Contract Law of the People's Republic of China Updated: 2006-04-17 10:00 Chapter 8 Miscellaneous Provisions
Article 123 If there are provisions as otherwise stipulated in respect to
contracts in other laws, such provisions shall be followed.
Article 124 Any contract which is not addressed explicitly in the Specific
Provisions of this Law or in other laws shall apply the provisions of the
General Provisions of this Law or in other laws may be applied mutatis mutandis.
Article 125 With regard to disputes between the parties to a contract arising
from the understanding of any clause of the contract, the true intention of such
clause shall be determined according to the terms and expressions used in the
contract, the contents of the relevant clauses of the contract, the purpose for
concluding the contract, the transaction practices and the principle of good
faith.
Where two or more languages are adopted in the text of a contract and it is
agreed that both texts are equally authentic, it shall be presumed that the
terms and expressions in various versions have the same meaning. In case that
the terms and expressions in different versions are inconsistent, they shall be
interpreted according to the purpose of the contract.
Article 126 The parties to a contract involving foreign interests may choose
the law applicable to the settlement of their contract disputes, except as
otherwise stipulated by law. If the parties to a contract involving foreign
interests have not made a choice, the law of the country to which the contract
is most closely connected shall be applied.
The contracts for Chinese-foreign equity joint ventures, for Chinese-foreign
contractual joint ventures and for Chinese-foreign cooperative exploration and
development of natural resources to be performed within the territory of the
People's Republic of China shall apply the laws of the People's Republic of
China shall apply the laws of the People's Republic of China shall apply the
laws of the People's Republic of China.
Article 127 The departments of administration for industry and commerce and
other competent departments shall, within the scope of their respective
competence and functions, be responsible for supervision over and dealing with
illegal acts in taking advantage of contracts to endanger and harm the State
interests and public interests. In case that a crime is constituted, criminal
responsibility shall be investigated.
Article 128 The parties may settle their disputes relevant to the contract
through conciliation or mediation.
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