Civil Law for the adjustment of contractual relations, the Economic Contract Law (promulgated in 1981 and amended in 1993), the Shenzhen Economic Contract Law (1985) and the Technical Contract Law (1987) were also promulgated, as well as a large number of regulations and regulations on single-file sailing. All these have greatly promoted the reform of China's economic structure and the cultivation and development of China's socialist market economy.
On March 15, 1999, the Second Session of the Ninth National People's Congress passed the Contract Law of the People's Republic of China, which came into force on October 1, 1999.
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