Paragraph 1 of Article 61 of the Contract Law

Article 61 of the Contract Law After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

On March 15, 1999, the Second Session of the Ninth National People's Congress passed and promulgated the Contract Law of the People's Republic of China.

Hello, according to the Contract Law of the People's Republic of China

Article 61: [Remedies for Unclear Contract Agreements]After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 62: [Performance when the contract is unclear]Where the parties are unclear on the content of the relevant contract, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the following provisions apply:

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

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear it.

Please check the above clause, there is no first paragraph of Article 61 you are talking about, perhaps because of the update of the Contract Law, the first paragraph of Article 61 you refer to may be the first paragraph of Article 62.

Article 62: [Performance when the contract is unclear]Where the parties are unclear on the content of the relevant contract, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the following provisions apply:

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

Hope it helps, thank you.

Article 61 Remedies for unclear contractual provisions.

After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Legal analysis: Article 60 of the original Contract Law mainly stipulates some obligations that the parties need to perform in accordance with the requirements of the contract, and the parties need to follow the principle of honesty and trustworthiness during the conclusion and performance of the contract. However, since 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.

The Contract Law of the People's Republic of China shall be repealed at the same time.

Legal basis: Civil Code of the People's Republic of China

Article 463:This Part regulates civil relations arising from contracts.

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing a simple contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Legal analysis: Article 60 of the Contract Law corresponds to Article 509 of the Civil Code of the People's Republic of China.

Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and destroying the positive state.

The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

1. Fully fulfill the principle.

Paragraph 1 of Article 60 of the Contract Law stipulates that "the parties shall fully perform their obligations in accordance with the agreement". This provision establishes the principle of full implementation.

The principle of full performance, also known as the principle of proper performance or the principle of correct performance. It requires the parties to fully complete the performance of their contractual obligations in accordance with the quality and quantity of the subject matter agreed in the contract, the performance period and place agreed in the contract, the appropriate way of performance, and the performance of contractual obligations.

2. The principle of good faith.

Paragraph 2 of Article 60 of the Contract Law stipulates that "the parties shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality in accordance with the nature, purpose and transaction habits of the contract." This provision can be understood as a confirmation of good faith as a basic principle in the performance of the contract.

3. The principle of change of circumstances.

The principle of change of circumstances refers to the fact that after the conclusion of the contract and before the completion of performance, the basis and environment of the existence of the contract are changed due to reasons not attributable to the parties, and if the contract continues to be performed, it will be fair, so it is allowed to change the contract or terminate the contract.

The principles of contract performance mainly include the following aspects:

First, the principle of full performanceArticle 60, paragraph 1 of the Contract Law stipulates that "the parties shall fully perform their obligations in accordance with the agreement". This provision establishes the principle of full implementation.

The principle of full performance, also known as the principle of proper performance or the principle of correct performance. It requires the parties to fully complete the performance of the obligations of the contract in accordance with the subject matter and its quality and quantity, the performance period, place of performance, appropriate performance method agreed in the contract, and the performance principle of the contract.

Second, the principle of good faithArticle 60, paragraph 2 of the Contract Law stipulates that "the parties shall follow the principle of good faith and perform their obligations such as notification, assistance and confidentiality in accordance with the nature, purpose and transaction habits of the contract." ”

Third, the principle of cooperative performanceThe principle of cooperative performance refers to the principle that the parties should not only properly perform their contractual debts, but also assist the other party in fulfilling their debts based on the requirements of the principle of good faith.

Fourth, the principle of change of circumstances.

Legal basis

Article 60 of the Contract Law of the People's Republic of China.

The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

[Strict Performance and Good Faith] The parties shall fully perform their obligations in accordance with the agreement.

The Contract Law of the People's Republic of China (the law of the People's Republic of China) was formulated 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.

Meaning of Contract.

An agreement between two or more parties (natural or legal persons) on establishing, modifying, or terminating civil legal relations. This type of contract is one of the most common and important grounds for the creation of debts, so it is also called a creditor's contract. Economic contracts as stipulated in the Contract Law of the People's Republic of China fall within the scope of creditor's rights contracts.

A contract also sometimes refers to an agreement in which certain rights and obligations arise. Also known as a contract. Such as sales contracts, apprenticeship contracts, labor contracts, and contracts signed between factories and workshops.

Article 60, paragraph 1: The parties shall fully perform their obligations in accordance with the agreement.

Legal Analysis: This article sets out the principle of good faith performance. The principle of good faith occupies a special position in contract law, and in the performance of contracts, good faith performance also constitutes the basic principle of contract performance.

The parties to the contract shall exercise their creditor's rights and perform their debts in accordance with the principle of good faith. Where the provisions of the contract conform to the principle of good faith, the parties shall strictly perform the contract and must not modify or terminate it without authorization. The principle of good faith performance is derived from the ancillary obligations of performance.

In addition to the fact that the parties should perform their own duties in accordance with the contract. It is also necessary to perform obligations such as assistance, notification, confidentiality, and prevention of the expansion of losses that are not stipulated in the contract but should be performed in accordance with the principle of good faith.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, the contract shall go through the formalities such as approval, and follow its provisions.

If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.