Contract Law of the People's Republic of China Updated: 2006-04-17 10:00 Article 64 Where the parties agree that the obligor performs the obligations
to a third party, and the obligor fails to perform the obligations to the third
party or the performance does not meet the terms of the contract, the obligor
shall be liable to the obligee for the breach of contract.
Article 65 Where the parties agree that a third party performs the
obligations to the obligee, and the third party fails to perform the obligations
or the performance does not meet the terms of the contract, the obligor shall be
liable to the obligee for the breach of contract.
Article 66 If both parties have obligations toward each other and there is no
order of priority in respect of the performance of obligation, the parties shall
perform the obligations simultaneously. One party has the right reject the other
party's request for performance if the other party's performance. One party has
the right to reject the other party's corresponding request for performance if
the other party's performance does not meet the perms of the contract.
Article 67 Where both parties have obligations towards each other and there
has been an order of priority in respect of the performance, and the party which
shall render its performance first has not rendered the performance, the party
which may render its performance lately has the right to reject the other
party's request for performance. Where the party which shall render its
performance first violates the terms of a contract while fulfilling the
obligations, the party which may render its performance lately has the right to
reject the other party's corresponding request for performance.
Article 68 One party, which shall render its performance first, may suspend
its performance, if it has conclusive evidence that the other party is under any
of the following circumstances:
(1) Its business conditions are seriously deteriorating; (2) It moves
away its property and takes out its capital secretly to evade debt; (3) It
loses its commercial credibility; (4) Other circumstances showing that it
loses or is possible to lose the capacity of credit.
Where a party suspends performance of a contract without conclusive evidence,
it shall be liable for the breach of contract.
Article 69 One party to a contract which suspends its performance of the
contract in accordance with the provisions of Article 68 of this Law, shall
promptly inform the other party of such suspension. It shall resume its
performance of the contract when the other party provides a sure guarantee.
After the suspension of the performance, if the other party does not reinstate
its capacity of performance and does not provide with a sure guarantee, the
party suspending performance of the contract may rescind the contract.
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