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General Provisions of Chinese Law on Contracts

Source:chinese lawyer    Time:2023-05-03    Click:

Article 463 This Part regulates civil relations arising from contracts.
Article 464 A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.
Agreements related to identity relationships such as marriage, adoption, and guardianship shall be governed by the legal provisions on the identity relationship; if there is no provision, the provisions of this Part may be applied by reference according to their nature.
Article 465 Contracts established in accordance with the law shall be protected by law.
A legally established contract is only legally binding on the parties, except as otherwise provided by law.
Article 466 Where there is a dispute between the parties regarding the understanding of the terms of the contract, the meaning of the disputed terms shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.
If the contract text is concluded in two or more languages and agrees to have the same effect, the words and sentences used in each text are presumed to have the same meaning. If the words and sentences used in the various texts are inconsistent, they shall be interpreted according to the relevant clauses, nature, purpose and principle of good faith of the contract.
Article 467 For contracts that are not expressly regulated by this Law or other laws, the provisions of the General Principles of this Part shall apply, and the provisions of this Part or other laws that are most similar to contracts may be applied by reference.
The laws of the People's Republic of China shall apply to the contracts of Sino-foreign equity joint ventures, contracts of Sino-foreign contractual joint ventures, and contracts of Sino-foreign cooperative exploration and development of natural resources performed within the territory of the People's Republic of China.

Article 468 For creditor-debtor relationships not arising from a contract, the legal provisions on the creditor-debt relationship shall apply; if there are no regulations, the relevant provisions of the General Rules of this Part shall apply, except for those that cannot be applied due to their nature.


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