Economic Contract Law Of The People'S Republic Of China

(adopted at the fourth session of the Fifth National People's Congress on December 13, 1981,

Revision of the third session of the Standing Committee of the Eighth National People's Congress in September 2, 1993

general provisions

Article 1 this law is formulated for the purpose of safeguarding the healthy development of the socialist market economy, protecting the legitimate rights and interests of the parties to the economic contract, maintaining the social and economic order and promoting the socialist modernization drive.

The second law applies to contracts between legal persons, other economic organizations, individual industrial and commercial households, and rural contractual operators, which are equal civil subjects, in order to achieve certain economic objectives and clarify the relationship between rights and obligations.

The third economic contracts should be written in addition to those immediately cleared.

The documents, telegrams and charts related to the modification of the contract agreed by the parties are also part of the contract.

Fourth, when concluding economic contracts, they must abide by laws and administrative regulations, and no unit or individual may use the contract to carry out illegal activities, disrupt social and economic order, damage national interests or social public interests, and seek illegal income.

Fifth, the conclusion of economic contracts should follow the principle of equality, mutual benefit and consensus.

Neither party shall impose its will on the other side.

No unit or individual is allowed to interfere illegally.

The Sixth economic contract is legally binding, and the parties must fully fulfill the obligations stipulated in the contract. Neither party may alter or terminate the contract without authorization.

Seventh the following economic contracts are invalid:

I. contracts that violate laws and administrative regulations;

Two, take the contract signed by bullying and coercion.

Three, a contract signed by an agent exceeding the agency's authority or a contract signed by the agent in the name of the agent or himself or others.

Four, economic contracts that violate national interests or social and public interests.

An invalid economic contract shall not be legally binding from the time it is concluded, and if the economic contract is partially void, other parts shall remain valid if it does not affect the validity of the rest.

The invalidity of an economic contract shall be confirmed by the people's court or the arbitration institution.

The eighth purchase and sale, construction contract, processing contract, freight pportation, electricity supply, storage and custody, property lease, loan, property insurance and other economic contracts shall be governed by the provisions of this law except as otherwise provided by law.

The second chapter is about the conclusion and performance of economic contracts.

The ninth parties agree on the main clauses of the economic contract according to law, and the economic contract is established.

The tenth way to make an economic contract is to obtain the entrustment's certificate of entrustment and sign it in the name of the trustor in the name of the authorized party.

Where the eleventh countries issue mandatory plans to the enterprises as required, contracts shall be signed between the enterprises concerned in accordance with the rights and obligations of the enterprises prescribed by relevant laws and administrative regulations.

The twelfth economic contracts should have the following main clauses:

I. subject matter (goods, labor, engineering items, etc.);

Two, quantity and quality;

Three, price or remuneration;

Four. The time, place and mode of performance;

Five, liability for breach of contract.

According to the provisions of the law or according to the nature of the economic contract, as well as the requirements of the party's request, it is also the main clause of the economic contract.

When the thirteenth economic contracts fulfill their obligations in monetary terms, they shall be calculated and paid in Renminbi unless otherwise stipulated by laws or administrative regulations.

In addition to the state's obligation to use cash to fulfill obligations, it must be settled through bank pfer or bill settlement.

The fourteenth party may pay a deposit to the other party.

After the performance of the economic contract, the deposit shall be recovered or the price shall be paid.

If the party paying the deposit fails to perform the contract, he shall not have the right to ask for the return of the deposit.

If the party receiving the deposit fails to perform the contract, it shall double the deposit.

If the Fifteenth Party in the economic contract asks for a guarantee, it can be guaranteed by the guarantor.

The assured party fails to perform the contract, which is performed by the surety or jointly and severally liable in accordance with the guarantee agreement.

After the sixteenth economic contract is confirmed invalid, the property acquired by the parties on the basis of the contract shall be returned to the other party.

The party with fault shall compensate the other party for the losses it has suffered; if both parties are at fault, each party shall bear corresponding responsibilities.

The seventeenth purchase and sale contracts (including contracts for supply, purchase, pre purchase, purchase and sale, cooperation and adjustment, etc.) shall be executed in accordance with the following requirements in terms of product quantity, product quality and packaging quality, product price and delivery deadline.

First, the quantity of products should be negotiated by the suppliers and buyers.

The measurement method of product quantity shall be carried out in accordance with the provisions of the state; without the provisions of the state, it shall be executed according to the agreed method between the supplier and the buyer.

Two, product quality requirements and packaging quality requirements, which have mandatory national standards or mandatory standards of industry, must not be lower than the national mandatory standards or mandatory standards for industries. No national mandatory standards or mandatory standards for industry are required, and the two sides should negotiate and sign them.

The supplier must be responsible for the quality of the product and the quality of the packaging, and provide necessary technical information or actual samples for acceptance.

The inspection and quarantine methods for product quality shall be carried out in accordance with the relevant regulations approved by the State Council.

Three, the price of the product shall be negotiated and agreed by the parties unless the state stipulates that the State price must be implemented.

In carrying out the state pricing, the price shall be calculated at the time of delivery at the time of the adjustment of the State price within the time limit for delivery stipulated in the contract.

In case of overdue delivery, when the price increases, the original price shall be executed; when the price falls, the new price shall be implemented.

The overdue delivery or overdue payment shall be executed according to the new price when the price rises; when the price falls, the original price shall be executed.

Four, the time limit for delivery shall be fulfilled in accordance with the contract stipulations.

If any party requests to advance or postpone delivery, the agreement should be reached in advance and executed according to the agreement.

Eighteenth contracts for construction projects, including investigation, design, construction and installation, can be signed by a general contracting unit and a construction unit, and a number of contracting units and construction units shall sign contracts respectively.

Contracts for major construction projects of the State shall be signed in accordance with the procedures prescribed by the state and investment plans, plans, tasks and other documents approved by the state.

In the survey and design contract, the time required for the survey and design basic data, design documents (including budgetary estimate), quality requirements for design, and other terms of cooperation shall be stipulated.

In the contract for building and installation works, it is necessary to specify the scope of the project, the time limit for the construction, the completion time, the quality of the project, the cost of the project, the time to deliver the technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the acceptance of the works, and the cooperation between the two sides.

The completion and acceptance of construction projects shall be based on construction drawings and specifications, specifications for construction acceptance and quality inspection standards issued by the state.

The nineteenth processing contract should be signed according to the name, item, quality requirement and the processing, setting and repairing ability of the contractor.

Unless otherwise stipulated in the contract, the contractor must complete the main parts of the processing, making and repairing tasks with his own equipment, technology and labor, and shall not assign the tasks he accepted to the third party without the consent of the ordering party.

The ordering party shall accept the goods or work done by the contractor and pay the remuneration.

The Contractor shall inspect the raw materials provided by the ordering party in time, and shall notify the ordering party immediately to change or fill it if it fails to meet the requirements of the contract.

The Contractor shall not replace the raw materials provided by the ordering party without changing the parts for repair, and shall be liable for breach of the contract.

The Contractor shall repair the premises or process non-standard items in batch, and shall receive the necessary inspection and supervision by the designated party, but the ordering party shall not obstruct the normal work of the contractor.

The Contractor shall undertake the tasks of duplication, design, plation, and performance testing and inspection of the articles of manufacture, and the other party shall require confidentiality.

It should be strictly observed.

If the ordering party does not receive the fixed crops for 6 months beyond the time limit, the Contractor shall have the right to sell the fixed crops and the proceeds shall be deposited in the bank in the name of the fixed party after deducting the remuneration and storage costs.

The twentieth contract of carriage of goods is negotiated by the consignor and the carrier.

Where intermodal pport is involved, the responsibilities and pfer methods of both parties or parties shall be clearly defined.

If the consignment goods are packed according to the regulations, the consignor must be packed in accordance with the standards prescribed by the state competent authorities. If there is no uniform packing standard, the packing shall be packed according to the principle of ensuring the safety of the goods pported, otherwise the carrier has the right to refuse to accept the shipment.

Twenty-first contracts for power supply and consumption are signed according to the needs of the electricity users and the electricity supply volume. The contract shall clearly stipulate the provisions of electricity, electricity, electricity consumption and liabilities for breach of contract.

The twenty-second warehousing contract is negotiated by the two sides according to the entrusted storage plan of the inventor and the warehousing energy of the depositary.

The storage of sporadic goods is signed according to the relevant warehousing regulations.

Warehousing contract shall clearly stipulate the name, specification, quantity and method of storage, acceptance items and acceptance methods, warehousing, outgoing formalities, loss standard and loss handling, cost burden and settlement method, breach of contract liability and other provisions.

The warehousing agent shall check the goods in storage according to the packaging appearance, goods variety, quantity and quality stipulated in the contract. If the goods found are not in conformity with the contract stipulations, the depositary shall be notified in time.

If the goods are not in conformity with the stipulations of the contract after acceptance, the safekeeping party shall be liable for compensation.

The inventor shall provide the depository with the necessary information on the acceptance of the goods, otherwise the variety, quantity and quality of the goods shall not conform to the stipulations of the contract.

The custodian is not liable for compensation.

The twenty-third property lease contract shall stipulate clearly the name, quantity, purpose, duration of lease, the time limit for paying rent and rent, the obligation to repair and maintain property during the lease term, and the liability for breach of contract.

The lessor shall give the leased property to the lessee for use in accordance with the time and standards stipulated in the contract.

If the lessor pfers ownership of the property to the third party, the lease contract will continue to be effective for the new owner of the property.

The lessee may assign the lease item to the third party for rent purposes because of his work needs, but he must obtain the consent of the lessor in advance.

The standard of rent shall be signed in accordance with uniform regulations if the state has unified provisions.

The twenty-fourth loan contracts shall comply with the relevant provisions of the State Council.

In the contract, the amount, purpose, time limit, interest rate, settlement method and liability for breach of contract shall be specified clearly.

The twenty-fifth property insurance contract is set up by the insurer, which is required by the insurer to agree to underwrite and agree to the terms of the contract.

The insurer shall issue insurance policies or other insurance certificates to the insured in a timely manner.

Insurance pigeons shall clearly stipulate the terms and conditions of the insurance, location, or insurance, liability, exclusions, compensation, insurance premium payment, and duration of insurance.

The insured party shall maintain the safety of the insured property.

The insurer may inspect the safety situation of the insured property. If unsafe factors are found, the insured party shall be notified in time for clearance.

The loss of the insured property shall be compensated by third persons. If the insurer requests the insurer to make a claim, the insurer may first make compensation in accordance with the contract stipulations, but the insured must pfer the right of recourse to the insurer and assist the insurer to recover the third party in the direction of insurance.

The third chapter is the alteration or dissolution of economic contracts.

Twenty-sixth, any one of the following situations may permit the alteration or dissolution of an economic contract:

First, the parties agree through consultation, and do not harm the interests of the state and the public interest.

Two, due to force majeure, all obligations of the economic contract can not be fulfilled.

Three, because the other party fails to fulfill the contract within the time limit stipulated in the contract.