Contract Law and Interpretations: Understanding and Application

Author: Tang Huade Sun Xiujun
Publisher:
Publish Date: 2004-04-01
Features: The "Contract Law of the People's Republic of China" (hereinafter referred to as the Contract Law) has been in effect for several years. Practice has proven that the Contract Law is an exemplary piece of legislation, a fundamental civil law that protects the legitimate rights and interests of contracting parties and regulates and standardizes the order of the socialist market economy. It has played a significant role in safeguarding and promoting the healthy development of the socialist market economy. Since the promulgation and implementation of the Contract Law, the Standing Committee of the National People's Congress has passed the "Government Procurement Law of the People's Republic of China," the Supreme People's Court has issued judicial interpretations such as "Interpretations on Several Issues Concerning the Application of the Contract Law of the People's Republic of China" and "Approval on the Priority Right of Construction Project Payment," and the State Council has issued administrative regulations such as the "Regulations on the Administration of Technology Import and Export" and the "Regulations on Survey and Design of Construction Projects." Relevant ministries and commissions have also issued the "General Provisions of the Catalogue for the Identification and Registration of Technology Contracts," including:
Chapter 1: General Provisions
Chapter 2: The Formation of Contracts
Chapter 3: The Validity of Contracts
Chapter 4: Performance of Contracts
Chapter 5: Variation and Assignment of Contracts
Chapter 6: Termination of Contractual Rights and Obligations
Chapter 7: Liability for Breach of Contract
Chapter 8: Other Provisions
Chapter 9: Sales Contracts
Chapter 10: Contracts for Supply of Electricity, Water, Gas, and Heat
Chapter 11: Gift Contracts
Chapter 12: Loan Contracts
Chapter 13: Lease Contracts
Chapter 14: Financial Lease Contracts
Chapter 15: Work Contracts
Chapter 16: Construction Project Contracts
Chapter 17: Transport Contracts
Chapter 18: Technology Contracts
Chapter 19: Custody Contracts
Chapter 20: Warehousing Contracts
Chapter 21: Agency Contracts
Chapter 22: Brokerage Contracts
Chapter 23: Intermediary Contracts