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Economic Contract Law of the People's Republic of
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:10022

 

 @@  Article 31. After an economic contract is concluded, it may
not be modified  or  rescinded due to replacement of the person who
has undertaken to conclude the contract or of the legal representative.
CHAPTER IV LIABILITY FOR BREACH OF AN ECONOMIC CONTRACTS
 @@  Article  32.  If, due to the fault of one party, an economic
contract cannot  be performed or cannot be fully performed, the party
at fault shall be  liable  for  breach of the contract; if both
parties are at fault, in accordance with the actual conditions, each
party shall be commensurately liable for breach of the contract that is
due to its fault.
 If  an  individual is directly responsible for dereliction of
duty, malfeasance  or  other  unlawful conduct that gives rise to a
major accident or  severe  losses, he shall be investigated for
economic  and  administrative  responsibility,  and  even criminal
responsibility.
 @@  Article  33. If, due to the fault of higher-level leading
authorities or of the department in charge of specialized work,
an economic contract cannot be performed or cannot be fully performed,
the higher-level leading authorities or the department in charge
of specialized work shall bear liability for breach of contract. The
breaching party shall, as provided, first  pay  the other party
breach-of-contract  damages  or  compensatory damages, and then the
higher-level leading authorities or the department in charge  of
specialized  work that should be liable shall be responsible for
dealing with the matter.
 @@ Article 34. If a party cannot perform an economic contract due to
force majeure,  it  shall  promptly  notify the other party of the
reason for its inability  of  performance or for its needs of a
deferred  performance  or partial  performance  of  the  economic
contract.  After  it has obtained a certificate from the relevant
authorities in charge, it shall be permitted to extend the time for
performance, to perform partly or not to perform, and it may, in
accordance with the circumstances, be partly or completely exempted
from liability for breach of contract.
 @@  Article  35.  If  a party breaches an economic contract, it
shall pay damages for the breach to the other party. If the breach
of contract has already caused the other party to suffer losses that
exceed the amount of the damages, the breaching party shall make
compensation for the amount exceeding  the  breach  of  contract
damages.  if  the other party demands continued performance of the
contract, the breaching party shall continue to perform.
 @@  Article  36.  An  enterprise  shall  pay breach of contract
damages and compensatory  damages  out  of  its enterprise fund,
retained  profits or portion of the surplus that it shares with
the state, and its may not record  such  payment as a cost; an
administrative unit or institution shall make such payment out of the
surplus funds from its budget.
 @@ Article 37. Breach of contract damages and compensatory damages
shall be  paid within ten days after liability is clearly established,
or else the matter  shall  be handled as an overdue payment. No
party may of its own accord  withhold  delivery  of  goods  or
withhold payment for goods as an offset.
@@ Article 38. Liability for breach of a purchase and sale contract.
(1) Liability of the supplying party:
 a.  If the type, specifications, quantity, quality or packaging
of the product does not conform to the provisions of the contract, or
if delivery is  not  make on the date prescribed in the contract, it
shall pay breach of contract damages and compensatory damages.
 b.  If  the  goods are sent to the wrong destination or receiving
unit (or individual), in addition to transporting the goods to the
destination or receiving  unit (or individual) prescribed in the
contract, it shall also be liable for paying any extra freight and
miscellaneous charges incurred as a result thereof; if the error
causes overdue delivery, it shall pay breach of contract damages for
overdue delivery.
(2) Liability of the purchasing party:
 a.  If  it cancels an order during the contract term, it shall pay
breach of contract damages and compensatory damages.
 b.  If  it  fails to make payment or take delivery on the date
prescribed in the contract, it shall pay breach of contract damages.
 c.  If  it  erroneously  writes  out  or  at the last moment
changes the destination  of  the goods, it shall be liable for
any extra expenses incurred as a result thereof.
 @@  Article 39. Liability for breach of a construction project
contract.
(1) Liability of the contractor:
 a.  If,  due to the inferior qual

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