理论联系实际谈谈如何建立良好的人际关系
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- 提问者网友：辞取
- 2021-10-19 13:13
理论联系实际谈谈如何建立良好的人际关系
最佳答案
- 二级知识专家网友：渊鱼
- 2021-10-19 14:53
March 15, 1999 the Ninth National People's Congress adopted the second meeting of March 15, 1999 Decree of the President People's Republic of China announced its 15th since October 1, 1999 will come into effect)
Contents
General
Chapter I General provisions
Chapter II of the contract entered into
Chapter III of the effectiveness of contract
Chapter IV of the performance of the contract
Chapter V of the change and transfer of contracts
Chapter VI of the rights and obligations of the contract termination
Chapter VII Liability
Other provisions of Chapter VIII
Sub -
Chapter IX Sale
Chapter X for electricity, water, gas, heat the contract
Chapter XI grant contract
Chapter XII loan contract
Chapter XIII lease contract
Chapter XIV finance lease contracts
Chapter XV of the contract Forwarders
Chapter XVI construction contract
Chapter XVII the contract of carriage
Chapter XVIII of the technical contract
Chapter XIX custody contract
Chapter 20th warehousing contract
Chapter twenty-first commissioned by the contract
Twenty-second chapter行纪合同
Chapter twenty-brokered contract
Supplementary Provisions
General
Chapter I General provisions
First in order to protect the legitimate rights and interests of parties to the contract, the maintenance of socio-economic order, promoting the socialist modernization, the development of this law.
The second equality of this alleged contract is the subject of natural persons, legal persons and other organizations to establish, change, termination of the relationship between civil rights and obligations of the agreement.
Marriage, adoption, guardianship status of the relationship, the application of other laws.
Third parties to the contract of the legal status of equality, one should not impose its will to the other.
Article IV of the parties voluntarily entered into the contract are legally entitled to the rights of any unit or individual may illegally interfered with.
Article V should be guided by the principle of equity the parties to determine the rights and obligations of the parties.
Article VI of the parties to exercise their rights, meet their obligations should be guided by the principle of good faith.
Article VII of the parties to enter into, carry out the contract, should abide by laws and administrative regulations, respect social morality must not disturb the socio-economic order, impair the social and public interests.
Article VIII of the contract set up in accordance with the law, legally binding on the parties. Should be in accordance with the agreement the parties to fulfill their obligations, may change or cancel the contract.
The establishment of the contract in accordance with the law, protected by law.
Chapter II of the contract entered into
Article IX parties enter into the contract, should have the corresponding ability of civil rights and civil capacity.
Representations to the parties to a contract in accordance with the law.
Article X of the parties to enter into contracts, in writing, oral and other forms.
Laws and administrative regulations in written form, it should be in writing. The parties have agreed in writing, should be in writing.
Article XI refers to the contract in writing, books, letters and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangible, such as contained in the form of performance.
Article XII of the contents of the contract agreed upon by the parties generally include the following provisions:
(A) the names of the parties or the name and residence;
(B) of the subject;
(C) the number;
(D) quality;
(E) price or remuneration;
(F) To fulfill the period, place and manner;
(Vii) liability for breach of contract;
(Viii) methods of dispute resolution.
The parties can refer to the text of the different types of contracts entered into the contract model.
Article XIII of the parties to enter into contracts, to take the offer, a commitment.
Article XIV and others to offer the hope that the conclusion of the contract meant that the meaning that should meet the following requirements:
(A) determine the specific content;
(B) show that the commitment to withstand the offeror, the offeror that is bound by the meaning of that.
Article XV of the offer is to invite others to offer their own meaning of that issue. Send the price list, auction notices, tenders, prospectus, commercial advertising, such as an invitation to submit offers.
Commercial advertising in line with the provisions of the offer as an offer.
Article XVI of an offer by the offeror arrived at the entry into force.
Data message using the form of a contract, the recipient system to receive specific data message, the message data into the specific system time, as the arrival time; do not specify a particular system, the data message enters the recipient's of any system the first time, as the arrival time.
Article XVII of an offer may be withdrawn. Notice of the offer should be withdrawn in the offer by the offeror prior to arrival or with the offer by the offeror arrived at the same time.
Article XVIII of an offer may be revoked. Notice of revocation of the offer by the offeror should be notified to issue an undertaking by the offeror prior to arrival.
Article XIX of the following circumstances, an offer may not be revoked:
(A) the offeror or identified commitment period in order to offer other forms of explicit irrevocable;
(B) the offeror has reason to believe that the offer is irrevocable and has made preparations to perform the contract.
For the lucky bankers, and the offer lapsed:
(A) notice of refusal of an offer to reach the offeror;
(B) revocation of an offer to the offeror in accordance with the law;
(C) commitment to the expiration of the period by the offeror did not make a commitment;
(D) the acceptance of an offer by the offeror to make substantive changes to the content.
Article twenty-first commitment is subject to the consent of the offer means an offer that.
Twenty-second article of the commitment should be made to inform, but in accordance with customary trade or offer to show that the acts committed by the exception.
Commitment should be the twenty-third article of the period identified in the offer to reach the offeror.
Offer no commitment period, commitments should be arrived at in accordance with the following provisions:
(A) an offer made through dialogue, it should be committed immediately, but, except otherwise agreed by the parties;
(B) an offer made by a non-dialogue, and commitment should be to reach a reasonable period of time.
The twenty-fourth of an offer to be made by letter or telegram, the commitment set out in the period from the date of the letter or telex issued to pay down. Did not contain the date of the letter, since the posting of the letter date of postmark. An offer by telephone, fax and other means of communication to quickly and commitment to the period since the arrival of an offer by the offeror at the beginning of the calculation.
Article commitment to the establishment of the entry into force of the contract.
Commitment to be the 26th man-hours notice of arrival of the entry into force of the offer. Commitment does not require notification, in accordance with customary trade or make a commitment to offer the requirements of the entry into force of the act.
Data message using the form of a contract, and commitment to arrive at the time of this Law shall apply the provisions of Article XVI.
Commitment can be withdrawn by the 27th article. Commitment to withdraw the notice should be notified in the commitment to reach the offeror before or at the same time and commitment to reach the offeror notice.
Article twenty-eighth more than the commitment by the offeror issued the commitment period, in addition to promptly notify the offeror of the offeree are committed to the effective outside of the new offer.
Twenty-ninth article in the commitment by the offeror issued the commitment period of time, usually the case in accordance with the timely arrival of the offeror, but due to other reasons, commitment to reach the offeror over the commitment period, in addition to promptly notify the offeror by the offeree is not a result of commitments over the period other than to accept the commitment, the commitment to effective.
Commitment to the 30th article of the content should be consistent with the offer. The acceptance of an offer by the offeror to make substantive changes to the content of the new offer. The subject of the contract, the quantity, quality, price or remuneration, performance of the period, where and how the performance of, liability for breach of contract dispute resolution methods and the change is to offer the contents of the substantive changes.
第三十一条commitment to the acceptance of an offer to make non-substantive changes in content, in addition to timely object to the offeror or an offer to show that the commitment not to offer any changes to the content of the outside, the commitment to effective, the contents of the contract to the content of the commitment, whichever is .
Article thirty-second form of the contract the parties entered into the contract, since the signature or seal of both parties when the contract.
Article thirty-third party use of the letter, data message, such as the contract form can be requested in the contract signed before the establishment of confirmation. When signing the contract confirmation.
Commitment to the entry into force of the thirty-fourth article of the contract at the site.
Data message using the form of a contract, and the recipient's principal place of business to set up the location of the contract; not the main place of business, its habitual residence to set up the location of the contract. Otherwise agreed by the parties and in accordance with their agreement.
Article thirty-fifth book the form of the contract the parties entered into the contract, the parties to sign or seal the location of the sites set up for the contract.
36th piece of legislation, administrative regulations or the parties have agreed that a contract be in writing, the parties have not adopted a written form but the main party has fulfilled its obligations, the other party to accept the contract.
Article thirty-seventh form of the contract to enter into contracts, in the signature or seal, before the main party has fulfilled its obligations, the other party to accept the contract.
Thirty-eighth state directive issued in accordance with the needs of the task or tasks of the national orders, the legal persons, other organizations should be in accordance with the relevant laws and administrative regulations of the rights and obligations of a contract.
Format using the thirty-ninth article of the terms of a contract to provide the terms of the party format should follow the principle of equity between the parties to determine the rights and obligations, and to take reasonable way to draw attention from the other party or to limit its liability provisions, in accordance with the requirements of the other side, an explanation of the terms.
Format is subject to the terms of re-use pre-prepared and not in the formation of contracts in consultation with the terms of each other.
Terms shall have the format of the 52nd and 53rd of this Law stipulates that the case or the terms of the provision of one form from their responsibilities, adding to the other responsibilities, mainly the right to exclude each other, the null and void.
第四十一条understanding of the terms of the format of the event of a dispute, should be interpreted in accordance with the generally understood. There are two provisions of the format explained above, should be made to provide the format is not conducive to the interpretation of the terms of the party. Non-format format of the terms and provisions of inconsistency, it should be a non-standard terms.
Article forty parties entered into a contract in the course of one of the following situations result in the loss to the other side, shall bear the liability for damages:
(A) under the guise of a contract, malicious conduct consultations;
(B) enter into contracts with the deliberate concealment of important facts or provide false information;
(C) any other breach of the principle of good faith.
Article forty-third in the conclusion of the contract the parties aware of the process of trade secrets, regardless of whether or not the establishment of the contract shall not disclose or improperly use. Improper use or disclosure of trade secrets of the damage caused to the other side, shall bear the liability for damages.
Chapter III of the effectiveness of contract
The establishment of the forty-fourth article of the contract in accordance with the law, since the entry into force of the establishment.
Laws and administrative regulations should apply for approval, registration and other procedures which came into force, in accordance with its provisions.
45th Article of the validity of the contract the parties may agree to the conditions attached. Conditions attached to the entry into force of the contract, since the conditions of entry into force of the achievements. Conditions attached to the lifting of the contract, since the conditions of the achievements of failure.
Parties for their own interests to prevent the improper conditions of success, as the conditions become on; improperly contributed to the conditions of success, as conditions are not achievements.
46th Article of the validity of the contract the parties may agree the period is attached. Attached to the entry into force of the contract period, since the deadline to take effect session. Attached to the termination of the contract period, since the expiration of the period expired.
Restricts the 47th person to enter into civil capacity of the contract, ratified by the legal representative, the contract effectively, but purely by the interests of the contract or their age, intelligence and mental health to adapt and make the contract, need not go through the statutory agent were ratified.
Relative who can催告legal representative shall be ratified in a month. Legal representatives are not expressed as a refusal to ratify. Before the contract is ratified, the relative good people the right to withdraw. Notice of revocation should be made.
Article forty-eighth did not act the right agent, beyond the right agent or proxy to be after the termination of the contract entered into on behalf of an agent, without ratification by the agent, the agent does not occur on the effectiveness of the responsibility by the perpetrator.
催告relative who can be an agent shall be ratified in a month. Was not expressed by agents as a refusal to ratify. Before the contract is ratified, the relative good people the right to withdraw. Notice of revocation should be made.
Not be acts of the 49th proxy, proxy, or beyond the termination of the Proxy to be an agent on behalf of the conclusion of the contract, the relative behavior of people who have reason to believe that there is the right agent, the agent acts effectively.
50th Article of legal persons or other organizations, the legal representative, person in charge of ultra vires contract, with the exception of the relative who know or should have known outside of its ultra vires, the act effectively on behalf of.
第五十一条no disciplinary powers of the person and property of others, or ratified by the people the right to free disposition of the person to enter into a contract after the disposition of, the contract effectively.
Second article, one of the following circumstances, the contract null and void:
(A) a party to fraud, coercion to enter into contracts, damage to national interests;
(B) malicious collusion to harm the state, collectives or the interests of third parties;
(C) the legal form in order to cover up the illegal purpose;
(D) damage to public interests;
(E) in violation of laws and administrative regulations of mandatory requirements.
Fifty-third article of the contract null and void the following disclaimer:
(A) personal injury caused by the other party;
(B) gross negligence or intentional damage to property caused by the other side of.
Fourth article the following contracts, a party the right to request to change the people's court or arbitration body, or revocation of:
(A) made a major misunderstanding;
(B) in the formation of contracts of unconscionability.
Party to fraud, or coercion on others' insecurity, so that the true meaning of the other party in breach of contract cases, the injured party the right to request to change the people's court or arbitration body or repealed.
Request to change the parties, the people's court or arbitration body shall not be revoked.
Article Fifty-one of the following cases, the elimination of avoidance:
(A) the parties have withdrawn from the right to know or should know the date of revocation of the subject within one year does not exercise the right to withdraw;
(B) revoke the right to have the parties know that after the revocation of the subject made it clear that their actions or to give up the right to withdraw.
56th article of the contract is invalid or revoked from the beginning of the contract are not legally binding. Part of the contract null and void, does not affect the effectiveness of other parts, other parts remain valid.
Article 57th contract null and void, revoked or terminated, the contract does not affect the independent existence of the dispute resolution provisions of the effectiveness of methods.
Fifty-eighth article or revoke the contract null and void after-acquired property of the contract and should be returned; can not return or there is no need to return, compensation should be discounted. The party at fault shall compensate each other, therefore the losses incurred by both sides at fault and should bear their respective responsibilities.
Collusion of malicious parties at its fifty-ninth article, damage the state, collectives or the interests of a third person, so get all of the property would revert to the State or the return of the collective, the third person.
Chapter IV of the performance of the contract
Parties shall be in accordance with the 60th overall agreement to meet their obligations.
The parties should be guided by the principle of good faith, according to the nature of the contract, used to carry out the purpose and notice of the transaction, assistance, confidentiality and other obligations.
After the entry into force第六十一条contract, the parties on the quality, price or remuneration, there is no place to fulfill an agreement or an agreement is not clear, can be added the agreement; the supplemental agreement is not reached, in accordance with the relevant provisions of the contract or transaction to identify habits.
Sixty-second article of the contract the parties agreed on is not clear,第六十一条in accordance with the provisions of this Act can not be identified, the following provisions apply:
(A) the quality requirements are not clear, according to national standards, fulfill industry standards; no national standards, industry standards, in accordance with the normal standard in conformity with the contract or the purpose of fulfilling specific criteria.
(B) price or remuneration is not clear, the conclusion of the contract in accordance with the performance to fulfill the market price; the government pricing should be implemented in accordance with the law or government指导价and perform in accordance with the regulations.
(C) the place of performance is not clear, payment currency, the monetary side in the location of discharge; delivery of real estate, real estate is located in the discharge; other subject, in one location to fulfill their obligations.
(D) To fulfill the period of uncertainty, the debtor can discharge, the creditors can also request to fulfill, but should be given the necessary time to prepare the other side.
(E) carry out a clear way, according to the achievement of the purpose of discharging the contract.
(Vi) to fulfill the burden of the cost of uncertainty, the burden from one party to fulfill their obligations.
The implementation of the Government of the 63rd Article指导价pricing or government in the delivery of contractual price adjustment period when the Government, in accordance with the delivery price at the time of pricing. Late delivery of the subject matter, and when prices increase, the price according to the original implementation; prices fall, according to the implementation of the new price. Extraction of the subject matter of late payment or late, when prices, in accordance with the implementation of the new price; prices fall, according to the implementation of the original price.
The parties have agreed that the 64th article from the debtor to a third person to perform their obligations, the debtor has failed to fulfill obligations to third parties to perform their obligations or do not meet agreed by the parties, should bear the liability for breach of contract to the creditor.
The parties have agreed that the 65th article from the third person to perform their obligations to creditors, non-performance of third party debt or performance of an obligation inconsistent with the agreement, the debtor should bear the liability for breach of contract to the creditor.
66th inter-party liability rules, there is no fulfillment of the order of succession should be at the same time to fulfill. Before discharge in the other party the right to refuse to fulfill its requirements. Side in each other's performance of an obligation inconsistent with the agreement, the right to refuse to fulfill the corresponding requirements.
67th inter-party liability rules, it has to fulfill the order, failing to carry out party, and after the performance of either party the right to refuse to fulfill its requirements. To fulfill the debt is not a party to perform in line with the agreement, after the performance of either party the right to refuse to fulfill the corresponding requirements.
68th should be the first person to perform their obligations, there are definite evidence that the other side, one of the following situations, you can suspend the performance of:
(A) serious deterioration of operating conditions;
(B) the transfer of property, capital flight in order to avoid debt;
(C) loss of business reputation;
(D) the loss or potential loss of ability to perform their obligations in other cases.
No definite evidence of the parties to suspension of performance shall bear liability for breach of contract.
Article 69th Article 68th party in accordance with the provisions of this Act to suspension of performance should be notified each other in a timely manner. When the other party to provide appropriate security, it should be the resumption of performance. After the suspension of performance, they are not in a reasonable period of time and did not resume the ability to provide appropriate security, to suspend the performance of the party can terminate the contract.
Separation of the 70th Article of creditors, the merger or change without prior notice to the debtor's home, resulting in difficulties to fulfill the debt, the debtor may discharge or suspend the subject matter of movements.
第七十一条creditors the debtor may refuse to perform their obligations in advance, but without prejudice to discharge in advance the interests of creditors other than the.
The debtor to fulfill the debt to the creditor in advance to increase the cost burden from the debtor.
Article seventy-second part of creditors, the debtor may refuse to discharge the debt, but some carry out without prejudice to the interests of creditors other than the.
Partial fulfillment of the debtor's debt to the creditor to increase the cost burden from the debtor.
Article seventy-debtor claims just an effect of the exercise of its maturity, to cause harm to creditors, creditors can request the People's Court on behalf of their subrogation claims of the debtor, the creditor's rights belong to the debtor other than their own.
The exercise of the right of subrogation to the creditor's claim scope is limited. The subrogation right of creditors to exercise the necessary costs, the burden from the debtor.
Article 74th due the debtor to give up their claims or free transfer of property, causing damage to creditors, creditors may request the People's Court revoked the acts of the debtor. The debtor is obviously unreasonable to low-cost transfer of property, damage to the creditors and the assignee knew of the situation, creditors may also ask the people's court revoke the debtor's acts.
Revocation of the right to exercise the scope of the claims of creditors are limited. Creditors to exercise the right to withdraw the necessary costs, the burden from the debtor.
The right to remove the 75th since the creditor knows or should know the subject revocation of one year from the date of exercise. Since the debtor's acts occurred within five years from the date it does not exercise the right to revoke, the revocation of the right to eradication.
After the entry into force of Article 76th contract, the parties shall not name, name change or the legal representative, responsible person, the contractor's failure to perform contractual obligations change.
Chapter V of the change and transfer of contracts
第七十七条party consensus, can change the contract.
Laws and administrative regulations should apply for approval to change the contract, registration and other formalities, in accordance with its provisions.
78th article of the contract the parties agreed to change the contents of uncertainty, presumed to be unchanged.
Article 79th creditors can contract the right to transfer all or part of a third person, but one of the following situations except:
(A) the nature of the contract shall not be transferable;
(B) The parties have agreed shall not be transferable;
(C) in accordance with the law shall not be transferable.
Transfer of the rights of creditors of the 80th article, it shall notify the debtor. Without notice, the transfer has no effect on the debtor.
Notice of transfer of the rights of creditors shall not be revoked, but except for the consent of the assignee.
第八十一条the transfer of the rights of creditors, the assignee and the claims made from the right, but the exclusive rights of creditors other than their own.
82nd article claims the debtor received notification of the assignment, the debtor's defense of the grantor, you can claim against the assignee.
Article 83rd claims received notification of the assignment, the debtor, the debtor claims to enjoy the grantor and the debtor's creditors before the transfer of the debt due or due at the same time, the debtor may claim set-off against the assignee.
84th will be the debtor's obligations under the contract in whole or in part transferred to the third person, it should be agreed by the creditors.
第八十五条obligations of the debtor transferred, the new debtor may claim the original creditor of the debtor's defenses.
86th Article of the debtor's obligation to transfer, the new debtor should bear the main debt-related from the debt, but the debt from the debtor the exclusive preserve of the original except its own.
87th piece of legislation and administrative regulations in the transfer of rights or obligations should apply for approval for the transfer, registration and other formalities, in accordance with its provisions.
Article 88th party agreed to by the other party may be in the contract their rights and obligations be transferred to third parties.
Article 89th together with the transfer of rights and obligations of this law are applicable to the 79th, the 83rd第八十一条to be第八十五条to the provisions of Article 87th.
90th after the conclusion of the contract the parties be combined by the merger of legal persons and other organizations the right to exercise the contract, its obligations under the contract. Separation of the parties after the conclusion of the contract, except otherwise agreed by the creditors and debtors of the outside, by the separation of legal persons and other organizations on contractual rights and obligations of the enjoyment of several claims Gesamtschuld commitment.
Chapter VI of the rights and obligations of the contract termination
Article Ninety-one of the following cases, the termination of the rights and obligations of the contract:
(A) the debt has to fulfill in accordance with the agreement;
(B) the lifting of the contract;
(C) debt offset each other;
(D) the debtor will be the subject of deposit in accordance with the law;
(E) creditors for debt relief;
(Vi) debt claims attributable to a person;
(Vii) the parties have agreed that the law or other circumstances of termination.
Chosen to terminate the rights and obligations of the contract, the parties should be guided by the principle of good faith, used to carry out notification in accordance with the transaction, assistance, confidentiality and other obligations.
Article party consensus, can terminate the contract.
Side parties may agree to terminate the contract conditions. The achievements of the conditions to terminate the contract, can cancel the contract解除权.
Article 94th of the following circumstances, the parties may terminate the contract:
(A) the contract can not be achieved due to the result that the purpose of force majeure;
(B) in the performance of the expiration of the period before the party made it clear that his behavior or that it does not carry out major debt;
(C) a party to delay implementation of the main debt, after a reasonable period of time after催告have not been fulfilled;
(D) a party to delay implementation of the debt or any other violation of the contract can not be achieved the result that purpose;
(E) other circumstances stipulated by law.
Be the 95th or the parties have agreed that the law解除权exercise period, the expiration of the period of the parties not to exercise the right to eradication.
The law does not require the parties have not agreed or解除权exercise period, after催告by the other party a reasonable period of time not to exercise, the elimination of the right.
Article 96th party 93rd article in accordance with this law, the provisions of Article 94th to terminate the contract that should inform the other party. Since the arrival of the contract to inform each other when lifting. Is disputed by the other party may request the people's court or arbitration body to confirm the validity of rescission.
Laws and administrative regulations should apply for approval to terminate the contract, registration and other formalities, in accordance with its provisions.
After the lifting of Article contract has not been carried out to terminate the discharge; has been performed, according to the nature of the implementation of the contract, the parties may request restitution and take other remedial measures, and the right to ask for damages.
98th Article of the rights and obligations of the termination of the contract, the contract does not affect the terms of settlement and the effectiveness of clean-up.
Negative第九十九条debts among the parties, the subject matter of the types of debt, the quality of the same, any party can be its own debt and the debt offset each other, but in accordance with the law or the nature of the contract shall not be offset in accordance with the exception of.
Offset by the parties that should inform the other party. Since the arrival of the other party when notice of the entry into force. Offset shall not be conditional or time limit attached.
Article 100th liability among the parties, the subject matter of the type, quality is not the same, by mutual consensus, can also be offset.
Article 1 of the following situations, it is difficult to perform their obligations, the debtor may be subject matter of movements:
(A) unjustified refusal to take delivery of creditors;
(B) unknown creditors;
(C) undetermined heirs or creditors of the death of the loss of capacity for civil conduct undetermined guardian;
(D) other circumstances stipulated by law.
Subject matter not suitable for holding or holding costs, and the debtor in accordance with the law can be the subject of the auction or sale, the proceeds of the price movements.
The subject matter of Article 2 after the picture of the movements, with the exception of missing the creditor, the debtor shall promptly notify the creditor or the creditor's heirs, guardians.
The subject matter of Article three movements, the destruction, the risk of loss borne by the creditors. Holding period, the yield to the subject matter of all creditors. Expense of the creditors holding the burden.
Article 4 of creditors holding at any time to receive, but the creditor has a debt of the debtor and the creditor is not in debt or provide guarantees to fulfill before holding departments should be in accordance with the requirements of the debtor to refuse to receive material movements.
Creditors holding the rights to receive, since the holding five years from the date of the exercise is not eliminated, the cost picture of the movements were deducted after the deposit to the state.
Article 5 of creditors from the debtor of some or all of the debt, the rights and obligations of the contract some or all of the termination.
Article 6 claims and liabilities attributable to a person with, the rights and obligations of the contract termination, but the interests of a third person involved, except.
Chapter VII Liability
Article 7 is not a party to fulfill its obligations under the contract or agreement do not meet contractual obligations, and should take to continue to carry out, or take remedial measures, such as liability for breach of contract damages.
Article 8, or a party made it clear that their actions in order to show that its obligations under the contract, the other can be requested before the expiration of the period to fulfill its commitment to liability for breach of contract.
Article 9 is not a party to pay the price or remuneration, the other party may require payment of the price or remuneration.
Article is not a party or non-monetary obligations to fulfill the performance of non-monetary obligations inconsistent with the agreement, the other party may request to fulfill, but one of the following situations except:
(A) the legal or de facto unable to perform;
(B) the subject of debt unfit to fulfill the cost of performance or too high;
(C) a reasonable period of time the creditor is not required to perform.
Quality in line with the 111th article of the agreement, the agreement should be in accordance with the parties to bear liability for breach of contract. There is no agreement on liability for breach of contract or agreement is not clear,第六十一条in accordance with the provisions of this Act can not be identified, the injured party in accordance with the nature of the subject, as well as the size of losses, it is reasonable to assume the other party the option of requesting repair, replace, redo, retired goods, reduce the price or remuneration, such as liability for breach of contract.
Article 112th party to its obligations under the contract or not in conformity with its obligations under the contract agreement, or in fulfilling their obligations to take remedial measures, the other side there are other losses, damages should be.
Article 113th party to its obligations under the contract or not in conformity with its obligations under the contract agreed by the parties, to the other losses, and damages for breach of contract should be equal to the losses caused by, including the performance of the contract after the interests of access, but no more than breach of contract when a party to a contract should be foreseen or foreseeable result of a breach of contract may result in losses.
Operators to provide consumers with goods or services fraud, in accordance with the "People's Republic of China Consumer Protection Law," to assume responsibility for damages.
114th party to the agreement the parties may be breach of contract should be based on breach of contract to the other party to pay a certain amount of liquidated damages can be agreed damages for breach of contract resulting from the calculation of the amount.
Lower than the agreed liquidated damages for loss caused by, the parties may request the people's court or arbitration body to increase it; the agreed liquidated damages for loss caused by too much higher than that, the parties may request the people's court or arbitration body to be reduced appropriately.
The parties to fulfill a contractual breach on the delay in payment, breach of contract after the payment of liquidated damages, it should be default.
Be the 115th person in accordance with the "People's Republic of China Guarantee Law," the other side agreed to pay a deposit as security claims. The debtor defaults, the deposit should be for the purchase price or withdraw arrived. To pay a deposit of one party does not fulfill a contractual debt, and the right to request the return of the deposit; receive a party to the deposit of non-performing debt agreement, it should be double the return of the deposit.
Article 116th both parties agreed liquidated damages, and the deposit agreement, a party defaults, the other party may choose to apply the provisions of liquidated damages or earnest money.
Can not be the 117th performance of the contract due to force majeure, according to the impact of force majeure, some or all of exemption from responsibility, but except as otherwise provided in law. Delay performance of the parties after the event of force majeure, and is not relieved of responsibility.
This alleged force majeure is not foreseeable, can not avoid the objective situation can not overcome.
Article 118th party is unable to perform the contract due to force majeure, it shall promptly notify the other party in order to reduce possible losses caused to the other side, and should provide a reasonable period of time.
Article 119th party after default, the other party should take appropriate measures to prevent the expansion of the loss; did not take appropriate measures to expand resulting in the loss, and shall not seek compensation for the loss of the expansion.
To prevent the loss of clients due to the expansion of the reasonable costs incurred by the default party.
Article 120th breach of contract, both parties should assume their responsibilities.
Article 121st third party who caused the breach of contract and breach of contract should bear the responsibility to each other. And third-party dispute between, in accordance with the law or in accordance with the agreed solution.
Article 122nd breach a party against the other person, property rights and interests, the injured party the right to choose in accordance with this law require or assume liability for breach of contract in accordance with other legal requirements of their commitment to tort liability.
Other provisions of Chapter VIII
Article one hundred and twenty other laws as otherwise provided in the contract, in accordance with its provisions.
124th Article of this Law or other laws, sub-there is no express provision of the contract, the provisions of this Law shall apply general principles, and can refer to this sub-rule or the most similar to other legal requirements.
Be the 125th person on the understanding of the terms of the contract dispute, it should be used in accordance with the contract terms, the relevant provisions of the contract, the purpose of the contract, trading habits, as well as the principle of good faith to determine the true meaning of the clause.
The use of two or more contracts entered into and the agreed text has the same effect on the text used in the meaning of words and phrases have the same presumption. Words and phrases used in the text are inconsistent and should be in accordance with the purpose of contract interpretation.
126th article of foreign-related contract may choose to deal with contractual disputes, the applicable law, but except as otherwise provided in law. Foreign-related contracts the parties have no choice, and apply the most closely linked to the contract law of the country.
In the People's Republic of China Sino-foreign joint ventures to fulfill the contract, contract Chinese-foreign cooperative enterprises, Sino-foreign cooperative exploration and development of natural resources contracts, applicable laws.
Article 127th of industrial and commercial administration departments and other relevant administrative departments in their respective mandates, in accordance with the law and administrative regulations on the use of contract against the national interests, social public interests of the offense, responsible for overseeing the processing; constitute crime, be held criminally responsible.
Be the 128th person through reconciliation or mediation to resolve contract disputes.
Chapter XIII lease contract
Article 212th lessor will lease contract is the delivery of tenant leasehold use, revenue, contract the lessee to pay rent.
213th article of the lease contract will include the name of leasehold, quantity, use, lease, rent and payment terms and the way the terms of the lease and maintenance materials.
Article 214th lease period must not exceed two decades. For more than two decades, more than some invalid.
The expiration of the lease period, the parties may renew the lease contract, but agreed to renew the lease period from the date of no more than two decades.
215th article of the lease period of more than six months, it should be in writing. The parties have not adopted a written form, as from time to time lease.
216th article should be in accordance with the agreement the lessor to the lessee leasehold delivery and maintain the lease during the lease agreement in line with the use of materials.
Lessee of the 217th Article of the method should be used in accordance with the agreed leasehold. On the use of leasehold agreement or no agreement is not clear, in accordance with the provisions of this Act第六十一条can not be identified, it should be in accordance with the nature of the use of leasehold.
218th Article of the lessee in accordance with the agreed method or the nature of the use of leasehold leasehold, with the result that by the loss of a leasehold does not assume liability for damage.
219th article of the agreement the lessee is not in accordance with the method or the nature of the use of leasehold leasehold, resulting in loss of lease, the lessor may terminate the contract and for damages.
Article 220th lessor shall carry out the maintenance of leasehold obligations, except otherwise agreed by the parties.
Article 221st lessees were in need of repair in the lease when the lessor may require maintenance of a reasonable period of time. Did not perform the maintenance obligations of the lessor and the lessee can repair, maintenance costs, the burden from the lessor. The impact of lease structures for maintenance of the lessee to use, it should be a corresponding reduction in rent or to extend the lease term.
Article 222nd lease the lessee should be kept under safe custody matter, the leasehold保管不善damage caused, the loss should bear the liability for damages.
Article 223rd lessee by the lessor agreed to make improvements to the leasehold or additional他物.
The lessee without the lessor's consent, to leasehold improvements or additional他物, the lessor may require the lessee or restitution for damages.
Article 224th lessee agreed to by the lessor, the lease may be sublet to a third party objects. Sublease of the lessee, the lessee and lessor of the lease contract between the continue to be valid, a third loss of the leasehold, the lessee should be liable for damages.
Sublet without the consent of the lessee of the lessor, the lessor may terminate the contract.
During the 225th article in the lease because of the possession, use of lease proceeds were received, to the lessee, but, except otherwise agreed by the parties.
The lessee shall, in accordance with the 226th article of the period agreed to pay rent. There is no agreement on the payment period or agreement is not clear, in accordance with the provisions of this Act第六十一条still not sure, leasing period of less than one year should be paid upon the expiry of the lease period; more than one year lease period, it should be in each of the expiration of a year to pay the remaining period of less than one year should be paid upon the expiry of the lease period.
Article 227th lessee or unjustified delay in payment of unpaid rent, the lessor may require the lessee to pay a reasonable period of time. Failure of the lessee to pay, the lessor may terminate the contract.
Article 228th advocate the rights of third parties, resulting in complex lease the lessee can not use the proceeds of the lessee may be required to reduce non-payment of rent or rent.
Advocate the rights of a third person, the lessee shall promptly notify the lessor.
Article 229th leasehold ownership in the lease during the changes will not affect the validity of the lease contract.
Article 230th betrayed lessor of rental housing should be sold out within a reasonable time period before the notice of the lessee, the lessee to enjoy the same conditions to give priority to the purchase rights.
231st article can not be attributable to the lessee because of the subject, with the result that some or all of leasehold damage, loss and the lessee may be required to reduce non-payment of rent or rent; due to lease some or all of material damage, loss, which can not be to achieve the purpose of the contract, the lessee can cancel the contract.
Article 232nd period the parties have not agreed on the lease or agreement is not clear,第六十一条in accordance with the provisions of this Act can not be determined from time to time as a lease. The parties may terminate the contract at any time, but the lessor to terminate the contract should be notified in a reasonable period of time prior to the lessee.
233rd article of the lease the lessee endanger safety or health, even when the lessee entered into the contract knowing that the quality of the leasehold failed, the lessee can cancel the contract at any time.
Article 234th rental period the lessee's death, instead of his people can live together in accordance with the lease of the housing原租赁合同.
Article 235th lease the expiration of the period, the lessee should be the return of leasehold. The return of materials should be in accordance with the lease agreement or lease in accordance with the nature of the state after use.
Article 236th lease the expiration of the period, the lessee continue to use the leasehold, the lessor has raised no objection, the原租赁合同remain in force from time to time but the period of the lease.
Chapter XIV finance lease contracts
Article 237th finance lease contract is the lessee of the lessor in accordance with the seller, lease options, lease to purchase the seller to provide to the lessee the use of the contract the lessee to pay rent.
Article 238th finance lease contracts include the leasehold title, quantity, specification, technical performance, test methods, lease period, rent and its duration and manner of payment, currency, expiry of lease period the ownership of objects, such as lease terms .
Financial lease contract shall be in writing.
Lessee of the lessor under the 239th Article of the seller, lease options were entered into a contract for the sale, the seller should be in accordance with the agreed upon delivery to the subject matter of the lessee, the lessee to enjoy the subject matter and the receipt of the buyer rights.
Article 240th lessor, the seller, the lessee may agree, the seller does not fulfill obligations under a contract for the sale by the lessee to exercise the right to claim. Claims to exercise the rights of the lessee, the lessor should assist.
Article 241st lessee to the lessor in accordance with the seller, lease options were entered into a contract for the sale, the lessee without the consent of the lessor and the lessee shall not change the contents of the contract.
Article 242nd lessor of a leasehold title to enjoy. Bankruptcy of the lessee, leasehold property does not belong to bankruptcy.
243rd article of finance lease rental contract, with the exception of the outside otherwise agreed by the parties, shall, in accordance with the purchase of leasehold costs, as well as most or all of the lessor to determine a reasonable profit.
Article 244th lease agreement were not in conformity with the purpose of or inconsistent with the use of, the lessor is not liable, but the lessee to rely on the skills of the lessor or the lessor to determine leasehold leasehold intervention except selection.
The lessor should ensure that the 245th article of the lease the lessee possession and use of materials.
Article 246th leasehold possession of the lessee, the lease under which the third person's personal injury or property damage, the lessor is not liable.
247th lessee should be kept under safe custody, the use of leasehold.
Possession of the lessee shall carry out the repairs during the lease obligations.
248th article should be in accordance with the agreement the lessee to pay rent.催告by the lessee after a reasonable period of time not to pay rent, the lessor may be required to pay the full rent; can also cancel the contract, to recover the leasehold.
Article 249th period the parties have agreed that the expiration of the lease to the lessee of all leasehold, the lessee has paid most of the rent, but can not afford to pay the remaining rent, the lessor to terminate the contract, therefore objects to recover the lease, the lease to recover more than the value of the lease who owed rent and other costs, the lessee may request the return of part.
Article 250th lessor and lessee may agree lease expiry of the lease period the ownership of objects. The attribution of the leasehold agreement have not agreed or is not clear, in accordance with the provisions of this Act第六十一条can not be identified, leasehold ownership of the lessor.
Chapter XV of the contract Forwarders
Forwarding contract is the 251st article承揽人completed in accordance with the requirements of定作人work, delivery of the results of the work contract定作人pay compensation.
Agents, including processing, is scheduled to make, repair, replication, testing, inspection and so on.
Article 252nd forwarding the contents of the contract, including the subject of contract, the quantity, quality, remuneration, contract means the provision of materials to fulfill the period, such as acceptance of the terms of the standards and methods.
253rd承揽人should be in their own equipment, technology and labor to complete the major work, but, except otherwise agreed by the parties.
Forwarders承揽人its major work completed by the third person, should be completed on the third person to定作人responsible for the results of the work;定作人without consent,定作人can also cancel the contract.
Article 254th承揽人can support the work of its contract by the completion of a third person. Forwarders承揽人support its work completed by the third person, should be completed on the third person to定作人responsible for the results of the work.
承揽人255th article of the provision of materials,承揽人materials should be selected in accordance with the agreement and accept the inspection定作人.
定作人256th article of the provision of materials,定作人materials should be provided in accordance with the agreement.承揽人on information provided by the定作人should be tested in time, when found not complying with the agreement, it should be replaced promptly notify定作人, filled, or take other remedial measures.
承揽人not allowed to replace the information provided by the定作人not replace the parts do not need repair.
Article定作人257th承揽人found to provide the technical requirements of the drawings or unreasonable, it should be duly informed定作人. Reply定作人just an effect due to causes such as loss of承揽人, it should be for damages.
Article 258th定作人way to change the requirements of the work contract, resulting in the loss of承揽人, it should be for damages.
Agents need to be the work of the 259th定作人assistance to assist定作人obligations.定作人a result, non-performance of contract obligations to assist the work can not be completed,催告定作人can承揽人a reasonable period of time to fulfill their obligations, and the period can be extended to fulfill;定作人failure to perform,承揽人can cancel the contract.
In the 260th article承揽人work, should receive the necessary supervision, inspection and定作人. Supervision, Inspection and定作人shall not impede the normal operation of承揽人.
Article承揽人261st to complete its work, it should be delivered to the定作人the results of the work and submit the necessary technical information and the quality of proof.定作人acceptance of the results of the work should be.
262nd承揽人be the results of the work to deliver quality does not meet the requirements of定作人may be required to bear承揽人repair, redo, reduce the remuneration, such as liability for breach of contract damages.
Article定作人263rd in accordance with the agreed time limit should be paid. The deadline for payment of compensation is not agreed or agreed upon is not clear, in accordance with the provisions of this Act第六十一条can not be identified,定作人should be delivered in the results of the work承揽人pay; part of the delivery of the results of the work, should be a corresponding定作人payment.
264th定作人not be paid to the承揽人price or materials, etc.,承揽人on the results of the work completed to enjoy a lien, but, except otherwise agreed by the parties.
Article承揽人265th定作人should provide safe custody of materials, as well as the results of the work completed,保管不善caused by damage, loss, and shall bear the liability for damages.
Article承揽人266th定作人should be in accordance with the requirements of confidentiality, without定作人will be allowed to retain copies of, or technical information.
承揽人267th article of the common定作人are jointly and severally liable, but, except otherwise agreed by the parties.
Article 268th contract lifting定作人the contract at any time, resulting in the loss of承揽人, it should be for damages.
Chapter XVI construction contract
Article 269th construction contract is to carry out construction projects contractor, contract to pay the co
Contents
General
Chapter I General provisions
Chapter II of the contract entered into
Chapter III of the effectiveness of contract
Chapter IV of the performance of the contract
Chapter V of the change and transfer of contracts
Chapter VI of the rights and obligations of the contract termination
Chapter VII Liability
Other provisions of Chapter VIII
Sub -
Chapter IX Sale
Chapter X for electricity, water, gas, heat the contract
Chapter XI grant contract
Chapter XII loan contract
Chapter XIII lease contract
Chapter XIV finance lease contracts
Chapter XV of the contract Forwarders
Chapter XVI construction contract
Chapter XVII the contract of carriage
Chapter XVIII of the technical contract
Chapter XIX custody contract
Chapter 20th warehousing contract
Chapter twenty-first commissioned by the contract
Twenty-second chapter行纪合同
Chapter twenty-brokered contract
Supplementary Provisions
General
Chapter I General provisions
First in order to protect the legitimate rights and interests of parties to the contract, the maintenance of socio-economic order, promoting the socialist modernization, the development of this law.
The second equality of this alleged contract is the subject of natural persons, legal persons and other organizations to establish, change, termination of the relationship between civil rights and obligations of the agreement.
Marriage, adoption, guardianship status of the relationship, the application of other laws.
Third parties to the contract of the legal status of equality, one should not impose its will to the other.
Article IV of the parties voluntarily entered into the contract are legally entitled to the rights of any unit or individual may illegally interfered with.
Article V should be guided by the principle of equity the parties to determine the rights and obligations of the parties.
Article VI of the parties to exercise their rights, meet their obligations should be guided by the principle of good faith.
Article VII of the parties to enter into, carry out the contract, should abide by laws and administrative regulations, respect social morality must not disturb the socio-economic order, impair the social and public interests.
Article VIII of the contract set up in accordance with the law, legally binding on the parties. Should be in accordance with the agreement the parties to fulfill their obligations, may change or cancel the contract.
The establishment of the contract in accordance with the law, protected by law.
Chapter II of the contract entered into
Article IX parties enter into the contract, should have the corresponding ability of civil rights and civil capacity.
Representations to the parties to a contract in accordance with the law.
Article X of the parties to enter into contracts, in writing, oral and other forms.
Laws and administrative regulations in written form, it should be in writing. The parties have agreed in writing, should be in writing.
Article XI refers to the contract in writing, books, letters and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangible, such as contained in the form of performance.
Article XII of the contents of the contract agreed upon by the parties generally include the following provisions:
(A) the names of the parties or the name and residence;
(B) of the subject;
(C) the number;
(D) quality;
(E) price or remuneration;
(F) To fulfill the period, place and manner;
(Vii) liability for breach of contract;
(Viii) methods of dispute resolution.
The parties can refer to the text of the different types of contracts entered into the contract model.
Article XIII of the parties to enter into contracts, to take the offer, a commitment.
Article XIV and others to offer the hope that the conclusion of the contract meant that the meaning that should meet the following requirements:
(A) determine the specific content;
(B) show that the commitment to withstand the offeror, the offeror that is bound by the meaning of that.
Article XV of the offer is to invite others to offer their own meaning of that issue. Send the price list, auction notices, tenders, prospectus, commercial advertising, such as an invitation to submit offers.
Commercial advertising in line with the provisions of the offer as an offer.
Article XVI of an offer by the offeror arrived at the entry into force.
Data message using the form of a contract, the recipient system to receive specific data message, the message data into the specific system time, as the arrival time; do not specify a particular system, the data message enters the recipient's of any system the first time, as the arrival time.
Article XVII of an offer may be withdrawn. Notice of the offer should be withdrawn in the offer by the offeror prior to arrival or with the offer by the offeror arrived at the same time.
Article XVIII of an offer may be revoked. Notice of revocation of the offer by the offeror should be notified to issue an undertaking by the offeror prior to arrival.
Article XIX of the following circumstances, an offer may not be revoked:
(A) the offeror or identified commitment period in order to offer other forms of explicit irrevocable;
(B) the offeror has reason to believe that the offer is irrevocable and has made preparations to perform the contract.
For the lucky bankers, and the offer lapsed:
(A) notice of refusal of an offer to reach the offeror;
(B) revocation of an offer to the offeror in accordance with the law;
(C) commitment to the expiration of the period by the offeror did not make a commitment;
(D) the acceptance of an offer by the offeror to make substantive changes to the content.
Article twenty-first commitment is subject to the consent of the offer means an offer that.
Twenty-second article of the commitment should be made to inform, but in accordance with customary trade or offer to show that the acts committed by the exception.
Commitment should be the twenty-third article of the period identified in the offer to reach the offeror.
Offer no commitment period, commitments should be arrived at in accordance with the following provisions:
(A) an offer made through dialogue, it should be committed immediately, but, except otherwise agreed by the parties;
(B) an offer made by a non-dialogue, and commitment should be to reach a reasonable period of time.
The twenty-fourth of an offer to be made by letter or telegram, the commitment set out in the period from the date of the letter or telex issued to pay down. Did not contain the date of the letter, since the posting of the letter date of postmark. An offer by telephone, fax and other means of communication to quickly and commitment to the period since the arrival of an offer by the offeror at the beginning of the calculation.
Article commitment to the establishment of the entry into force of the contract.
Commitment to be the 26th man-hours notice of arrival of the entry into force of the offer. Commitment does not require notification, in accordance with customary trade or make a commitment to offer the requirements of the entry into force of the act.
Data message using the form of a contract, and commitment to arrive at the time of this Law shall apply the provisions of Article XVI.
Commitment can be withdrawn by the 27th article. Commitment to withdraw the notice should be notified in the commitment to reach the offeror before or at the same time and commitment to reach the offeror notice.
Article twenty-eighth more than the commitment by the offeror issued the commitment period, in addition to promptly notify the offeror of the offeree are committed to the effective outside of the new offer.
Twenty-ninth article in the commitment by the offeror issued the commitment period of time, usually the case in accordance with the timely arrival of the offeror, but due to other reasons, commitment to reach the offeror over the commitment period, in addition to promptly notify the offeror by the offeree is not a result of commitments over the period other than to accept the commitment, the commitment to effective.
Commitment to the 30th article of the content should be consistent with the offer. The acceptance of an offer by the offeror to make substantive changes to the content of the new offer. The subject of the contract, the quantity, quality, price or remuneration, performance of the period, where and how the performance of, liability for breach of contract dispute resolution methods and the change is to offer the contents of the substantive changes.
第三十一条commitment to the acceptance of an offer to make non-substantive changes in content, in addition to timely object to the offeror or an offer to show that the commitment not to offer any changes to the content of the outside, the commitment to effective, the contents of the contract to the content of the commitment, whichever is .
Article thirty-second form of the contract the parties entered into the contract, since the signature or seal of both parties when the contract.
Article thirty-third party use of the letter, data message, such as the contract form can be requested in the contract signed before the establishment of confirmation. When signing the contract confirmation.
Commitment to the entry into force of the thirty-fourth article of the contract at the site.
Data message using the form of a contract, and the recipient's principal place of business to set up the location of the contract; not the main place of business, its habitual residence to set up the location of the contract. Otherwise agreed by the parties and in accordance with their agreement.
Article thirty-fifth book the form of the contract the parties entered into the contract, the parties to sign or seal the location of the sites set up for the contract.
36th piece of legislation, administrative regulations or the parties have agreed that a contract be in writing, the parties have not adopted a written form but the main party has fulfilled its obligations, the other party to accept the contract.
Article thirty-seventh form of the contract to enter into contracts, in the signature or seal, before the main party has fulfilled its obligations, the other party to accept the contract.
Thirty-eighth state directive issued in accordance with the needs of the task or tasks of the national orders, the legal persons, other organizations should be in accordance with the relevant laws and administrative regulations of the rights and obligations of a contract.
Format using the thirty-ninth article of the terms of a contract to provide the terms of the party format should follow the principle of equity between the parties to determine the rights and obligations, and to take reasonable way to draw attention from the other party or to limit its liability provisions, in accordance with the requirements of the other side, an explanation of the terms.
Format is subject to the terms of re-use pre-prepared and not in the formation of contracts in consultation with the terms of each other.
Terms shall have the format of the 52nd and 53rd of this Law stipulates that the case or the terms of the provision of one form from their responsibilities, adding to the other responsibilities, mainly the right to exclude each other, the null and void.
第四十一条understanding of the terms of the format of the event of a dispute, should be interpreted in accordance with the generally understood. There are two provisions of the format explained above, should be made to provide the format is not conducive to the interpretation of the terms of the party. Non-format format of the terms and provisions of inconsistency, it should be a non-standard terms.
Article forty parties entered into a contract in the course of one of the following situations result in the loss to the other side, shall bear the liability for damages:
(A) under the guise of a contract, malicious conduct consultations;
(B) enter into contracts with the deliberate concealment of important facts or provide false information;
(C) any other breach of the principle of good faith.
Article forty-third in the conclusion of the contract the parties aware of the process of trade secrets, regardless of whether or not the establishment of the contract shall not disclose or improperly use. Improper use or disclosure of trade secrets of the damage caused to the other side, shall bear the liability for damages.
Chapter III of the effectiveness of contract
The establishment of the forty-fourth article of the contract in accordance with the law, since the entry into force of the establishment.
Laws and administrative regulations should apply for approval, registration and other procedures which came into force, in accordance with its provisions.
45th Article of the validity of the contract the parties may agree to the conditions attached. Conditions attached to the entry into force of the contract, since the conditions of entry into force of the achievements. Conditions attached to the lifting of the contract, since the conditions of the achievements of failure.
Parties for their own interests to prevent the improper conditions of success, as the conditions become on; improperly contributed to the conditions of success, as conditions are not achievements.
46th Article of the validity of the contract the parties may agree the period is attached. Attached to the entry into force of the contract period, since the deadline to take effect session. Attached to the termination of the contract period, since the expiration of the period expired.
Restricts the 47th person to enter into civil capacity of the contract, ratified by the legal representative, the contract effectively, but purely by the interests of the contract or their age, intelligence and mental health to adapt and make the contract, need not go through the statutory agent were ratified.
Relative who can催告legal representative shall be ratified in a month. Legal representatives are not expressed as a refusal to ratify. Before the contract is ratified, the relative good people the right to withdraw. Notice of revocation should be made.
Article forty-eighth did not act the right agent, beyond the right agent or proxy to be after the termination of the contract entered into on behalf of an agent, without ratification by the agent, the agent does not occur on the effectiveness of the responsibility by the perpetrator.
催告relative who can be an agent shall be ratified in a month. Was not expressed by agents as a refusal to ratify. Before the contract is ratified, the relative good people the right to withdraw. Notice of revocation should be made.
Not be acts of the 49th proxy, proxy, or beyond the termination of the Proxy to be an agent on behalf of the conclusion of the contract, the relative behavior of people who have reason to believe that there is the right agent, the agent acts effectively.
50th Article of legal persons or other organizations, the legal representative, person in charge of ultra vires contract, with the exception of the relative who know or should have known outside of its ultra vires, the act effectively on behalf of.
第五十一条no disciplinary powers of the person and property of others, or ratified by the people the right to free disposition of the person to enter into a contract after the disposition of, the contract effectively.
Second article, one of the following circumstances, the contract null and void:
(A) a party to fraud, coercion to enter into contracts, damage to national interests;
(B) malicious collusion to harm the state, collectives or the interests of third parties;
(C) the legal form in order to cover up the illegal purpose;
(D) damage to public interests;
(E) in violation of laws and administrative regulations of mandatory requirements.
Fifty-third article of the contract null and void the following disclaimer:
(A) personal injury caused by the other party;
(B) gross negligence or intentional damage to property caused by the other side of.
Fourth article the following contracts, a party the right to request to change the people's court or arbitration body, or revocation of:
(A) made a major misunderstanding;
(B) in the formation of contracts of unconscionability.
Party to fraud, or coercion on others' insecurity, so that the true meaning of the other party in breach of contract cases, the injured party the right to request to change the people's court or arbitration body or repealed.
Request to change the parties, the people's court or arbitration body shall not be revoked.
Article Fifty-one of the following cases, the elimination of avoidance:
(A) the parties have withdrawn from the right to know or should know the date of revocation of the subject within one year does not exercise the right to withdraw;
(B) revoke the right to have the parties know that after the revocation of the subject made it clear that their actions or to give up the right to withdraw.
56th article of the contract is invalid or revoked from the beginning of the contract are not legally binding. Part of the contract null and void, does not affect the effectiveness of other parts, other parts remain valid.
Article 57th contract null and void, revoked or terminated, the contract does not affect the independent existence of the dispute resolution provisions of the effectiveness of methods.
Fifty-eighth article or revoke the contract null and void after-acquired property of the contract and should be returned; can not return or there is no need to return, compensation should be discounted. The party at fault shall compensate each other, therefore the losses incurred by both sides at fault and should bear their respective responsibilities.
Collusion of malicious parties at its fifty-ninth article, damage the state, collectives or the interests of a third person, so get all of the property would revert to the State or the return of the collective, the third person.
Chapter IV of the performance of the contract
Parties shall be in accordance with the 60th overall agreement to meet their obligations.
The parties should be guided by the principle of good faith, according to the nature of the contract, used to carry out the purpose and notice of the transaction, assistance, confidentiality and other obligations.
After the entry into force第六十一条contract, the parties on the quality, price or remuneration, there is no place to fulfill an agreement or an agreement is not clear, can be added the agreement; the supplemental agreement is not reached, in accordance with the relevant provisions of the contract or transaction to identify habits.
Sixty-second article of the contract the parties agreed on is not clear,第六十一条in accordance with the provisions of this Act can not be identified, the following provisions apply:
(A) the quality requirements are not clear, according to national standards, fulfill industry standards; no national standards, industry standards, in accordance with the normal standard in conformity with the contract or the purpose of fulfilling specific criteria.
(B) price or remuneration is not clear, the conclusion of the contract in accordance with the performance to fulfill the market price; the government pricing should be implemented in accordance with the law or government指导价and perform in accordance with the regulations.
(C) the place of performance is not clear, payment currency, the monetary side in the location of discharge; delivery of real estate, real estate is located in the discharge; other subject, in one location to fulfill their obligations.
(D) To fulfill the period of uncertainty, the debtor can discharge, the creditors can also request to fulfill, but should be given the necessary time to prepare the other side.
(E) carry out a clear way, according to the achievement of the purpose of discharging the contract.
(Vi) to fulfill the burden of the cost of uncertainty, the burden from one party to fulfill their obligations.
The implementation of the Government of the 63rd Article指导价pricing or government in the delivery of contractual price adjustment period when the Government, in accordance with the delivery price at the time of pricing. Late delivery of the subject matter, and when prices increase, the price according to the original implementation; prices fall, according to the implementation of the new price. Extraction of the subject matter of late payment or late, when prices, in accordance with the implementation of the new price; prices fall, according to the implementation of the original price.
The parties have agreed that the 64th article from the debtor to a third person to perform their obligations, the debtor has failed to fulfill obligations to third parties to perform their obligations or do not meet agreed by the parties, should bear the liability for breach of contract to the creditor.
The parties have agreed that the 65th article from the third person to perform their obligations to creditors, non-performance of third party debt or performance of an obligation inconsistent with the agreement, the debtor should bear the liability for breach of contract to the creditor.
66th inter-party liability rules, there is no fulfillment of the order of succession should be at the same time to fulfill. Before discharge in the other party the right to refuse to fulfill its requirements. Side in each other's performance of an obligation inconsistent with the agreement, the right to refuse to fulfill the corresponding requirements.
67th inter-party liability rules, it has to fulfill the order, failing to carry out party, and after the performance of either party the right to refuse to fulfill its requirements. To fulfill the debt is not a party to perform in line with the agreement, after the performance of either party the right to refuse to fulfill the corresponding requirements.
68th should be the first person to perform their obligations, there are definite evidence that the other side, one of the following situations, you can suspend the performance of:
(A) serious deterioration of operating conditions;
(B) the transfer of property, capital flight in order to avoid debt;
(C) loss of business reputation;
(D) the loss or potential loss of ability to perform their obligations in other cases.
No definite evidence of the parties to suspension of performance shall bear liability for breach of contract.
Article 69th Article 68th party in accordance with the provisions of this Act to suspension of performance should be notified each other in a timely manner. When the other party to provide appropriate security, it should be the resumption of performance. After the suspension of performance, they are not in a reasonable period of time and did not resume the ability to provide appropriate security, to suspend the performance of the party can terminate the contract.
Separation of the 70th Article of creditors, the merger or change without prior notice to the debtor's home, resulting in difficulties to fulfill the debt, the debtor may discharge or suspend the subject matter of movements.
第七十一条creditors the debtor may refuse to perform their obligations in advance, but without prejudice to discharge in advance the interests of creditors other than the.
The debtor to fulfill the debt to the creditor in advance to increase the cost burden from the debtor.
Article seventy-second part of creditors, the debtor may refuse to discharge the debt, but some carry out without prejudice to the interests of creditors other than the.
Partial fulfillment of the debtor's debt to the creditor to increase the cost burden from the debtor.
Article seventy-debtor claims just an effect of the exercise of its maturity, to cause harm to creditors, creditors can request the People's Court on behalf of their subrogation claims of the debtor, the creditor's rights belong to the debtor other than their own.
The exercise of the right of subrogation to the creditor's claim scope is limited. The subrogation right of creditors to exercise the necessary costs, the burden from the debtor.
Article 74th due the debtor to give up their claims or free transfer of property, causing damage to creditors, creditors may request the People's Court revoked the acts of the debtor. The debtor is obviously unreasonable to low-cost transfer of property, damage to the creditors and the assignee knew of the situation, creditors may also ask the people's court revoke the debtor's acts.
Revocation of the right to exercise the scope of the claims of creditors are limited. Creditors to exercise the right to withdraw the necessary costs, the burden from the debtor.
The right to remove the 75th since the creditor knows or should know the subject revocation of one year from the date of exercise. Since the debtor's acts occurred within five years from the date it does not exercise the right to revoke, the revocation of the right to eradication.
After the entry into force of Article 76th contract, the parties shall not name, name change or the legal representative, responsible person, the contractor's failure to perform contractual obligations change.
Chapter V of the change and transfer of contracts
第七十七条party consensus, can change the contract.
Laws and administrative regulations should apply for approval to change the contract, registration and other formalities, in accordance with its provisions.
78th article of the contract the parties agreed to change the contents of uncertainty, presumed to be unchanged.
Article 79th creditors can contract the right to transfer all or part of a third person, but one of the following situations except:
(A) the nature of the contract shall not be transferable;
(B) The parties have agreed shall not be transferable;
(C) in accordance with the law shall not be transferable.
Transfer of the rights of creditors of the 80th article, it shall notify the debtor. Without notice, the transfer has no effect on the debtor.
Notice of transfer of the rights of creditors shall not be revoked, but except for the consent of the assignee.
第八十一条the transfer of the rights of creditors, the assignee and the claims made from the right, but the exclusive rights of creditors other than their own.
82nd article claims the debtor received notification of the assignment, the debtor's defense of the grantor, you can claim against the assignee.
Article 83rd claims received notification of the assignment, the debtor, the debtor claims to enjoy the grantor and the debtor's creditors before the transfer of the debt due or due at the same time, the debtor may claim set-off against the assignee.
84th will be the debtor's obligations under the contract in whole or in part transferred to the third person, it should be agreed by the creditors.
第八十五条obligations of the debtor transferred, the new debtor may claim the original creditor of the debtor's defenses.
86th Article of the debtor's obligation to transfer, the new debtor should bear the main debt-related from the debt, but the debt from the debtor the exclusive preserve of the original except its own.
87th piece of legislation and administrative regulations in the transfer of rights or obligations should apply for approval for the transfer, registration and other formalities, in accordance with its provisions.
Article 88th party agreed to by the other party may be in the contract their rights and obligations be transferred to third parties.
Article 89th together with the transfer of rights and obligations of this law are applicable to the 79th, the 83rd第八十一条to be第八十五条to the provisions of Article 87th.
90th after the conclusion of the contract the parties be combined by the merger of legal persons and other organizations the right to exercise the contract, its obligations under the contract. Separation of the parties after the conclusion of the contract, except otherwise agreed by the creditors and debtors of the outside, by the separation of legal persons and other organizations on contractual rights and obligations of the enjoyment of several claims Gesamtschuld commitment.
Chapter VI of the rights and obligations of the contract termination
Article Ninety-one of the following cases, the termination of the rights and obligations of the contract:
(A) the debt has to fulfill in accordance with the agreement;
(B) the lifting of the contract;
(C) debt offset each other;
(D) the debtor will be the subject of deposit in accordance with the law;
(E) creditors for debt relief;
(Vi) debt claims attributable to a person;
(Vii) the parties have agreed that the law or other circumstances of termination.
Chosen to terminate the rights and obligations of the contract, the parties should be guided by the principle of good faith, used to carry out notification in accordance with the transaction, assistance, confidentiality and other obligations.
Article party consensus, can terminate the contract.
Side parties may agree to terminate the contract conditions. The achievements of the conditions to terminate the contract, can cancel the contract解除权.
Article 94th of the following circumstances, the parties may terminate the contract:
(A) the contract can not be achieved due to the result that the purpose of force majeure;
(B) in the performance of the expiration of the period before the party made it clear that his behavior or that it does not carry out major debt;
(C) a party to delay implementation of the main debt, after a reasonable period of time after催告have not been fulfilled;
(D) a party to delay implementation of the debt or any other violation of the contract can not be achieved the result that purpose;
(E) other circumstances stipulated by law.
Be the 95th or the parties have agreed that the law解除权exercise period, the expiration of the period of the parties not to exercise the right to eradication.
The law does not require the parties have not agreed or解除权exercise period, after催告by the other party a reasonable period of time not to exercise, the elimination of the right.
Article 96th party 93rd article in accordance with this law, the provisions of Article 94th to terminate the contract that should inform the other party. Since the arrival of the contract to inform each other when lifting. Is disputed by the other party may request the people's court or arbitration body to confirm the validity of rescission.
Laws and administrative regulations should apply for approval to terminate the contract, registration and other formalities, in accordance with its provisions.
After the lifting of Article contract has not been carried out to terminate the discharge; has been performed, according to the nature of the implementation of the contract, the parties may request restitution and take other remedial measures, and the right to ask for damages.
98th Article of the rights and obligations of the termination of the contract, the contract does not affect the terms of settlement and the effectiveness of clean-up.
Negative第九十九条debts among the parties, the subject matter of the types of debt, the quality of the same, any party can be its own debt and the debt offset each other, but in accordance with the law or the nature of the contract shall not be offset in accordance with the exception of.
Offset by the parties that should inform the other party. Since the arrival of the other party when notice of the entry into force. Offset shall not be conditional or time limit attached.
Article 100th liability among the parties, the subject matter of the type, quality is not the same, by mutual consensus, can also be offset.
Article 1 of the following situations, it is difficult to perform their obligations, the debtor may be subject matter of movements:
(A) unjustified refusal to take delivery of creditors;
(B) unknown creditors;
(C) undetermined heirs or creditors of the death of the loss of capacity for civil conduct undetermined guardian;
(D) other circumstances stipulated by law.
Subject matter not suitable for holding or holding costs, and the debtor in accordance with the law can be the subject of the auction or sale, the proceeds of the price movements.
The subject matter of Article 2 after the picture of the movements, with the exception of missing the creditor, the debtor shall promptly notify the creditor or the creditor's heirs, guardians.
The subject matter of Article three movements, the destruction, the risk of loss borne by the creditors. Holding period, the yield to the subject matter of all creditors. Expense of the creditors holding the burden.
Article 4 of creditors holding at any time to receive, but the creditor has a debt of the debtor and the creditor is not in debt or provide guarantees to fulfill before holding departments should be in accordance with the requirements of the debtor to refuse to receive material movements.
Creditors holding the rights to receive, since the holding five years from the date of the exercise is not eliminated, the cost picture of the movements were deducted after the deposit to the state.
Article 5 of creditors from the debtor of some or all of the debt, the rights and obligations of the contract some or all of the termination.
Article 6 claims and liabilities attributable to a person with, the rights and obligations of the contract termination, but the interests of a third person involved, except.
Chapter VII Liability
Article 7 is not a party to fulfill its obligations under the contract or agreement do not meet contractual obligations, and should take to continue to carry out, or take remedial measures, such as liability for breach of contract damages.
Article 8, or a party made it clear that their actions in order to show that its obligations under the contract, the other can be requested before the expiration of the period to fulfill its commitment to liability for breach of contract.
Article 9 is not a party to pay the price or remuneration, the other party may require payment of the price or remuneration.
Article is not a party or non-monetary obligations to fulfill the performance of non-monetary obligations inconsistent with the agreement, the other party may request to fulfill, but one of the following situations except:
(A) the legal or de facto unable to perform;
(B) the subject of debt unfit to fulfill the cost of performance or too high;
(C) a reasonable period of time the creditor is not required to perform.
Quality in line with the 111th article of the agreement, the agreement should be in accordance with the parties to bear liability for breach of contract. There is no agreement on liability for breach of contract or agreement is not clear,第六十一条in accordance with the provisions of this Act can not be identified, the injured party in accordance with the nature of the subject, as well as the size of losses, it is reasonable to assume the other party the option of requesting repair, replace, redo, retired goods, reduce the price or remuneration, such as liability for breach of contract.
Article 112th party to its obligations under the contract or not in conformity with its obligations under the contract agreement, or in fulfilling their obligations to take remedial measures, the other side there are other losses, damages should be.
Article 113th party to its obligations under the contract or not in conformity with its obligations under the contract agreed by the parties, to the other losses, and damages for breach of contract should be equal to the losses caused by, including the performance of the contract after the interests of access, but no more than breach of contract when a party to a contract should be foreseen or foreseeable result of a breach of contract may result in losses.
Operators to provide consumers with goods or services fraud, in accordance with the "People's Republic of China Consumer Protection Law," to assume responsibility for damages.
114th party to the agreement the parties may be breach of contract should be based on breach of contract to the other party to pay a certain amount of liquidated damages can be agreed damages for breach of contract resulting from the calculation of the amount.
Lower than the agreed liquidated damages for loss caused by, the parties may request the people's court or arbitration body to increase it; the agreed liquidated damages for loss caused by too much higher than that, the parties may request the people's court or arbitration body to be reduced appropriately.
The parties to fulfill a contractual breach on the delay in payment, breach of contract after the payment of liquidated damages, it should be default.
Be the 115th person in accordance with the "People's Republic of China Guarantee Law," the other side agreed to pay a deposit as security claims. The debtor defaults, the deposit should be for the purchase price or withdraw arrived. To pay a deposit of one party does not fulfill a contractual debt, and the right to request the return of the deposit; receive a party to the deposit of non-performing debt agreement, it should be double the return of the deposit.
Article 116th both parties agreed liquidated damages, and the deposit agreement, a party defaults, the other party may choose to apply the provisions of liquidated damages or earnest money.
Can not be the 117th performance of the contract due to force majeure, according to the impact of force majeure, some or all of exemption from responsibility, but except as otherwise provided in law. Delay performance of the parties after the event of force majeure, and is not relieved of responsibility.
This alleged force majeure is not foreseeable, can not avoid the objective situation can not overcome.
Article 118th party is unable to perform the contract due to force majeure, it shall promptly notify the other party in order to reduce possible losses caused to the other side, and should provide a reasonable period of time.
Article 119th party after default, the other party should take appropriate measures to prevent the expansion of the loss; did not take appropriate measures to expand resulting in the loss, and shall not seek compensation for the loss of the expansion.
To prevent the loss of clients due to the expansion of the reasonable costs incurred by the default party.
Article 120th breach of contract, both parties should assume their responsibilities.
Article 121st third party who caused the breach of contract and breach of contract should bear the responsibility to each other. And third-party dispute between, in accordance with the law or in accordance with the agreed solution.
Article 122nd breach a party against the other person, property rights and interests, the injured party the right to choose in accordance with this law require or assume liability for breach of contract in accordance with other legal requirements of their commitment to tort liability.
Other provisions of Chapter VIII
Article one hundred and twenty other laws as otherwise provided in the contract, in accordance with its provisions.
124th Article of this Law or other laws, sub-there is no express provision of the contract, the provisions of this Law shall apply general principles, and can refer to this sub-rule or the most similar to other legal requirements.
Be the 125th person on the understanding of the terms of the contract dispute, it should be used in accordance with the contract terms, the relevant provisions of the contract, the purpose of the contract, trading habits, as well as the principle of good faith to determine the true meaning of the clause.
The use of two or more contracts entered into and the agreed text has the same effect on the text used in the meaning of words and phrases have the same presumption. Words and phrases used in the text are inconsistent and should be in accordance with the purpose of contract interpretation.
126th article of foreign-related contract may choose to deal with contractual disputes, the applicable law, but except as otherwise provided in law. Foreign-related contracts the parties have no choice, and apply the most closely linked to the contract law of the country.
In the People's Republic of China Sino-foreign joint ventures to fulfill the contract, contract Chinese-foreign cooperative enterprises, Sino-foreign cooperative exploration and development of natural resources contracts, applicable laws.
Article 127th of industrial and commercial administration departments and other relevant administrative departments in their respective mandates, in accordance with the law and administrative regulations on the use of contract against the national interests, social public interests of the offense, responsible for overseeing the processing; constitute crime, be held criminally responsible.
Be the 128th person through reconciliation or mediation to resolve contract disputes.
Chapter XIII lease contract
Article 212th lessor will lease contract is the delivery of tenant leasehold use, revenue, contract the lessee to pay rent.
213th article of the lease contract will include the name of leasehold, quantity, use, lease, rent and payment terms and the way the terms of the lease and maintenance materials.
Article 214th lease period must not exceed two decades. For more than two decades, more than some invalid.
The expiration of the lease period, the parties may renew the lease contract, but agreed to renew the lease period from the date of no more than two decades.
215th article of the lease period of more than six months, it should be in writing. The parties have not adopted a written form, as from time to time lease.
216th article should be in accordance with the agreement the lessor to the lessee leasehold delivery and maintain the lease during the lease agreement in line with the use of materials.
Lessee of the 217th Article of the method should be used in accordance with the agreed leasehold. On the use of leasehold agreement or no agreement is not clear, in accordance with the provisions of this Act第六十一条can not be identified, it should be in accordance with the nature of the use of leasehold.
218th Article of the lessee in accordance with the agreed method or the nature of the use of leasehold leasehold, with the result that by the loss of a leasehold does not assume liability for damage.
219th article of the agreement the lessee is not in accordance with the method or the nature of the use of leasehold leasehold, resulting in loss of lease, the lessor may terminate the contract and for damages.
Article 220th lessor shall carry out the maintenance of leasehold obligations, except otherwise agreed by the parties.
Article 221st lessees were in need of repair in the lease when the lessor may require maintenance of a reasonable period of time. Did not perform the maintenance obligations of the lessor and the lessee can repair, maintenance costs, the burden from the lessor. The impact of lease structures for maintenance of the lessee to use, it should be a corresponding reduction in rent or to extend the lease term.
Article 222nd lease the lessee should be kept under safe custody matter, the leasehold保管不善damage caused, the loss should bear the liability for damages.
Article 223rd lessee by the lessor agreed to make improvements to the leasehold or additional他物.
The lessee without the lessor's consent, to leasehold improvements or additional他物, the lessor may require the lessee or restitution for damages.
Article 224th lessee agreed to by the lessor, the lease may be sublet to a third party objects. Sublease of the lessee, the lessee and lessor of the lease contract between the continue to be valid, a third loss of the leasehold, the lessee should be liable for damages.
Sublet without the consent of the lessee of the lessor, the lessor may terminate the contract.
During the 225th article in the lease because of the possession, use of lease proceeds were received, to the lessee, but, except otherwise agreed by the parties.
The lessee shall, in accordance with the 226th article of the period agreed to pay rent. There is no agreement on the payment period or agreement is not clear, in accordance with the provisions of this Act第六十一条still not sure, leasing period of less than one year should be paid upon the expiry of the lease period; more than one year lease period, it should be in each of the expiration of a year to pay the remaining period of less than one year should be paid upon the expiry of the lease period.
Article 227th lessee or unjustified delay in payment of unpaid rent, the lessor may require the lessee to pay a reasonable period of time. Failure of the lessee to pay, the lessor may terminate the contract.
Article 228th advocate the rights of third parties, resulting in complex lease the lessee can not use the proceeds of the lessee may be required to reduce non-payment of rent or rent.
Advocate the rights of a third person, the lessee shall promptly notify the lessor.
Article 229th leasehold ownership in the lease during the changes will not affect the validity of the lease contract.
Article 230th betrayed lessor of rental housing should be sold out within a reasonable time period before the notice of the lessee, the lessee to enjoy the same conditions to give priority to the purchase rights.
231st article can not be attributable to the lessee because of the subject, with the result that some or all of leasehold damage, loss and the lessee may be required to reduce non-payment of rent or rent; due to lease some or all of material damage, loss, which can not be to achieve the purpose of the contract, the lessee can cancel the contract.
Article 232nd period the parties have not agreed on the lease or agreement is not clear,第六十一条in accordance with the provisions of this Act can not be determined from time to time as a lease. The parties may terminate the contract at any time, but the lessor to terminate the contract should be notified in a reasonable period of time prior to the lessee.
233rd article of the lease the lessee endanger safety or health, even when the lessee entered into the contract knowing that the quality of the leasehold failed, the lessee can cancel the contract at any time.
Article 234th rental period the lessee's death, instead of his people can live together in accordance with the lease of the housing原租赁合同.
Article 235th lease the expiration of the period, the lessee should be the return of leasehold. The return of materials should be in accordance with the lease agreement or lease in accordance with the nature of the state after use.
Article 236th lease the expiration of the period, the lessee continue to use the leasehold, the lessor has raised no objection, the原租赁合同remain in force from time to time but the period of the lease.
Chapter XIV finance lease contracts
Article 237th finance lease contract is the lessee of the lessor in accordance with the seller, lease options, lease to purchase the seller to provide to the lessee the use of the contract the lessee to pay rent.
Article 238th finance lease contracts include the leasehold title, quantity, specification, technical performance, test methods, lease period, rent and its duration and manner of payment, currency, expiry of lease period the ownership of objects, such as lease terms .
Financial lease contract shall be in writing.
Lessee of the lessor under the 239th Article of the seller, lease options were entered into a contract for the sale, the seller should be in accordance with the agreed upon delivery to the subject matter of the lessee, the lessee to enjoy the subject matter and the receipt of the buyer rights.
Article 240th lessor, the seller, the lessee may agree, the seller does not fulfill obligations under a contract for the sale by the lessee to exercise the right to claim. Claims to exercise the rights of the lessee, the lessor should assist.
Article 241st lessee to the lessor in accordance with the seller, lease options were entered into a contract for the sale, the lessee without the consent of the lessor and the lessee shall not change the contents of the contract.
Article 242nd lessor of a leasehold title to enjoy. Bankruptcy of the lessee, leasehold property does not belong to bankruptcy.
243rd article of finance lease rental contract, with the exception of the outside otherwise agreed by the parties, shall, in accordance with the purchase of leasehold costs, as well as most or all of the lessor to determine a reasonable profit.
Article 244th lease agreement were not in conformity with the purpose of or inconsistent with the use of, the lessor is not liable, but the lessee to rely on the skills of the lessor or the lessor to determine leasehold leasehold intervention except selection.
The lessor should ensure that the 245th article of the lease the lessee possession and use of materials.
Article 246th leasehold possession of the lessee, the lease under which the third person's personal injury or property damage, the lessor is not liable.
247th lessee should be kept under safe custody, the use of leasehold.
Possession of the lessee shall carry out the repairs during the lease obligations.
248th article should be in accordance with the agreement the lessee to pay rent.催告by the lessee after a reasonable period of time not to pay rent, the lessor may be required to pay the full rent; can also cancel the contract, to recover the leasehold.
Article 249th period the parties have agreed that the expiration of the lease to the lessee of all leasehold, the lessee has paid most of the rent, but can not afford to pay the remaining rent, the lessor to terminate the contract, therefore objects to recover the lease, the lease to recover more than the value of the lease who owed rent and other costs, the lessee may request the return of part.
Article 250th lessor and lessee may agree lease expiry of the lease period the ownership of objects. The attribution of the leasehold agreement have not agreed or is not clear, in accordance with the provisions of this Act第六十一条can not be identified, leasehold ownership of the lessor.
Chapter XV of the contract Forwarders
Forwarding contract is the 251st article承揽人completed in accordance with the requirements of定作人work, delivery of the results of the work contract定作人pay compensation.
Agents, including processing, is scheduled to make, repair, replication, testing, inspection and so on.
Article 252nd forwarding the contents of the contract, including the subject of contract, the quantity, quality, remuneration, contract means the provision of materials to fulfill the period, such as acceptance of the terms of the standards and methods.
253rd承揽人should be in their own equipment, technology and labor to complete the major work, but, except otherwise agreed by the parties.
Forwarders承揽人its major work completed by the third person, should be completed on the third person to定作人responsible for the results of the work;定作人without consent,定作人can also cancel the contract.
Article 254th承揽人can support the work of its contract by the completion of a third person. Forwarders承揽人support its work completed by the third person, should be completed on the third person to定作人responsible for the results of the work.
承揽人255th article of the provision of materials,承揽人materials should be selected in accordance with the agreement and accept the inspection定作人.
定作人256th article of the provision of materials,定作人materials should be provided in accordance with the agreement.承揽人on information provided by the定作人should be tested in time, when found not complying with the agreement, it should be replaced promptly notify定作人, filled, or take other remedial measures.
承揽人not allowed to replace the information provided by the定作人not replace the parts do not need repair.
Article定作人257th承揽人found to provide the technical requirements of the drawings or unreasonable, it should be duly informed定作人. Reply定作人just an effect due to causes such as loss of承揽人, it should be for damages.
Article 258th定作人way to change the requirements of the work contract, resulting in the loss of承揽人, it should be for damages.
Agents need to be the work of the 259th定作人assistance to assist定作人obligations.定作人a result, non-performance of contract obligations to assist the work can not be completed,催告定作人can承揽人a reasonable period of time to fulfill their obligations, and the period can be extended to fulfill;定作人failure to perform,承揽人can cancel the contract.
In the 260th article承揽人work, should receive the necessary supervision, inspection and定作人. Supervision, Inspection and定作人shall not impede the normal operation of承揽人.
Article承揽人261st to complete its work, it should be delivered to the定作人the results of the work and submit the necessary technical information and the quality of proof.定作人acceptance of the results of the work should be.
262nd承揽人be the results of the work to deliver quality does not meet the requirements of定作人may be required to bear承揽人repair, redo, reduce the remuneration, such as liability for breach of contract damages.
Article定作人263rd in accordance with the agreed time limit should be paid. The deadline for payment of compensation is not agreed or agreed upon is not clear, in accordance with the provisions of this Act第六十一条can not be identified,定作人should be delivered in the results of the work承揽人pay; part of the delivery of the results of the work, should be a corresponding定作人payment.
264th定作人not be paid to the承揽人price or materials, etc.,承揽人on the results of the work completed to enjoy a lien, but, except otherwise agreed by the parties.
Article承揽人265th定作人should provide safe custody of materials, as well as the results of the work completed,保管不善caused by damage, loss, and shall bear the liability for damages.
Article承揽人266th定作人should be in accordance with the requirements of confidentiality, without定作人will be allowed to retain copies of, or technical information.
承揽人267th article of the common定作人are jointly and severally liable, but, except otherwise agreed by the parties.
Article 268th contract lifting定作人the contract at any time, resulting in the loss of承揽人, it should be for damages.
Chapter XVI construction contract
Article 269th construction contract is to carry out construction projects contractor, contract to pay the co
全部回答
- 1楼网友：孤独的牧羊人
- 2021-10-19 17:25
在团队中建立和谐的人际关系，从另一个方面来说就是要减少团队内部的冲突。
团队中人际关系冲突产生原因主要有以下两种：
（1）在某些实质性问题上的利益冲突，利益差异导致分歧和矛盾。
（2）负面情绪的冲突，如不信任、恐惧、拒绝和愤怒等不相容的行为。由于个性问题而产生冲突的起因非常简单，仅仅是因为一方对另一方的行动、态度、语气、外表和言语不满。这种不满会导致减少和拒绝合作，他们之间的关系也由团队协作走向冲突。
针对以上原因，可以采取下列措施来减少团队中人际冲突的产生。
（1）态度上引发的冲突，解决方法是建立和谐的团队文化，增强团队成员之间的信任。
不健康的团队文化常常会引发非常多的人与人之间的冲突，并会阻碍最佳解决方案的产生。最常见到的就是“我不喜欢你，不是因为和你有技术、方法上的观点不同，而是因为你用轻视的态度对待我的想法。”因此，这种由于态度引发的冲突上上策是各方自己主动和解。
主动和解“无招胜有招”的方式要有一个前提，就是有一个良好的团队文化，只有团队成员之间的关系是友善的、以诚相待的才能做到。因此，团队成员彼此间越是信任，就越少将观念之争误认为个人之争。
（2）上下游关系引发的冲突，解决方法是建立团队沟通制度。
这类冲突的原因多为下游对上游的工作质量不满，多次旁敲侧击、私下提醒均无效，就会一竿子捅到双方领导那里。冲突的根源主要在于上下游职责不明，所以会有双方的互相推诿、扯皮，甚至指责。
这时更多的是要建立项目沟通的制度，比如例会、报告制度等等。包括沟通形式、范围以及沟通双方人员等，还要包括沟通内容及结果的处理、收集、传递、保存的程序和方式等。而且，所有的沟通方式必须有反馈机制，使信息收到后保证理解是正确的，很多信息是传达到了，但却被错误理解了，也会产生大量扯皮的冲突问题。
（3）立场上对立的人员冲突，要树立职业态度的工作意识
团队中的成员由于工作任务和职责的不同必然对立，双方由于工作性质上的不一致，冲突必然会不断发生。可以说立场冲突是司空见惯，一般争论过了就过了，下次照样讨论或者争论，并不影响工作进展和造成情绪对立。
但前提是双方能够理解并达成默契，认同这种沟通方式，而不是认为对方在找茬。如果冲突发展到双方气得不愿意解释自己的观点，互相挑对方话语中的毛病，甚至干脆破罐破摔，这就会影响到工作进展，把本来是岗位职责的冲突变成了人际关系冲突。
- 2楼网友：woshuo
- 2021-10-19 16:28
每个人都渴望与同事、朋友、亲人甚至陌生人建立良好的人际关系。而我们常常发现，尽管自己非常努力，但有些关系还是不尽人意。事实上，良好人际关系的建立，和谈恋爱一样，不能强扭，不能单相思，需要彼此的共同努力，“两情相悦”基础上建立的人际关系才能和谐长久。
良好人际关系的建立，涉及到己方和对方的多种因素，如果长期不能处理好与周围的人际关系，就值得自己反思了。我们不能改变别人，但可以改变自己。
人之相知贵在知心。如果“人心隔肚皮”，“逢人只说三分话，未可全抛一片心”，与人说话，躲躲闪闪，讳莫如深，就容易使人产生距离感。所谓莫逆之交，相逢恨晚的人，大都是能开诚心、布公道，彼此知心者。
西方社会心理学家创造的“约哈里窗户”理论，有助于我们思考人际关系建立的问题。
该理论认为，人们之间交往成败与否，人际关系能否健康发展，很大程度上取决于各人自我暴露区域的大小。每个人心里都存在四个区域：自己了解、别人也了解的“开放区域”（你知我知）；别人了解、自己却不了解的“盲目区域”（你知我不知，只缘身在此山中）；只有自己了解、从未向人透露的“秘密区域”（我知你不知，隐私）；自己和别人都不了解的“未知区域”（你我都不知，潜能，潜意识）。
一般地说，为了交往的顺利进行和发展，总要尽量扩大“开放区域”，缩小“秘密区域”，做到多向对方袒露心扉，让别人了解自己。心理学研究表明，人与人的交往是一个互动过程，我对别人开放的区域越大，往往可以获得相接近水平的开放区域。所以，要了解别人，先要让别人了解自己。缩小秘密区，扩大开放区，自然会得到别人良性反馈和获得别人的好感。一般情况下，自我开放的区域与人际关系的和谐度成正比。
当我们为人际关系苦恼时，不要一味抱怨命运的不公，也不要过多的指责他人的不是，正如“要获得别人的尊重，先要尊重别人”一样，不防先试着改变自己。
- 3楼网友：忘川信使
- 2021-10-19 15:47
所谓人际关系，是指人们在各种具体的社会领域中，通过人与人之间的交往建立起心理上的联系，它反映在群体活动中，人们相互之间的情感距离和相互吸引与排拒的心理状态。和谐、友好、积极、亲密的人际关系都属于良好的人际关系，对于一个人的工作、生活和学习是有益的；相反，不和谐、紧张、消极、敌对的人际关系则是不良的人际，对一个的工作、生活和学习是有害的。社会心理学的调查研究了表明，良好的人际关系是一个人心理正常发展，个性保持健康和生活具有幸福感的重要条件之一。古语云：“天时不如地利，地利不如人和”。对于远离家乡外出求学的大学生来说，无论在什么情况下都应重视“人和”这个重要因素。美国著名成人教育家戴尔.卡耐基经过大量的研究发现说：“一个人事业上的成功，只有百分之十一是由于他的专业技术，另外的百分之八十要靠人际关系、处世技巧。”此话也许说得绝对些，但也从另一侧面说明良好人际关系对成就事业的重要性。所以大学生学会建立良好人际关系的方法，掌握其途径，无论是对在校建立起一个良好的学习环境，还是对毕业后建立一个良好的工作环境，都是十分必要的。建立良好的人际关系的具体方法很多，但在日常生活中，最为主要，同时又可以有效地为每一个人所运用的主要有以下几个方面：
第一、建立良好的第一印象。人际关系是在人们的交往中产生的。交往伊始，谁不想给对方留下一份美好的印象呢？同样，谁不想与留下好印象的人继续往来，以此作为深入交往的基础？我们在与别人发生最初交往时，应该怎样表现才能使自己给别人留下良好的第一印象呢？
要注意仪表美。人的仪表，包括相貌、穿着、仪态、风度等，都是影响人际交往的因素。人们总是倾向于觉得仪表有魅力的人更活泼愉快，更友善合群。衣着整洁、大方，仪表举止自然会给人一种亲近感，反之，过分修饰，油头粉面，浓装艳抹，则会给人一种不合宜的印象。
要注意交往中的"SOLER"技术。在这里，S(SIT)代表"坐要面对别人"；O(OPEN)表示"姿势要自然开放";L(LEAN)的意思为"身体微微前倾"；E(EYES)代表"目光接触"；R(RELXX)表示“放松“。心理学家发现，在社交场合，有意识地运用SOLER技术，可以有效地增加给别人的好感，让别人更好的接纳，给人留下良好的第一印象。
待人要真诚热情。一般情况下，交往双方总是先接受说话的人，然后才会接受对方陈述的内容。因此，对人讲话时，态度应该诚恳，要避免油腔滑调，高谈阔论，哗众取宠，垄断话题，否则会使人感到不愉快。实事求是，态度热情，往往给人一种信赖感，亲近感，这有利于交往的继续深入；反之，如果言不由衷转弯抹角，态度冷谈，则给人一种虚假、冷淡的感觉，交往很难再深入下去。
做一个忠实的听众。每个人都需要有自我表现的机会。在初次交往中，有效地表现自己固然重要，但做一个耐心的听众，鼓励别人多谈他们自己，同样是不可少的。
当然，要给别人留下良好的第一印象，还受其他许多因素的影响，比如：讲信用，守时间，文明礼貌，等等。
第二，主动交往。在现实生活中，有许多人尽管与人交往的欲望很强烈，但仍然不得不常常忍受孤独的折磨，他们的友人很少，甚至没有友人，因为他们在社交上总是采取消极的被动的退缩方式，总是等待别人来首先接纳他们。因此，虽然他们同样处于一个人来人往，熙熙攘攘的世界，却仍然无法摆脱心灵的孤寂。要知道， 别人是不会无缘无故对我们感兴趣的。因此，我们要想赢得别人，同别人建立良好人际关系，建立起一个丰富的人际关系世界，就必须做交往的始动者，处于主动地位。我们就应少担心，多尝试。当你主动与陌生人打招呼，攀谈时；当你在舞会上想去邀请舞伴时，你会发现你的努力几乎都是成功的。当你的成功经验越来越多，你的自信心也会越来越充分，你的人际关系处境也会越来越好。
第三，关心帮助别人。患难识知已，逆境见真情。当一个人遇到坎坷，碰到困难，遭到失败时，往往对人情世态最为敏感，最需要关怀和帮助，这时那怕是一个笑脸，一个体贴的眼神，一句温暖的话语，都能让人感到安慰，感到振奋。因此，当别人遇到困难，陷入困境时，你能伸出援助之手，帮助困难者，安慰失意者，可以很快赢得别人，建立起良好的人际关系。如果对别人漠不关心，麻木不仁，小心吝啬，怕招引麻烦，交往很可能因此而中止。
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