2021年《合同法》司法解释中英文对照

《合同法》司法解释中英文对照Interpretations The Supreme People's Court of Certain Issues con ___rning The Application of The Contract Law of The People's Republic of China(Part One)De ___mber 29, 1999Interpretations The Supreme People's Court ofThe Contract Law of The People's Republic of China(Part One) FaShi [1999] No.19"The Supreme People''s Court''s Interpretations of Certain Issues Con ___rning the Application of the Contract Law of the People''s Republic of China(part One)" is adopted at the 1090th Session of the Adjudication Committee of the Supreme People''s Court on De ___mber 1, and is promulgated now, this law will be effective as of De___mber 29,1999. Pursuant to The Contract Law of the People''s Republic of China (hereinafter the "Contract Law"), and with a view to facilitating the proper adjudication of contractual disputes, we hereby promulgatethe following interpretations of ___rtain issues con___rning the application of the Contract Law by People''s Courts:I. Scope of Application of the LawArticle 1 Where a suit is brought to a People''s 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 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People''s Court in respect of a dispute con ___rning 合同法的有关规定。

a contract formed before the 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 formed 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 determining the validity of a contractformed 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 theContract Law leads to affir ___tion of its validity, the People''s Court shall apply the Contract Law.Article 4 After the Contract Law became operative, a People''s Court ___y only invalidate a contract in aordan ___ with laws adopted by the National People''s Congress or its Standing Committee, or administrative regulations adopted by the State Council, and ___y not invalidate a contract in aordan ___ with any local statutes or administrative rules.Article 5 Where a People''s 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 ActionArticle 6 In a dispute arising out 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 Law, the People''s 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 technologyimport/export 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 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 People''s Court will no longer enfor ___ such right; where the lapse was less than two years, the time limit during which the ___ ___y bring a suit shall be four years.Article 8 The time period of "one year" set out inArticle 55, and the time period of "five years" set out inArticle 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and are not subject to the rules governing the suspension, termination or extension of time limit for action. III. Validity of ContractsArticle 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 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 People''s 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，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。