2021年合同法英文版二

1、合同法英文版二 合同法英文版（二） Article 126 The parties to a contract involving foreign interests _y choose the law applicable to the settlement of their contract disputes, ex _pt as otherwise stipulated by law. If the parties to a contract involving foreign interests have not _de a choi _, the law of the country

2、 to which the contract is most closely connected shall be applied. The contracts for Chinese-foreign equity joint ventures, for Chinese- foreign contractual joint ventures and for Chinese-foreign cooperative exploration and development of natural resour _s to be performed within the territory of the

3、 Peoples Republic of China shall apply the laws of the Peoples Republic of China. Article 127 The departments of administration for industry and mer _ and other petent departments shall, within the scope of their respective peten _ and functions, be responsible for supervision over and dealing with

4、illegal acts in taking advantage of contracts to endanger and harm the State interests and public interests. In case that a crime is constituted, criminal responsibility shall be investigated. Article 128 The parties _y settle their disputes relevant to the contract through conciliation or mediation

5、. The parties _y, if unwilling to settle their disputes through conciliation or mediation or failing in the conciliation or mediation, apply to an arbitration institution for arbitration aording to their arbitration agreement. The parties to a contract involving foreign interests _y, aording to thei

6、r arbitration agreement, apply for arbitration to a Chinese arbitration institution or other arbitration institutions. If there is no arbitration agreement between the parties or the arbitration agreement is null and void, they _y bring a lawsuit before the peoples court. The parties shall perform t

7、he court judgments, arbitration awards or mediation documents with legal effectiveness. In case any refusal in respect to the perfor _n _, the other _ _y request the peoples court for execution. Article 129 The time limit for action before the peoples court or for arbitration before an arbitration i

8、nstitution regarding disputes relating to contracts for international sales of goods and contracts for technology import and export shall be four years, calculating from the date on which the _ knows or ought to know the infringement on its rights. The time limits for action before the peoples court

9、 or for arbitration before an arbitration institution regarding other contracts disputes shall be in aordan _ with the provisions of the relevant laws. Article 130 A sales contract is a contract whereby the seller transfers the ownership of an object to the buyer and the buyer pays the pri _ for it.

10、 Article 131 Other than those as stipulated in Article 12 of this Law, a sales contract _y also contain such clauses as package _nner, inspection standards and method, method of settlement and clearan _, language adopted in the contract and its authenticity. Article 132 An object to be sold shall be

11、 owned by the seller or of that the seller is entitled to dispose. Where the transfer of an object is prohibited or restricted by the laws and administrative regulations, the provisions thereof shall be followed. Article 133 The ownership of an object shall be transferred upon the delivery of the ob

12、ject, ex _pt as otherwise stipulated by law or agreed upon by the parties. Article 134 The parties to a sales contract _y agree that the own- ership shall belong to the seller if the buyer fails to pay the pri _ or perform other obligations. Article 135 The seller shall perform the obligation to del

13、iver to the buyer the object or the documents to take delivery of the object, and to transfer the ownership of the object. Article 136 The seller shall, aording to the terms of the contract or transaction practi _s, deliver to the buyer relevant documents and _terials other than the documents to tak

14、e delivery of the object. Article 137 When an object such as puter software with in _ectual property rights is sold, the in _ectual property rights of such object shall not belong to the buyer ex _pt as otherwise stipulated by law or agreed upon by the parties. Article 138 The seller shall deliver t

15、he object aording to the agreed time limit. If a time limit of delivery is agreed upon, the seller _y deliver at any time within the said time limit. Article 139 Where there is no agreement in the contract between the parties as to the time limit to deliver the object or such agreement is unclear, t

16、he provisions of Article 61 and Sub-Paragraph (4), Article 62 of this Law shall be applied. Article 140 If an object has been possessed by the buyer before the contract is concluded, the delivery time shall be the time when the contract goes into effect. Article 141 The seller shall deliver the obje

17、ct aording to the agreed pla _. Where there is no agreement in the contract between the parties as to the pla _ to deliver the object or such agreement is unclear, nor can it be determined aording to the provisions of Article 61 of this Law, the following provisions shall be applied: (1) In case the

18、 object needs carriage, the seller shall deliver the object to the first carrier so as to hand it over to the buyer; or (2) In case the object does not need carriage, and the seller and buyer know the pla _ of the object when concluding the contract, the seller shall deliver the object at such pla _

19、; if the pla _ is unknown, the object shall be delivered at the business pla _ of the seller when concluding the contract. Article 142 The risk of da _ge to or missing of an object shall be borne by the seller before the delivery of the object and by the buyer after the delivery, ex _pt as otherwise

20、 stipulated by law or agreed upon by the parties. Article 143 Where the object cannot be delivered aording to the agreed time limit due to causes of the buyer, the buyer shall bear the risk of da _ge to or missing of the object as of the agreed date of delivery. Article 144 Where the seller sells an

21、 object delivered to a carrier for carriage and en route of carriage, the risk of da _ge to or missing of the object shall be borne by the buyer as of the time of establishment of the contract, ex _pt as otherwise agreed upon by the parties. Article 145 Where there is no agreement in the contract be

22、tween the parties as to the pla _ of delivery or such agreement is unclear, and the object needs carriage aording to the provisions of Sub-paragraph (1), Paragraph 2, Article 141 of this Law, the risk of da _ge to or missing of the object shall be borne by the buyer after the seller has delivered th

23、e object to the first carrier. Article 146 Where the seller has put an object at the pla _ of delivery aording to the provisions of Sub-paragraph (2), Paragraph 2, Article 141 of this Law, while the buyer fails to take delivery of the object by violating the terms of the contract, the risk of da _ge

24、 to or missing of the object shall be borne by the buyer as of the date of breach. Article 147 The buyers failure in delivering the documents and _terials relating to the object aording to the terms of the contract _y not affect the risk transfer of the da _ge to or missing of the object. Article 14

25、8 Where it is not able to realize the purpose of a contract because the quality of the object has not satisfied the quality requirements, the buyer _y refuse to aept the object or _y rescind the contract. Where the buyer refuses to aept the object or rescinds the contract, the seller shall bear the

26、risk of da _ge to or missing of the object. Article 149 In case that the buyer bears the risk of da _ge to or missing of the object, the buyers right _y not be affected to claim the assumption by the seller of the liabilities for breach of contract because of the sellers perfor _n _ failing to conform with the terms of the contract. Article 150 The seller