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This chart lists the topics and their corresponding articles in the Chinese Contract Law. An English translation of the Law can be downloaded from the website: www.cclaw.net
Topic |
Article # |
Purpose of the Law |
1 |
Definition of Contract |
2 |
Freedom of Contract Principle |
3, 4 |
Fairness Principle |
5 |
Good Faith Principle |
6 |
Legality Principle |
7 |
Binding Effect of Contract |
8 |
Capacity |
9 |
Forms of Contract |
10, 11 |
Terms of Contract |
12 |
Offer-Acceptance |
13-31 |
Time of Formation |
32,-33 |
Place of Formation |
34-35 |
Effect of Failure to Comply with Form Requirements |
36-37 |
Contract Pursuant to State Mandated Plan |
38 |
Standard Terms |
39-41 |
Pre-contract Liabilities |
42 |
Confidentiality Obligations |
43 |
Effectiveness of Contract |
44 |
Conditions |
45 |
Contract Term |
46 |
Contract by Person with Limited Capacity |
47 |
Contract by Unauthorized Agent |
48-49 |
Contract by Legal Representative |
50 |
Disposal of Property without Ownership |
51 |
Invalid Contracts |
52-53 |
Contracts Subject to Cancellation |
54-55 |
Effect of Invalidation or Cancellation of Contract |
56 |
Validity of Dispute Resolution Provision |
57 |
Remedies in Case of Invalidation or Cancellation |
58-59 |
Performance in Good Faith |
60 |
Indeterminate Terms |
61-62 |
Performance at Government Mandated Price |
63 |
Intended Third Party Beneficiary |
64 |
Performance by Third Party |
65 |
Order of Performance |
66-67 |
Suspension of Performance |
68-70 |
Early Performance |
71 |
Partial Performance |
72 |
Subrogation |
73 |
Obligee’s Right to Cancel Unreasonable Act of Obligor |
74-75 |
Party’s Internal Change Not Excuse for Non-performance |
76 |
Amendment |
77-78 |
Assignment of Rights |
79-83 |
Delegation of Obligations |
84-86 |
Administrative Approval of Assignment or Delegation |
87 |
Concurrent Assignment & Delegation |
88-90 |
Circumstances for Discharge |
91 |
Post-discharge Obligations |
92 |
Termination |
93-97 |
Settlement & Winding-up Provisions Not Affected by Discharge |
98 |
Set-off |
99-100 |
Escrow |
101-104 |
Release |
105 |
Merger of Rights & Obligations |
106 |
Types of Liabilities for Breach (Remedies) |
107 |
Anticipatory Breach |
108 |
Specific Performance |
109-110 |
Rectification in Case of Quality Non-compliance |
111 |
Damages |
112-114 |
Deposit |
115 |
Election between Deposit or Liquidated Damages Clause |
116 |
Force Majeure |
117-118 |
Duty to Mitigate Loss in Case of Breach |
119 |
Bilateral Breach |
120 |
Breach Due to Third Party Action |
121 |
Election of Relief in Contract or in Tort |
122 |
Application of Other Laws |
123 |
Applicability to Non-categorized Contract |
124 |
Interpretation |
125 |
Choice of Law Provision |
126 |
Role of Regulatory Agencies |
127 |
Method of Dispute Resolution |
128 |
Time Limit for Action |
129 |
Sales Contracts |
130-175 |
Contracts for Supply of Power, Water, Gas or Heat |
176-184 |
Gift Contracts |
185-195 |
Contracts for Loan of Money |
196-211 |
Leasing Contracts |
212-236 |
Financial Leasing Contracts |
237-250 |
Work-for-hire Contracts |
251-268 |
Contracts for Construction Projects |
269-287 |
Carriage Contracts |
288-321 |
Technology Contracts |
322-364 |
Safe-keeping Contracts |
365-380 |
Warehousing Contracts |
381-395 |
Agency Appointment Contracts |
396-413 |
Trading Trust Contracts |
414-423 |
Brokerage Contracts |
424-427 |
Effective Date of the Law & Repeal of Previous Contract Laws |
428 |