The parties may conclude a contract by reference to the model text of each kind of contract.
Article 42 The party shall be liable for damages if it is under one of the following circumstances in concluding a contract and thus causing losses to the other party:
(1) A contract is concluded through the use of fraud or coercion by one party to damage the interests of the State;
Article 29 If the offeree dispatches the acceptance within the time limit for acceptance which can reach the offeror in due time under normal circumstances, but the acceptance reaches the offeror beyond the time limit because of other reasons, the acceptance shall be effective, except that, the offeror informs the offeree promptly that it does not accept the acceptance because it exceeds the time limit for acceptance.
Where the contents of a commercial advertisement comply with the terms of the offer, it may be regarded as an offer.
CHAPTER 4 PERFORMANCE OF CONTRACTS
(5) If the method of performance is unclear, the method which is advantageous to realize the purpose of the contract shall be adopted.
Additional expenses caused to the obligee by partial performance shall be borne by the obligor.
(1) The notice of rejection reaches the offeror;
(4) Other circumstances showing that it loses or is possible to lose the capacity of credit.
(3) An illegitimate purpose is concealed under the guise of legitimate acts;
Article 15 An invitation for offer is a proposal for requesting other parties to make offers to the principal. Price forms mailed, public notices of auction and tender, prospectuses and commercial advertisements, etc. are invitations for offer.
Where the law does not stipulate or the parties make no agreement upon the time limit to exercise the right to rescind the contract, and no party exercises it within a reasonable time period after being urged, the said right shall be extinguished.
Article 94 The parties to a contract may rescind the contract under any of the following circumstances:
(2) A party having the right to revoke the contract explicitly expresses or conducts an act to waive the right after it knows the revoking causes.
Article 6 The parties must act in accordance with the principle of good faith, no matter in exercising rights or in performing obligations.
Article 67 Where both parties have obligations towards each other and there has been an order of priority in respect of the performance, and the party which shall render its performance first has not rendered the performance, the party which may render its performance lately has the right to reject the other party’s request for performance. Where the party which shall render its performance first violates the terms of a contract while fulfilling the obligations, the party which may render its performance lately has the right to reject the other party’s corresponding request for performance.
CHAPTER 22 CONTRACTS FOR BROKERAGE
(4) The obligor has deposited the object according to law;
(2) If the offer is made in forms other than a dialogue, the acceptance shall arrive within a reasonable period of time.
(1) A party having the right to revoke the contract fails to exercise the right within one year from the day that it knows or ought to know the revoking causes;
Article 49 If an actor has no power of agency, oversteps the power of agency, or the power of agency has expired and yet concludes a contract in the principal’s name, and the counterpart has reasons to trust that the actor has the power of agency, the act of agency shall be effective.
(8) methods to settle disputes.
SECTION 3 CONTRACTS FOR GOODS TRANSPORTATION
The notice of assignment of rights may not be revoked, unless the assignee agrees thereupon.
Article 30 The contents of an acceptance shall comply with those of the offer. If the offeree substantially modifies the contents of the offer, it shall constitute a new offer. The modification relating to the contract object, quality, quantity, price or remuneration, time or place or method of performance, liabilities for breach of contract and the settlement of disputes, etc., shall constitute the substantial modification of an offer.
Article 82 After the obligor receives the notice of assignment of the creditor’s rights, it may claim its demur in respect of the assignor to the assignee.
Article 57 If a contract is null and void, revoked or terminated, it shall not affect the validity of the dispute settlement clause which is independently existing in the contract.
(1) title or name and domicile of the parties;
Article 66 If both parties have obligations towards each other and there is no order of priority in respect of the performance of obligations, the parties shall perform the obligations simultaneously. One party has the right to reject the other party’s request for performance before the other party’s performance. One party has the right to reject the other party’s corresponding request for performance if the other party’s performance does not meet the terms of the contract.
The parties shall abide by the principle of good faith and perform the obligations of notice, assistance and maintaining confidentiality, etc. based on the character and purpose of the contract or the transaction practices.
CHAPTER 1 GENERAL PROVISIONS
Article 85 If the obligor assigns its obligations to a third party, the new obligor may claim the demur belonging to the original obligor in respect of the obligee.
Article 37 A contract, which is concluded in written form, shall be eslablished, if one party has performed its principal obligation and the other party has received it before signiture or affixing with a seal.
Article 27 An acceptance may be withdrawn, but a notice of withdrawal shall reach the offeror before the notice of acceptance reaches the offeror or at the same time when the acceptance reaches the offeror.
(5) price or remuneration;
Article 68 One party, which shall render its performance first, may suspend its performance, if it has conclusive evidence that the other party is under any of the following circumstances:
If a contract is concluded by one party against the other party’s true intentions through the use of fraud, coercion or exploitation of the other party’s unfavorable position, the injured party shall have the right to request the people’s court or an arbitration institution to modify or revoke it.
Article 83 When the obligor receives the notice of assignment of the creditor’s rights, and the obligor has due creditor’s rights to the assign or, and the creditor’s rights of the obligor are due in priority to the assigned creditor’s rights or due at the same time, the obligor may claim to offset each other to the assignee.
Article 8 As soon as a contract is established in accordance with the law, it shall be legally binding on the parties. The parties shall perform their respective obligations in accordance with the terms of the contract. Neither party may unilaterally modify or rescind the contract.
The right of revocation shall be exercised within the scope of the creditor’s right of the obligee. The necessary expenses caused to the obligee by exercising the right of revocation shall be borne by the obligor.
Article 59 If the parties have maliciously conducted collusion to damage the interests of the State, a collective or a third party, the property thus acpuired shall be turned over to the State or returned to the collective or the third party.
Where a contract is concluded in the form of data-telex, the time when an acceptance arrives shall apply the provisions of Paragraph 2, Article 16 of this Law.
Article 76 After a contract becomes effective, the parties may not reject to perform the obligations of the contract because of modification of the title or name of the parties, or change of the statutory representative, the responsible person or the executive person of the parties.
(1) those concluded as a result of serious misunderstanding;
Article 33 Where the parties conclude the contract in the form of a letter or data-telex, etc., one party may request to sign a letter of confirmation before the conclusion of the contract. The contract shall be established at the time when the letter of confirmation is signed.
Article 21 An acceptance is a statement made by the offeree indicating assent to an offer.
Article 45 The parties may agree on some collateral conditions relating to the effectiveness of a contract. The contract with entry-into-force conditions shall be effective when such conditions are accomplished. The contract with dissolving conditions shall be null and void when such conditions are accomplished.
Article 24 Where the offer is made in a letter or a telegram, the time limit for acceptance commences from the date shown in the letter or from the moment the telegram is handed in for dispatch. If no such date is shown in the letter, it commences from the date shown on the envelope. Where an offer is made by means of instantaneous communication, such as telephone or facsimile, the time limit for acceptance commences from the moment that the offer reaches the offeree.
Article 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintaining the social economic order and promoting the progress of the socialist modernization drive.
CHAPTER 2 CONCLUSION OF CONTRACTS
CHAPTER 9 CONTRACTS FOR SALES
Article 52 A contract shall be null and void under any of the following circumstances:
Article 64 Where the parties agree that the obligor performs the obligations to a third party, and the obligor fails to perform the obligations to the third party or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract.
If the contract is concluded in the form of data-telex, the main business place of the receipient shall be the place of establishment. If no main business place, its habitual residence shall be considered to be the place of establishment. Where the parties agree otherwise, the place of establishment shall be subject to that agreement.
Article 70 If the obligee does not notify the obligor its separation, merger or a change of its domicile so as to make it difficult for the obligor to perform the obligations, the obligor may suspend the performance of the contract or have the object deposited.
CHAPTER 2 CONCLUSION OF CONTRACTS
The parties may conclude a contract through an agent in accordance with the law.
Article 56 A contract that is null and void or revoked shall have no legally binding force ever from the very beginning. If part of a contract is null and void without affecting the validity of the other parts, the other parts shall still be valid.
CHAPTER 4 PERFORMANCE OF CONTRACTS
(2) It moves away its property and takes out its capital secretly to evade debt;
The counterpart may urge the statutory agent to ratify the contract within one month. It shall be regarded as a refusal of ratification that the statutory agent does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice.
Article 80 An obligee assigning its rights shall notify the obligor. Without notifying the obligor, the assignment shall not become effective to the obligor.
Additional expenses caused to the obligee by advance performance shall be borne by the obligor.
CHAPTER 13 CONTRACTS FOR LEASE
Contract Law of the People’s Republic of China
Article 32 Where the parties conclude a contract in written form, the contract is established when both parties sign or affix a seal on it.
Article 22 Except that it is based on transaction practices or that the offer indicates an acceptance may be made by performing an act, the acceptance shall be made by means of notice.
(4) If the time limit for performance is unclear, the obligor may at any time fulfill the obligations towards the obligee; the obligee may also demand at any time that the obligor performs the obligations, but a time period for necessary preparation shall be given to the obligor.
(1) If the offer is made in dialogues, the acceptance shall be made immediately except as otherwise agreed upon by the parties;
(4) The offeree substantially alters the contents of the offer.
CHAPTER 3 EFFECTIVENESS OF CONTRACTS
Article 62 If the relevant terms of a contract are unclear, nor can it be determined according to the provisions of Article 61 of this Law, the provisions below shall be applied:
Article 18 An offer may be revoked, if the revocation reaches the offeree before it has dispatched an acceptance.
Where a party requests for modification, the people’s court or the arbitration institution may not revoke the contract.
If the laws or administrative regulations stipulate that a contract shall be modified through the procedures of approval or registration, such provisions shall be followed.
Article 4 The parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere.
(2) concealing deliberately the important facts relating to the conclusion of the contract or providing deliberately false information;
Article 58 The property acquired as a result of a contract shall be returned after the contract is confirmed to be null and void or has been revoked; where the property can not be returned or the return is unnecessary, it shall be reimbursed at its estimated price. The party at fault shall compensate the other party for losses incurred as a result therefrom. If both parties are at fault, each party shall respectively be liable.
(1) those that cause personal injury to the other party;
(2) The offeror revokes its offer in accordance with the law;
(1) disguising and pretending to conclude a contract, and negotiating in bad faith;
(2) If the price or remuneration is unclear, the market price of the place of performance at the time concluding the contract shall be applied; if the government-fixed price or government-directed price shall be followed in accordance with the law, the provisions of the law shall be applied.
(2) The rights under the contract may not be assigned according to the agreement between the parties;
Article 34 The place of effectiveness of an acceptance shall be the place of the establishment of the contract.
(3) The rights under the contract may not be assigned according to the provisions of the laws.
CHAPTER 8 MISCELLANEOUS PROVISIONS
(2) those that are obviously unfair at the time when concluding the contract.
(6) time limit, place and method of performance;
Article 17 An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives.
Article 51 Where a person having no right to disposal of property disposes of other persons’ properties, and the principal ratifies the act afterwards or the person without power of disposal has obtained the power after concluding a contract, the contract shall be valid.
If a contract is concluded by means of data-telex, and a recipient appoints a specific system to receive the data-telex, the time when the data-telex enters the system shall be the time of arrival; if no specific system is appointed, the time when the data-telex first enters any of the recipient’s systems shall be regarded as the time of arrival.
Article 38 In case the State issues a mandatory plan or a State purchasing order task based on necessity, the relevant legal persons or other organizations shall conclude contracts between them in accordance with the rights and obligations as stipulated by the relevant laws and administrative regulations.
(1) the offeror indicates a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; or
(2) Malicious collusion is conducted to damage the interests of the State, a collective or a third party;
Article 19 An offer may not be revoked, if
(3) It loses its commercial credibility;
Article 11 The written forms mean the forms which can show the described contents visibly, such as a written contractual agreement, letters, and data-telex (including telegram, telex, fax, EDI and e-mails).
The parties to a contract may agree upon the conditions to rescind the contract by one party. When such conditions are accompanised, the party entitled to rescind the contract may rescind it.
Article 72 The obligee may reject the partial performance of the contract by the obligor, except that the partial performance does not damage the interests of the obligee.
Article 48 A contract concluded by an actor who has no power of agency, who oversteps the power of agency, or whose power of agency has expired and yet concludes it on behalf of the principal, shall have no legally binding force on the principal without ratification by the principal, and the actor shall be held liable.
The counterpart may urge the principal to ratify it within one month. It shall be regarded as a refusal of ratification that the principal does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice.
Article 5 The parties shall abide by the principle of fairness in defining the rights and obligations of each party.
Article 88 One party to a contract may assign its rights and obligations under the contract together to a third party with the consent of the other party.
Standard terms are clauses which are prepared in advance for general and repeated use by one party and which are not negotiatied with the other party in concluding a contract.
CHAPTER 3 EFFECTIVENESS OF CONTRACTS
(2) The contract has been rescinded;
Article 35 Where the parties conclude a contract in written form, the place where both parties sign or affix a seal shall be the place where the contract is established.
Article 78 If the contents of the modified contract agreed by the parties are unclear, it shall be presumed that the contract is not modified.
Article 16 An offer becomes effective when it reaches the offeree.
The contract established according to law shall be under the protection of law.
SECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATION
SECTION 1 GENERAL RULES
Article 61 Where, after the contract becomes effective, there is no agreement in the contract between the parties on the terms regarding quality, price or remuneration and place of performance, etc. or such agreement is unclear, the parties may agree upon supplementary terms through consultation. In case of a failure in doing so, the terms shall be determined from the context of relevant clauses of the contract or by transaction practices.
(6) The creditor’s rights and debt obligations are assumed by the same person; or
(1) Its business conditions are seriously deteriorating;
Article 69 One party to a contract which suspends its performance of the contract in accordance with the provisions of Article 68 of this Law, shall promptly inform the other party of such suspension. It shall resume its performance of the contract when the other party provides a sure guarantee. After the suspension of the performance, if the other party does not reinstate its capacity of performance and does not provide with a sure guarantee, the party suspending performance of the contract may rescind the contract.
Article 13 The parties shall conclude a contract in the form of an offer and acceptance.
(7) liability for breach of contract; and
Article 47 A contract concluded by a person with limited civil capacity of conduct shall be effective after being ratified afterwards by the person’s statutory agent, but a pure profit-making contract or a contract concluded which is appropriate to the person’s age, intelligence or mental health conditions need not be ratified by the person’s statutory agent.
Article 79 The obligee may assign, wholly or in part, its rights under the contract to a third party, except for the following circumstances:
CHAPTER 16 CONTRACTS FOR CONSTRUCTION PROJECTS
Article 90 If one party to a contract is merged after the contract has been concluded, the legal person or other organization established after the merger shall exercise the contract rights and perform the contract obligations. If one party is separated after the contract has been concluded, the legal persons or other organizations thus established after the separation shall exercise the contract rights or assume the contract obligations jointly and severally.
Article 92 When the rights and obligations of contracts are terminated, the parties to a contract shall, abiding by the principle of good faith, perform such obligations as making a notice, providing assistance and maintaining confidentiality according to transaction practices.
(5) The debt obligations have been exempted by the obligee;
Article 87 Where the laws or administrative regulations stipulate that the assignment of rights or transfer of obligations shall go through approval or registration procedures, such provisions shall be followed.
Article 10 The parties may conclude a contract in written, oral or other forms.
SECTION 4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICE CHAPTER 19 CONTRACTS FOR STORAGE
(7) Other circumstances for termination as stipulated by the laws or agreed upon by the parties in the contract.
Article 23 An acceptance shall reach the offeror within the time limit fixed in the offer.
Article 25 A contract is established when the acceptance becomes effective.
Article 31 If the acceptance does not substantially modifies the contents of the offer, it shall be effective, and the contents of the contract shall be subject to those of the acceptance, except as rejected promptly by the offeror or indicated in the offer that an acceptance may not modify the offer at all.
(4) Damaging the public interests;
Article 75 The time limit for exercising the right of revocation shall be one year, commencing from the day when the obligee is aware or ought to be aware of the causes of revocation. If the right of revocation has not been exercised within five years from the day when the act of the obligor takes place, the right of revocation shall be extinguished.
Article 46 The parties may agree on a conditional time period as to the effectiveness of the contract. A contract subject to an effective time period shall come into force when the period expires. A contract with termination time period shall become invalid when the period expires.
Article 7 In concluding and performing a contract, the parties shall abide by the laws and administrative regulations, observe social ethics. Neither party may disrupt the socio-economic order or damage the public interests.
CHAPTER 15 CONTRACTS FOR WORK
(4) One party to the contract delays in performing the debt obligations or commits other acts in breach of the contract so that the purpose of the contract is not able to be realized; or
Article 96 One party to a contract shall make a notice to the other party if it advances to rescind the contract according to the provisions of Paragraph 2, Article 93 and Article 94&nbs
Where the laws or administrative regulations require a contract to be concluded in written form, the contract shall be in written form. If the parties agree to do so, the contract shall be concluded in written form.
CHAPTER 12 CONTRACTS FOR LOANS
(1) If quality requirements are unclear, the State standards or trade standards shall be applied; if there are no State standards or trade standards, generally held standards or specific standards in conformity with the purpose of the contract shall be applied.
Article 81 If the obligee assigns its rights, the assignee shall acquire the collateral rights relating to the principal rights, except that the collateral rights exclusively belong to the obligee.
SECTION 1 GENERAL RULES
SECTION 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATION
(3) The debts have been offset against each other;
CHAPTER 21 CONTRACTS FOR COMMISSION
Article 91 The rights and obligations of contracts shall be terminated under any of the following circumstances:
(2) contract object;
Article 71 The obligee may reject an advance performance of the contract by the obligor, except that the advance performance does not damage the interests of the obligee.
CHAPTER 14 CONTRACTS FOR FINANCIAL LEASE
Article 36 A contract, which shall be concluded in written form as provided for by the laws and administrative regulations or as agreed upon by the parties, shall be established, as the parties do not use the written form, but one party has performed the principal obligation and the other party has received it.
The subrogation shall be exercised within the scope of the creditor’s right of the obligee. The necessary expenses caused to the obligee by exercising subrogation shall be borne by the obligor.
(3) performing other acts which violate the principle of good faith.
亚洲城ca88com，(1) The purpose of the contract is not able to be realized because of force majeure;
CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS
Article 77 A contract may be modified if the parties reach a consensus through consultation.
Article 86 If the obligor assigns its obligations to a third party, the new obligor shall assume the collateral obligations relating to the principal obligations, except that the obligations exclusively belong to the original obligor.
Article 39 Where standard terms are adopted in concluding a contract, the party which supplies the standard terms shall define the rights and obligations between the parties abiding by the principle of fairness, request the other party to note the exclusion or restriction of its liabilities in reasonable ways, and explain the standard terms according to the requirement of the other party.
(2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contract.
CHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF ELECTRICITY, WATER, GAS OR HEATING
Article 53 The following immunity clauses in a contract shall be null and void:
Article 44 The contract established according to law becomes effective when it is established.
Where a party suspends performance of a contract without conclusive evidence, it shall be liable for the breach of contract.
(5) Violating the compulsory provisions of the laws and administrative regulations.
Article 74 If the obligor renounces its due creditor’s right or transfers its property gratis, thus damaging the interests of the obligee, the obligee may request the people’s court to revoke the obligor’s act. If the obligor transfers its property at an obviously unreasonable low price, thus damaging the interests of the obligee, and the transferee knows such situation, the obligee may request the people’s court to revoke the obligor’s act.
Article 14 An offer is a proposal hoping to enter into a contract with other parties. The proposal shall comply with the following stipulations:
Article 2 A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations.
Article 89 If one party to a contract assigns its rights and obligations under the contract together to a third party, the provisions of Article 79, Article 81 to 83, and Article 85 to 87 of this Law shall be applied.
Article 95 Where the laws stipulate or the parties agree upon the time limit to exercise the right to rescind the contract, and no party exercises it when the time limit expires, the said right shall be extinguished.
亚州城娱乐官网手机版，Article 55 The right to revoke a contract shall extinguish under any of the following circumstances:
With regard to contracts which are subject to approval or registration as provided for by the laws or administrative regulations, the provisions thereof shall be followed.
www.ca888.com，(3) One party to the contract delays in performing the principal debt obligations and fails, after being urged, to perform them within a reasonable time period;
Article 63 In cases where the government-fixed price or government- directed price is followed in a contract, if the said price is readjusted within the time limit for delivery as stipulated in the contract, the payment shall be calculated according to the price at the time of delivery. If the delivery of the object is delayed and the price has risen, the original price shall be adopted; while the price has dropped, the new price shall be adopted. In the event of delay in taking delivery of the object or late payment, if the price has risen, the new price shall be adopted; while the price has dropped, the original price shall be adopted.
(6) If the burden of the expenses of performance is unclear, the cost shall be assumed by the obligor.
(1) Its contents shall be detailed and definite;
Article 54 A party shall have the right to request the people’s court or an arbitration institution to modify or revoke the following contracts:
CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS
Article 65 Where the parties agree that a third party performs the obligations to the obligee, and the third party fails to perform the obligations or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract.
Article 84 If the obligor assigns its obligations, wholly or in part, to a third party, it shall obtain consent from the obligee first.
CHAPTER 20 CONTRACTS FOR WAREHOUSING
CHAPTER 18 CONTRACTS FOR TECHNOLOGY
(3) If the place of performance is unclear, and the payment is currency, the performance shall be effected at the place of location of the party receiving the payment; if real estate is to be delivered, the performance shall be effected at the place of location of the real estate; in case of other contract objects, the performance shall be effected at the place of location of the party fulfilling the obligations.
Article 12 The contents of a contract shall be agreed upon by the parties, and shall contain the following clauses in general:
Article 20 An offer shall be null and void under any of the following circumstances:
SECTION 2 CONTRACTS FOR TECHNOLOGY DEVELOPMENT
(2) One party to the contract expresses explicitly or indicates through its acts, before the expiry of the performance period, that it will not perform the principal debt obligations;
Article 28 Where an offeree makes an acceptance beyond the time limit for acceptance, the acceptance shall be a new offer except that the offeror informs the offeree of the effectiveness of the said acceptance promptly.
Article 43 A business secret the parties learn in concluding a contract shall not be disclosed or unfairly used, no matter the contract is established or not. The party who causes the other party to suffer from losses due to disclosing or unfairly using the business secret shall be liable for damages.
(2) those that cause property damages to the other party as a result of deliberate intent or gross fault.
Article 9 In concluding a contract, the parties shall have appropriate civil capacity of right and civil capacity of conduct.
CHAPTER 17 CONTRACTS FOR TRANSPORTATION
(2) It indicates the proposal of the offeror to be bound in case of acceptance.
Article 93 A contract may be rescinded if the parties to the contract reach a consensus through consultation.
(3) The offeree fails to make an acceptance at the time when the time limit for acceptance expires;
Article 3 The parties to a contract shall have equal legal status. No party may impose its will on the other party.
To unfairly prevent the conditions from being accomplished by one party for its own interests shall be regarded as those conditions have been accomplished. To unfairly promoting the accomplishment of such conditions by one party shall be regarded as non-accomplishment.
CHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS
SECTION 3 CONTRACTS FOR TECHNOLOGY TRANSFER
Article 60 The parties shall perform their obligations thoroughly according to the terms of the contract.
Article 50 Where a statutory representative or a responsible person of a legal person or other organization oversteps his/her power and concludes a contract, the representative act shall be effective except that the counterpart knows or ought to know that he/she is overstepping his/her powers.
Article 26 An acceptance becomes effective when its notice reaches the offeror. If an acceptance needn’t be notified, it becomes effective when an act of acceptance is performed in accordance with transaction practices or as required in the offer.
Agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. shall apply the provisions of other Laws.
Where no time limit is fixed in the offer, the acceptance shall arrive in accordance with the following provisions:
Article 40 When standard terms are under the circumstances stipulated in Article 52 and Article 53 of this Law, or the party which supplies the standard terms exempts itself from its liabilities, weights the liabilities of the other party, and excludes the rights of the other party, the terms shall be null and void.
(5) Other circumstances as stipulated by law.
Article 41 If a dispute over the understanding of the standard terms occurs, it shall be interpreted according to general understanding. Where there are two or more kinds of interpretation, an interpretation unfavourable to the party supplying the standard terms shall be preferred. Where the standard terms are inconsistent with non-standard terms, the latter shall be adopted.
(1) The rights under the contract may not be assigned according to the character of the contract;
Article 73 If the obligor is indolent in exercising its due creditor’s right, thus damaging the interests of the obligee, the obligee may request the people’s court for subrogation in its own name, except that the creditor’s right exclusively belongs to the obligor.
(1) The debt obligations have been performed in accordance with the terms of the contract;
CHAPTER 23 CONTRACTS FOR INTERMEDIATION
CHAPTER 11 CONTRACTS FOR DONATION
CHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTS