n by one
party to the other pursuant to the contract shall be sent in writing
or by mail or telegram. If either party to a contract sustains
losses due to alteration or termination of a contract, the party
shall be exempted from liabilities according to the related laws,
while the liable party shall compensate for the losses incurred.
@@ Article 38. Either party to a contract shall not assign his
rights and obligations, in part or in whole, to a third person,
except with the other party's prior consent and a written assignment
agreement unless otherwise stipulated in the contract. Also, the
approved contract shall be submitted to the original
approval-granting agency for reapproval. No assignment shall be
valid without such approval.
@@ Article 39. Contracts shall be terminated immediately when one
of the following circumstances arises:
(1) The contract object has been fulfilled;
(2) Contract validity expires, and
(3) Contract are terminated by arbitration or court.
@@ Article 40. Liquidation and clearance shall be carried out prior
to the rescinding or termination of a contract. Clauses governing
liquidation and clearance at the time of termination prescribed
in the contract shall remain effective despite the termination of the
contract.
@@ Article 41. After a contract is terminated, the relevant
clauses governing the settlement of disputes and the right to claim
as agreed upon in the contract shall remain effective within the
legal prescription of arbitration or litigation.
CHAPTER V SETTLEMENT OF CONTRACT DISPUTES
@@ Article 42. Disputes arising from implementation of contracts
shall be settled through consultation or conciliation on the basis of
the principle of equality and mutual benefit. If the parties are not
willing to consult or conciliate, or the consultation or
conciliation cannot settle the disputes, the parties may in
accordance with their arbitration agreement, submit the case to an
arbitral body.
@@ Article 43. In case there is not existing arbitration agreement
between the disputing parties, and if one of the parties concerned
applies to the arbitral body for arbitration while the other
party replies to the plaintiff in writing, then an arbitration
agreement shall be regarded as reached.
If there is no arbitration agreement between the disputing parties,
either party may, in accordance with law, file a plaint at the court
which has the authority of jurisdiction over the contract.
@@ Article 44. When a party to a contract applies to an arbitral
body for arbitration, he shall submit his application within one year
from the date on which he knows or should know his rights are
infringed. His application shall generally be dismissed if the t上一页 [1] [2] [3] [4] 下一页
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