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Response of the Supreme Peoples Court to Certain Questions Concerning the Application of the Foreign Economic Contract Law
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来源：中国法律法规大全 点击数： 更新时间：2005-9-19 20:33:13 |
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order to give
the other party to the contract a mistaken impression at the time of the
signing of the contract, or employs coercive means which cause economic
losses or other harm to another party so as to force the other party to
sign the contract, or, by taking advantage of another's precarious
position, forces it to go against its will and sign a contract
containing unjust provisions.
(viii) Two parties collaborate with ill intent to sign a contract which
harms the interests of the State, collective or a third party or use the
legal format of signing a contract to conceal an illegal goal.
(ix) The content of a contract violates the fundamental principles of
Chinese law or the public interests of Chinese society.
4. The Question of Revoking Foreign Economic Contracts:
A party to a contract shall have the right to request the People's Court
to revoke a contract in the following circumstances:
(1) There is significant misunderstanding over the content of a
contract
which has been signed.
(2) The contract has clearly lost its impartiality.
A foreign economic contract which is revoked shall hold no legal binding
force from the date of its signing.
5. The Question of Dealing with Foreign Economic Contracts after
Confirmation of Invalidation or Revocation:
(1) If part of a contract is invalid, but it does not affect the
validity of the remainder of the contract, the rest of the contract
shall remain in effect. If the parties to a contract decide through
consultation to dissolve or amend an invalid clause in the contract, the
validity of the contract shall not be affected.
(2) If a contract is confirmed as being invalid or is revoked due to a
fault on the part of one of the parties to the contract, the negligent
party shall be liable for compensation of losses suffered by the other
party to the contract as a result of the contract being confirmed as
invalid or revoked. If both parties to a contract are responsible for
the contract being confirmed as invalid or being revoked, each party
shall bear its own corresponding liabilities.
(3) If both parties to a contract have colluded with ill intent to sign
under false pretenses a foreign economic contract which involves
activities which violate State law or the public interests of society
and which harm the interests of the State or a third party, besides
confirming the invalidation of the contract, the illegal gains of the
two parties shall be pursued and returned to the State or the third
party. Penalties in the form of a reprimand or fine may be imposed or an
order of detention may be given, depending on the seriousness of the
case. If it is discovered that the case involves an economic crime, the
matter shall be transferred to the public security and investigating and
prosecuting organs for investigation and handling.
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