Contract Law of the People's Republic of China Updated: 2006-04-17 10:00
(Adopted at the Second Session of the Ninth
National People's Congress on March 15, 1999)
Chapter 1 General Provisions
Article 1 This Law is formulated with a view to protecting the lawful rights
and interests of the parties to contracts, maintaining the social economic order
and promoting the progress of the socialist modernization drive.
Article 2 A contract in this Law refers to an agreement establishing,
modifying and terminating the civil rights and obligations between subjects of
equal footing, that is, between natural persons, legal persons or other
organizations. Agreements involving personal status relationship such as on
matrimony, adoption, guardianship, etc. Shall apply the provisions of other
Laws.
Article 3 The parties to contract shall have equal legal status. No party may
impose its will on the other party.
Article 4 The parties shall have the rights to be voluntary to enter into a
contract in accordance with the law. No unit or individual may illegally
interfere.
Article 5 The parties shall abide by the principle of fairness in defining
the rights and obligations of each party.
Article 6 The parties must act in accordance with the principle of good
faith, no matter in exercising rights or in performing obligations.
Article 7 In concluding and performing a contract, the parties shall abide by
the laws and administrative regulations, observe social ethics. Neither party
may disrupt the social-economic order or damage the public interests.
Article 8 As soon as a contract is established in accordance with the law, it
shall be legally binding on the parties. The parties shall perform their
respective obligations in accordance with the terms of the contract. Neither
party may unilaterally modify or rescind the contract.
The contract established according to law shall be under the protection of
law.
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