中级人民法院或者仲裁机构确认。
The voidness of an economic contract shall be confirmed by the people's courts or the arbitration agencies.
第八条 购销、建设工程承包、加工承揽、货物运输、供用电、仓储保管、财产租赁、借款、财产保险以及其他经济合同,除法律另有规定的以外,均适用本法的规定。
Article 8 The provisions of this Law shall, except as otherwise provided in the laws, apply to all contracts for purchase and sale, construction projects, processing transportation of goods, supply and use of electricity, warehousing, lease of property, loans and property insurance and other economic contracts.
第二章 经济合同的订立和履行
Chapter Ⅱ The Conclusion and Performanceof Economic Contracts
第九条 当事人双方依法就经济合同的主要条款经过协商一致,经济合同就成立。
Article 9 An economic contract is established once both parties have, in accordance with the law, reached agreement through consultation on the principal clauses of the contract.
第十条 代订经济合同,必须事先取得委托人的委托证明,并根据授权范围以委托人的名义签订,才对委托人直接产生权利和义务。
Article 10 hen an economic contract is to be concluded through an agent, the agent must first obtain a proxy in writing from the principal and sign the contract in the name of the principal within the scope of his power of agency, before the contract directly gives rise to rights and obligations on the part of the principal.
第十一条 国家根据需要向企业下达指定性计划,有关企业之间应当依照有关法律、行政法规规定的企业的权利和义务签订合同。
Article 11 In case the State issues a mandatory plan to enterprises according to needs, relevant enterprises shall conclude contracts between them in accordance with their rights and duties as stipulated by laws and administrative rules and regulations.
第十二条 经济合同应具备以下主要条款:
Article 12 An economic contract shall contain the following principal clauses:
一、标的(指货物、劳务、工程项目等);
(1) the object ( referring to goods, labour services, construction projects, ect. ) ;
二、数量和质量;
(2) the quantity and quality;
三、价款或者酬金;
(3) the price or remuneration;
四、履行的期限、地点和方式;
(4) the time limit, place and method of performance; and
五、违约责任。
(5) the liability for breach of contract.
根据法律规定的或按经济合同性质必须具备的条款,以及当事人一方要求必须规定的条款,也是经济合同的主要条款。
An economic contract shall also include as its principal clauses those whose inclusion is stipulated by law or by virtue of the nature of the economic contract, or whose inclusion is considered as indispensable by either party to the contract.
第十三条 经济合同用货币履行义务时,除法律或者行政法规另有规定的以外,必须用人民币计算和支付。
Article 13 Where the obligations under an economic contract are to be fulfilled in monetary terms, except as otherwise provided by laws or administrative rules and regulations, Renminbi must be used for computation and payment.
除国家允许使用现金履行义务的以外,必须通过银行转帐或者票据结算。
Except for cases in which the State permits the use of cash to fulfil obligations, settlements must be made by means of transfer of bank accounts or bills.
第十四条 当事人一方可向对方给付定金。
Article 14 One party may pay a deposit to the other party.
After the economic contract is performed, the deposit shall be returned or set off against the price.
经济合同履行后,定金应当收回,或者抵作价款。
Article 14 One party may pay a deposit to the other party.
After the economic contract is performed, the deposit shall be returned or set off against the price.
给付定金的一方不履行合同的,无权请求返还定金。
If the party that pays the deposit fails to perform the contract, it shall have no right to reclaim the deposit.
If the party that receives the deposit fails to perform the contract, it shall return twice the amount of the deposit.
接受定金的一方不履行合同的。
If the party that pays the deposit fails to perform the contract, it shall have no right to reclaim the deposit.
If the party that receives the deposit fails to perform the contract, it shall return twice the amount of the deposit.
应当双倍返还定金。
If the party that pays the deposit fails to perform the contract, it shall have no right to reclaim the deposit.
If the party that receives the deposit fails to perform the contract, it shall return twice the amount of the deposit.
第十五条 经济合同当事人一方要求保证的,可由保证人担保。被保证的当事人不履行合同的,按照担保约定由保证人履行或者承担连带责任.
Article 15 If one party to an economic contract requests a guaranty, such guaranty may be provided by a guarantor.
Where the guaranteed party fails to perform the contract, the guarantor shall perform or be held with joint obligation in accordance with the agreement on the guaranty.
第十六条 经济合同被确认无效后。
Article 16 After an economic contract has been confirmed to be void, the parties shall return to each other any property that they have acquired pursuant to the contract.
If one party is at fault, it shall compensate the other party for losses incurred as a result thereof.
If both parties are at fault, each party shall be commensurately liable.
当事人依据该所取得的财产,应返还给对方。
Article 16 After an economic contract has been confirmed to be void, the parties shall return to each other any property that they have acquired pursuant to the contract.
If one party is at fault, it shall compensate the other party for losses incurred as a result thereof.
If both parties are at fault, each party shall be commensurately liable.
有过错的一方应赔偿对方因此所受的损失;如果双方都有过错。
Article 16 After an economic contract has been confirmed to be void, the parties shall return to each other any property that they have acquired pursuant to the contract.
If one party is at fault, it shall compensate the other party for losses incurred as a result thereof.
If both parties are at fault, each party shall be commensurately liable.