Contract Law of the People's Republic of China Updated: 2006-04-17 10:00 Where there are two or more kinds of interpretation, an interpretation
unfavourable to the party supplying the standard terms shall be preferred. Where
the standard terms are inconsistent with non-standard terms, the latter shall be
adopted.
Article 42 The party shall be liable for damages if it is under one of the
following circumstances in concluding a contract and thus causing losses to the
other party:
(1) disguising and pretending to conclude a contract, and negotiating in bad
faith; (2) concealing deliberately the important facts relating to the
conclusion of the contract or providing deliberately false information; (3)
performing other acts which violate the principle of good faith.
Article 43 A business secret the parties learn in concluding a contract shall
not be disclosed or unfairly used, not matter the contract is established or
not. The party who causes the other party to suffer from losses due to
disclosing or unfairly using the business secret shall be liable for damages.
Chapter 3 Effectiveness of Contracts
Article 44 The contract established according to law becomes effective when
it is established.
With regard to contracts which are subject to approval or registration as
provide for by the laws or administrative regulations, the provisions thereof
shall be followed.
Article 45 The parties may agree on some collateral conditions relating to
the effectiveness of a contract. The contract with entry-into-force conditions
shall be effective when such conditions are accomplished. The contract with
dissolving conditions shall be null and void when such conditions are
accomplished.
To unfairly prevent the conditions from being accomplished by one party for
its own interests shall be regarded as those conditions have been accomplished.
To unfairly promoting the accomplishment of such conditions by one party shall
be regarded as non-accomplishment.
Article 46 The parties may agree on a conditional time period as to the
effectiveness of the contract. A contract subject to an effective time period
shall come into force when the period expires.
A contract with termination time period shall become invalid when the period
expires.
(For more biz stories, please visit Industry Updates)
|