法律适用法司法解释一英文

1、最高人民法院关于适用 中华人民共和国合同法若干问题的解释(一)Supreme Peoples Court, Several Issues Concerning Applicati on of thePRC, Con tract Law In terpretation (1)查看更多：法律英语法释199919号 (Promulgated by the Supreme Peoples Court on 19 December 1999, and effective as of 29 December 1999.)颁布日期：19991219 实施日期：19991229颁布单位：最高人民法院Pursu

2、a nt to the PRC, Con tract Law (the Con tract Law), the followi ng in terpretati onon issues releva nt to the applicati onof the Con tract Lawby peoples courts are made in order to correctly try con tract disputecases:1. Applicable Scope of the LawArticle 1 If a dispute aris ing from a con tract for

3、med after the impleme ntati on of the Con tract Law is brought before the peoples court, the provisi ons of the Con tract Law shall be applied. If a dispute aris ing from a con tract formed before the impleme ntati on of the Con tract Law is brought before the peoples court, the laws and regulations

4、 prevailing at the time shall be applied, uni ess otherwise stipulatedhere in. If therewere no laws and regulations at the time governing the issue(s) in dispute, the releva nt provisi ons of the Con tract Law may be applied.Article 2 The releva nt provisi ons of Part Four of the Con tract Law shall

5、 be applied to disputes aris ing from the performa nee of a con tract which was formed before the impleme ntati on of the Con tract Law but whose time limit for performa nee stipulated in the con tract straddles the impleme ntati on date of the Con tract Law or whose time limit for performa nee fall

6、s after the impleme ntati on of the Con tract Law.Article 3 When con firm ing the validity of a con tract formed before the impleme ntati on of the Con tract Law, the peoples court shall apply the Con tract Law if the con tract would be con sidered inv alid if the law prevailing at the time is appli

7、ed, but would be considered valid if the Con tract Law is applied.Article 4 After the impleme ntatio n of the Con tract Law, peoples courts shall base themselves on laws formulated by the National peoples Congress and its Standing Committee and/or administrativeregulations ofthe State Coun cil whe n

8、 confirming the in validity of a con tract, and not on local regulati ons or adm ini strative rules and regulati ons.Article 5 When retry ing a case in which a final ruli ng was ren dered before the impleme ntati on of the Con tract Law, the peoples court shall not apply the Con tract Law.2. Statute

9、 of Limitati ons on Acti onsArticle 6 The peoples court shall not protect the rights of a party to a tech no logy con tract dispute, if the fact of the infrin geme nt upon the partys rights occurred before the impleme ntati on of the Con tract Law and more than one year has elapsed between the time

10、the party knew or ought to have known that their rights were infrin ged and the date of impleme ntati on of the Con tract Law. If the time elapsed does not exceed one year, the statute of limitations for the institutionof an action shallbe two years.Article 7 The peoples court shall not protect the

11、rights of a party to a tech no logy import or export con tract dispute, if the fact of the infrin geme nt upon the partys rights occurred before the impleme ntati on of the Con tract Law and more tha n two years have elapsed betwee n the time the party knew or ought to have known that their rights w

12、ere infrin ged and the date of impleme ntati on of the Con tract Law. If the time elapsed does not exceed two years, the statute of limitations for the institution of an acti on shall be four years.Article 8 The period of one year stipulated in Article 55 and the period of five years stipulated in A

13、rticle 75 and the second paragraph of Article 104 of the Con tract Law are immutable periods of time not gover ned by the provisi ons on the tolli ng, in terrupti on or exte nsion of the statute of limitati ons.3. Validity of Con tractsArticle 9 In accorda nee with the sec ond paragraph of Article 4

14、4 of the Con tract Law, if laws or admi nistrative regulati ons provide that a con tract becomes effective only after the approval procedures or the procedure s for approval and registration etc. are carried out, the peoples court shall determ ine a con tract to have not become effective if the part

15、ies concerned have failed to carry out the approval procedures or the procedures for approval, registrati on, etc. before the con clusi on of argumentation in the court of first instanee. If laws or administrative regulati ons provide that procedures for the registrati on of a con tract shall be car

16、ried out but do not provide that the con tract shall become effective after registratio n, the failure of the parties to carry out registratio n procedures shall not affect the validity of the con tract, but ownership of and other rights in rem over the subject matter of the con tract may not be ass

17、ig ned.Such circumsta nces as the ame ndme nt, assig nment or term in atio n of a con tract enu merated in the sec ond paragraph of Article 77, Article87 andthe sec ond paragraph of Article 96 of the Con tract Law shall be han dled on the basis of the provisi ons of the preced ing paragraph.Article

18、10 The peoples court shall not declare a con tract in valid because a party exceeded its scope of bus in ess in con clud ing it, uni ess such party violated State regulati ons which subject the bus in ess soen gaged in to restrict ionsor to the grant of fran chises,or the provisi onsof laws or adm i

19、ni strative regulati ons which prohibit such bus in ess.4. Right of Subrogati onArticle 11 For an obligee to institute a subrogation action in accorda nee with Article 73 of the Con tract Law, the follow ingcon diti onsshall be met:1. the obligees claim aga inst the obligor is lawful;2. the obligors

20、 negligence in exercising their own matured claim causes injury to the obligee;3. the obligors own claim has matured; and4. the obligors claim is not personal to the obligor.Article 12 The phrase such claim is personal to the obligor men ti oned in the firstparagraph of Article 73 of the Con tract L

21、aw meansthat such claim is a claim for payme nt aris ing from a maintenance relati on ship betwee n spouses, a pare nts maintenance relati on ship towards their childre n,a childs maintenance relati on shiptowards theirpare nts or a successi on relati on ship,or a claim for labour rem un eratio n,re

22、tirement pension, old age pension, survivors pension, relocation expe nses, life in sura nce indemn ificati on, pers onal injury indemnification, etc.Article 13 The phrase If the obligor neglects to exercise their own matured claim, thereby causing injury to the obligee mentioned in Article 73 of th

23、e Con tract Law refers to the failure of the obligor both to perform their matured obligati on toward the obligee and to in stitute court or arbitralproceedings against their ownobligor to assert their ownmaturedclaim involvinga monetary payment, thereby causing the obligees maturedclaim to be in ca

24、pable of realizati on.If the sec on dary obligor (i.e. the obligor of the obligor) holds that the obligor was not negligent in exercising their matured claim, the burde n of proof is on him.Article 14 If the obligee in stitutes a subrogati on actio n in accorda nce with Article 73 of the Con tract L

25、aw, the compete nt court shall be the peoples court of the place where the defe ndant is domiciled.Article 15 If the obligee sues the obligor before a peoples court and subseque ntly in stitutes a subrogatio n acti on aga inst the sec on dary obligor in the same peoples court, such sec ond acti on s

26、hall be placed on the docket and accepted if the provisions of Article13 hereof and therequirements for the institutionof actions stipulatedin Article 108 ofthe PRC, Civil Procedure Law are complied with. If the second action does not comply with Article 13 hereof, the obligee shall be in formed tha

27、t they should institute a separate action in the peoples court of the place where the sec on dary obligor is domiciled.The peoples court which accepted a subrogatio n action shall suspe nd the proceed ings in the said acti on in accorda nee with Item (e) of Article 136 of the PRC, Civil Procedure La

28、w until the ruling in the action brought by the obligee against the obligor has becomelegally effective.Article 16 If the obligee institutes a subrogation action in a peoples court with the sec on dary obligor as defe ndant, but does not n ame the obligor as a third party, the peoples court may join

29、 the obligor as a third party.If two or moreobligees institutesubrogation actions against the samesec on dary obligor, the peoples court may con solidate the actions into one trial.Article 17 If the obligee petitions a peoples court to issue an order for preservati on aga inst the sec on dary obligo

30、rs property duri ng a subrogation action, they shall provide appropriate security in the form of property.Article 18 During a subrogati on acti on, the sec on dary obligor may raise against the obligee the defences available to them against the obligor.If the obligor raises an objection to the claim

31、 of the obligee during a subrogati on action, and the object ion is susta ined after in vestigati on, the peoples court shall rule to dismiss the obligees action.Article 19 If the obligee in a subrogation action prevails, the court costs shall be borne by the sec on dary obligor and be paid on a pri

32、ority basis from the realized claim.Article 20 If, having tried a subrogation action brought against the sec on dary obligor by the obligee, the peoples court determ ines that the obligee does have a right of subrogatio n, the sec on dary obligor shall perform the obligati on of payme nt towards the

33、 obligee, and the corresp onding claim-debt relati on ships betwee n the obligee and the obligor and betwee n the obligor and the sec on dary obligor shall be exti nguished a s at that time.Article 21 If in a subrogati on acti on the amount of the obligees subrogated claim exceeds the amount of the

34、debt owed by the obligor or the amount of the debt owed by the sec on dary obligor to the obligor, the peoples court shall not support the part in excess.Article 22 If in a subrogatio n action the obligor in stitutes an action aga inst the sec on daryobligor for the part of the claim in excessof the

35、 amount of the obligees subrogated claim, the peoples court shall inform the obligor that they should institute a separate action in the compete nt peoples court.If the action in stituted by the obligor complies with the legal requireme nts, the peoples court shall accept it. The peoples court accep

36、ting the obligors suit shall suspend the proceedings in the action in accordanee with the law until the ruling in the subrogation action has become legally effective.5. Right of AnnulmentArticle 23 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law, t

37、he compete nt court shall be the peoples court of the place where the defe ndant is domiciled.Article 24 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law and only n amesthe obligor as defendant, without naming the beneficiary or the assignee as a th

38、ird party, the peoples court may join the ben eficiary or the assig nee as a third party.Article 25 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law and petitio ns the peoples court to annul the obligors act of waiving their claim or assigning their

39、 property, the peoples court shall con duct a trial in respect of the part for which the obligee asserts their right of annulmen t. If the act is ann ulled in accorda nee with the law, it shall be void ab in itio.If two or more obligees institute an annulment action against the same obligor in respe

40、ct of the same subject matter, the peoples court may consolidate the actions into one trial.Article 26 Such n ecessary expe nses as attor ney fees, travel expe nses, etc. in curred by the obligee in exercis ing their right of annulment shall be borne by the obligor. If a third party is at fault, the

41、y shall bear an appropriate share of such expe nses.6. The Third Party in a Con tract Assig nmentArticle 27 If the obligee assigns their eontractual rights to a third party and a subseque nt dispute betwee n the obligor and the assig nee concerning performa nee of the eon tract is brought before the peoples court, and the obligor raises a defenee against the