BIZCHINA / Company laws
Contract Law of the People's Republic of China
Updated: 2006-04-17 10:00
Article 28 Where an offeree makes an acceptance beyond the time limit for
acceptance, the acceptance shall be a new offer except that the offeror
informs the offeree of the effectiveness of the said acceptance promptly.
Article 29 If the offeree dispatches the acceptance within the time limit
for acceptance which can reach the offeror in due time under normal
circumstances, but the acceptance reaches the offeror beyond the time
limit because of other reasons, the acceptance shall be effective, except
that, the offeror informs the offeree promptly that it does not accept
the acceptance because it exceeds the time limit for acceptance.
Article 30 The contents of an acceptance shall comply with those of the
offer. If the offeree substantially modifies the contents of the offer,
it shall constitute a new offer. The modification relating to the
contract object, quality, quantity, price or remuneration, time or place
or method of performance, liabilities for breach of contract and the
settlement of disputes, etc., shall constitute the substantial
modification of an offer.
Article 31 If the acceptance does not substantially modifies the contents
of the offer, it shall be effective, and the contents of the contract
shall be subject to those of the acceptance, except as rejected promptly
by the offeror or indicted in the offer that an acceptance may not modify
the offer at all.
Article 32 Where the parties conclude a contract in written form, the
contract is established when both parties sign or affix a seal on it.
Article 33 Where the parties conclude the contract in the form of a
letter or data-telex, etc., one party may request to sign a letter of
confirmation before the conclusion of the contract. The contract shall be
established at the time when the letter of confirmation is signed.
Article 34 The place of effectiveness of an acceptance shall be the place
of the establishment of the contract.
If the contract is concluded in the form of data-telex, the main business
place of the recipient shall be the place of establishment.
If no main business place, its habitual residence shall be considered to
be the place of establishment. Where the parties agree otherwise, the
place of establishment shall be subject to that agreement.
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