Saturday, December 15, 2007

Chinese School - Contract Law of the People's Republic of China

BIZCHINA / Company laws

Contract Law of the People's Republic of China

Updated: 2006-04-17 10:00

Article 47 A contract concluded by a person with limited civil capacity
of conduct shall be effective after being ratified afterwards by the
person's statutory agent, but a pure profit-making contract or a contract
concluded which is appropriate to the person's age, intelligence or
mental health conditions need not be ratified by the person's statutory
agent.

The counterpart may urge the statutory agent to ratify the contract
within one month. It shall be regarded as a refusal of ratification that
the statutory agent does not make any expression. A bona fide counterpart
has the right withdraw it before the contract is ratified. The withdrawal
shall be made by means of notice.

Article 48 A contract concluded by an actor who has no power of agency,
who oversteps the power of agency, or whose power of agency has expired
and yet concludes it on behalf of the principal, shall have no legally
binding force on the principal without ratification by the principal, and
the actor shall be held liable.

The counterpart may urge the principal to ratify it within one month. It
shall be regarded as a refusal of ratification that the principal does
not make any expression. A bona fide counterpart has the right withdraw
it before the contract is ratified. The withdrawal shall be made by means
of notice.

Article 49 If an actor has no power of agency, oversteps the power of
agency, or the power of agency has expired and yet concludes a contract
in the principal's name, and the counterpart has reasons to trust that
the actor has the power of agency, the act of agency shall be effective.

Article 50 Where a statutory representative or a responsible person of a
legal person or other organization oversteps his/her power and concludes
a contract, the representative act shall be effective except that the
counterpart knows or ought to know that he/she is overstepping his/her
powers.

Article 51 Where a person having no right to disposal of property
disposes of other persons' properties, and the principal ratifies the act
afterwards or the person without power of disposal has obtained the power
after concluding a contract, the contract shall be valid.

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