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    Contract Law of the People's Republic of China

Contract Law of the People's Republic of China:(General Provisions)Chapter VI Termination of Rights and Obligations under the Contract

2013-10-24 10:27:15 Release Author: Read Flow:3774次
 Article 91 The rights and obligations under a contract shall terminate in any of the following situations:

(1) liabilities have all been met as contracted;

(2) the contract is dissolved;

(3) liabilities are offset against each other;

(4) the debtor has deposited the targeted matter according to law;

(5) the creditor grants exemption from liabilities;

(6) both creditor's rights and liabilities are undertaken by one same person; or

(7) other situations as provided for by law or stipulated by the parties.

Article 92 After the termination of rights and obligations under a contract, the parties shall perform the duties of notification, assistance and confidentiality in light of the principle of good faith and in accordance with trade practices.

Article 93 The parties may dissolve the contract upon consensus through consultation.

The parties may stipulate the conditions for dissolution of the contract by either party. When the conditions for dissolution of the contract mature, the party with the right to dissolve may dissolve the contract.

Article 94 The parties may dissolve the contract under any of the following circumstances:

(1) the aim of the contract cannot be attained because of force majeure;

(2) before the period of performance expires, either party clearly indicates by word or by act that it will not discharge the principal debts;

(3) either party delays the discharge of the principal debts and still fails to discharge them within a reasonable period of time after being urged;

(4) either party delays the discharge of debts or is engaged in other illegal activities and thus makes realization of the aim of the contract impossible; or

(5) any other circumstances as provided for by law.

Article 95 If a time limit for exercising the right to dissolve the contract is provided for by laws or by agreement of the parties, and the party concerned does not exercise such right at the expiration of the time limit, such right shall vanish.

If no time limit for exercising the right to dissolve is provided for by laws or by agreement of the parties, but the party concerned does not exercise such right within a reasonable period of time after being urged by the other party, such right shall vanish.

Article 96 When a party advocates the dissolution of the contract in accordance with the provisions of Paragraph 2 of Article 93 and Article 94 of this Law, the party shall notify the other party. The contract shall be dissolved when the notice reaches the other party. If the other party has objection, it may apply to a people's court or an arbitration institution to determine the validity of the dissolution of the contract.

Where provisions of laws and administrative regulations require the dissolution of a contract to go through approval and registration procedures, such provisions shall govern.

Article 97 After the dissolution of a contract, for those clauses not yet performed, the performance shall cease. For those already performed, the party concerned may, in accordance with the situation of performance and the nature of the contract, demand their restoration to the original status or take other remedial measures, and have the right to claim compensation.

Article 98 The termination of rights and obligations under a contract shall not affect the validity of its clauses regarding settlement and liquidation.

Article 99 If the parties mutually owe matured liabilities, and if the varieties and quality of targeted matters of the liabilities are the same, either party may offset its liabilities against those of the other party, except for the liabilities that cannot be offset according to the provisions of laws or according to the nature of the contract.

The party that advocates an offset shall notify the other party. The notice shall become effective when it reaches the other party. No conditions or time limit may be attached to the offset.

Article 100 If the parties mutually owe liabilities and the targeted matters are different in variety and quality, they may also be offset against each other upon consensus through consultation by the parties.

Article 101 The debtor may deposit its targeted matter if it has difficulty to discharge its debts owing to any of the following situations:

(1) the creditor refuses to accept the discharge without justifiable reason;

(2) the whereabouts of the creditor is unknown;

(3) the creditor dies without determining an heir or has lost capacity of civil conduct without determining a guardian; or

(4) other situations as provided for by law.

If the targeted matter is unsuitable for deposit or the deposit is too expensive, the debtor may auction or sell it and deposit the proceeds according to law.

Article 102 After the targeted matter is deposited, the debtor shall promptly notify the creditor or his heir or guardian thereof, unless the whereabouts of the creditor is unknown.

Article 103 The risk of damage and loss of the targeted matter after deposit shall be borne by the creditor. Accrued interest from the targeted matter during the period of deposit shall belong to the creditor. The expenses for depositing the targeted matter shall be borne by the creditor.

Article 104 The creditor may collect the deposited targeted matter at any time. However, if the creditor owes the debtor matured liabilities, the depositary agency shall, at the debtor's request, disallow the creditor to collect the targeted matter before meeting its own liabilities or providing a guarantee.

The right of a creditor to collect the targeted matter shall vanish if the right is not exercised within five years from the date of deposit and the targeted matter deposited shall belong to the State after deduction of the deposit expenses.

Article 105 If the creditor exempts the debtor from its liabilities in whole or in part, the rights and obligations under the contract shall terminate in whole or in part.

Article 106 If both creditor's rights and obligations are undertaken by one same person, the rights and obligations under the contract shall terminate, except for those involving the interests of a third party.

 

 

 


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