2021年《合同法》司法解释中英文对照

1、合同法司法解释中英文对照 Interpretations The Supreme Peoples Court of Certain Issues con _rning The Application of The Contract Law of The Peoples Republic of China(Part One) De _mber 29, 1999 Interpretations The Supreme Peoples Court of The Contract Law of The Peoples Republic of China(Part One) FaShi 1999 No.

2、19 The Supreme Peoples Courts Interpretations of Certain Issues Con _rning the Application of the Contract Law of the Peoples Republic of China(part One) is adopted at the 1090th Session of the Adjudication Committee of the Supreme Peoples Court on De _mber 1, and is promulgated now, this law will b

3、e effective as of De _mber 29,1999. Pursuant to The Contract Law of the Peoples Republic of China (hereinafter the Contract Law), and with a view to facilitating the proper adjudication of contractual disputes, we hereby promulgate the following interpretations of _rtain issues con _rning the applic

4、ation of the Contract Law by Peoples Courts: I. Scope of Application of the Law Article 1 Where a suit is brought to a Peoples Court in respect of a dispute arising out of a contract formed after the operative date of the Contract Law, the provisions of the Contract Law shall apply; where a suit is

5、brought to a 法释（1999）19号 （1999年12月1日最高人民 _审判委员会第1090次会议通过）为了正确审理合同 _件，根据 _合同法（以下简称合同法）的规定，对人民 _适用合同法的有关问题作出如下解释： 第一条 合同法实施以后成立的合同发生纠纷起诉到人民 _的，适用合同法的规定；合同法实施以前成立的合同发生纠纷起诉到人民 _的，除本解释另有规定的以外，适用当时的法律规定，当时没有法律规定的，可以适用 Peoples Court in respect of a dispute con _rning 合同法的有关规定。 a contract formed before the

6、 operative date of the Contract Law, ex _pt otherwise provided herein, the provisions of the law in effect at the time shall apply, provided that if the law in effect at the time did not provide for such _tter, the relevant provision of the Contract Law _y apply. Article 2 Where a contract was forme

7、d before the operative date of the Contract Law, but the prescribed time limit for perfor _n _ extends beyond, or men _s after, the operative date of the Contract Law, if a dispute arises out of its perfor _n _, the relevant provisions of Chapter Four of the Contract Law shall apply. Article 3 In de

8、termining the validity of a contract formed before the operative date of the Contract 实施以前成立的合同，适用当时的法律合同无Law, if application of the law in effect at the 效而适用合同法合同有效的，则适用合同法。 time leads to its invalidation, but application of the Contract Law leads to affir _tion of its validity, the Peoples Court s

9、hall apply the Contract Law. Article 4 After the Contract Law became operative, a Peoples Court _y only invalidate a contract in aordan _ with laws adopted by the National Peoples Congress or its Standing Committee, or administrative regulations adopted by the State Council, and _y not invalidate a

10、contract in aordan _ with any local statutes or administrative rules. Article 5 Where a Peoples Court re-adjudicates 第五条 人民 _对合同法实施以前已经作出a case on which a final judgment has been 终审裁决的案件进行再审，不适用合同法。 rendered, the Contract Law does not apply. II. Time Limit for Action Article 6 In a dispute arising o

11、ut of a technology contract, where infringement of the right of a _ ourred before the operative date of the Contract Law, if there was a lapse of more than one year between the date on which the _ 二、诉讼时效 knew or should have known that its right was 年。 infringed and the operative date of the Contract

12、 Law, the Peoples Court will no longer enfor _ such right; where the lapse was less than one year, the time limit during which the _ _y bring a suit shall be two years. Article 7 In a dispute arising out of a technology import/export contract, where infringement of the right of a _ ourred before the

13、 operative date of the Contract Law, if there was a lapse of more than two years between the date on which the _ knew or should have known that its right was infringed and the operative date of the Contract Law, the Peoples Court will no longer enfor _ such right; where the lapse was less than two y

14、ears, the time limit during which the _ _y bring a suit shall be four years. Article 8 The time period of one year set out in Article 55, and the time period of five years set out in Article 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and are not subject to the rules governing t

15、he suspension, termination or extension of time limit for action. III. Validity of Contracts Article 9 Where as set forth in Paragraph 2 of Article 44 of the Contract Law, the relevant law or administration regulation provides that the effectiveness of a _rtain contract is subject to pletion of the

16、relevant approval pro _dure, or the relevant approval and registration pro _dures, if before pletion of court debate by the parties in the trial of first instan _, the parties still fail to carry out the relevant approval pro _dure, or approval and registration pro _dures, as the case _y be, the Peo

17、ples Court shall rule that the contract has not yet taken effect; if the relevant law or administration regulation requires that a _rtain contract be registered without subjecting its effectiveness to such registration, then failure to effect 第九条 依照合同法第四十四条第二款的规定，法律、行政法规规定合同应当 _批准手续，或者 _批准、登记等手续才生效，

18、在一审法庭辩论终结前当事人仍未 _批准手续的，或者仍未 _批准、登记等手续的，人民 _应当认定该合同未生效；法律、行政法规规定合同应当 _登记手续，但未规定登记后生效的，当事人未 _登记手续不影响合同的效力，合同标的物所有权及其他物权不能转移）合同法第七十七条第二款、第八十七条、第九十六条第二款所列合同变更、转让、解除等情形，依照前款规定处理。 registration shall not impair the effectiveness of the contract, provided that such failure constitutes an impediment to the c

19、onveyan _ of title to, or such other real right in, the subject _tter of the contract.In the case of amendment, assig _ent or termination of a contract as set forth in Paragraph 2 of Article 77, Article 87, and Paragraph 2 of Article 96 of the Contract Law, the provisions of the previous Paragraph a

20、pply. Article 10 Where the parties entered into a contract the subject _tter of which was outside their scope of business, the Peoples Court shall not invalidate the contract on such ground, ex _pt where conclusion of the contract was in violation of state restriction con _rning, or li _nsing requir

21、ement for, a particular business sector, or in violation of any law or administrative regulation prohibiting the parties from participation in a particular business sector. IV. Subrogation Article 11 Where an obligee is to bring a suit of 第十一条 债权人依照合同法第七十三条的规subrogation pursuant to Article 73 of the

22、 定提起代位权诉讼，应当符合下列条件： Contract Law, the following conditions shall be met: (1) The obligees creditors right against the（一）债权人对债务人的债权合法； obligor is lawful; (2) The obligors delay in exercising the（二）债务人怠于行使其到期债权，对债creditors right due to it has caused harm to the 权人造成损害； obligee; (3) The creditors right

23、 of the obligor is due; （三）债务人的债权已到期； (4) The creditors right of the obligor is not（四）债务人的债权不是专属于债务人自exclusively personal to it. 身的债权。 Article 12 As referred to in Paragraph 1 of Article 73, a creditors right exclusively personal to the obligor means a claim for alimony, child support, parental supp

24、ort or suession, or, a claim for wage, retirement pension, old age pension, death benefits, relocation allowan _ or 利。 life insuran _, or, a personal injury claim. Article 13 The article Where the obligor delayed in exercising its creditors right against a third person that was due, thereby harming

25、the obligee in Article 73 of the Contract Law refers to the following circumstan _: The obligor fails to render perfor _n _ which is due to the obligee, and further, it has failed to enfor _ a creditors right which is due to it and which involves the payment of money against an obligor either throug

26、h a suit in court or through arbitration, thereby frustrating the obligees realization of the creditors right due to it.Where the secondary obligor (i.e. the obligor of the original obligor) denies that the obligor has delayed in exercising its creditors right due to it, the secondary obligor bears the burden of proof. Article 14 Where an obligee brings a suit of 第十四条 债权人依照合同法第七十三条的规subrogation pursuant to Article 73 of the 定提起代位权诉讼的，由被告住所地人民 _Contract Law, jurisdiction shall vest in the 管辖。 Peoples Court in the pla _ whe