What does 合同法 in Chinese mean?

What is the meaning of the word 合同法 in Chinese? The article explains the full meaning, pronunciation along with bilingual examples and instructions on how to use 合同法 in Chinese.

The word 合同法 in Chinese means contract law, law of contract. To learn more, please see the details below.

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Meaning of the word 合同法

contract law

noun (legal norms which regulate the existence and the effects of contracts)

鉴于国际贸易领域最近出现的事态发展,国际合同法需要进一步加以统一。

International contract law needed to be further harmonized in the light of recent developments in international trade.

law of contract

noun

根据合同法,在民法中提供了一定的保护。

Some degree of protection was, however, provided in civil law under the law of contracts.

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目前,瑞士认为时机已经成熟,贸易法委员会应当(一)从现今和将来的国际商务当事方的实际需要出发,着手评估1980年《国际货物销售合同公约》和贸易法委员会相关文书的运作情况,(二)讨论在这两个领域和一般合同法这一较广的范围内进一步开展全球性的工作以满足这些需要是否可取和可行。

Today, Switzerland believes that time has come for UNCITRAL (i) to undertake an assessment of the operation of the 1980 Convention on Contracts for the international Sale of Goods and related UNCITRAL instruments in light of practical needs of international business parties today and tomorrow, and (ii) to discuss whether further work both in these areas and in the broader context of general contract law is desirable and feasible on a global level to meet those needs.

工作组还似应注意在其第六十二届会议上表达的看法,即公约不应剥夺当事人在适用的合同法之下可能享有的任何合同规定的救济(A/CN.9/832,第36段)。

The Working Group may also wish to take note of the view expressed at its sixty-second session that a convention should not deprive the parties of any contractual remedies they might have under the applicable contract law (A/CN.9/832, para. 36).

另一种看法是,虽然第 # 条所载的是应可通过合约删减的合同法条款,但第 # 条也载有应视作强制性的程序法规定。

Yet another view was that, although article # contained provisions of contract law that should be open to contractual derogation, article # also contained provisions of procedural law that should be regarded as mandatory

只有债券持有人都是同一类型时,合同法可以凑效;但是当涉及到由不同的司法管辖区和货币发行的债券时,协会的提案未能解决困难的“聚合”的问题(如何分配不同的索赔人的权重?)

Contract law might work well when there is only one class of bondholders; but when it comes to bonds issued in different jurisdictions and currencies, the ICMA proposal fails to solve the difficult “aggregation” problem (how does one weight the votes of different claimants?).

美国代表团希望在贸易法委员会国际商业调解示范法立法和实施指南草案中明确指出:必须公正适用于调解的程序,而不是该程序所产生的和解协议,而这与现行的有法律管辖权的合同法没有不同。

The United States delegation would be happy with a clear statement in the draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation that the requirement applied to the conciliation procedure, not to the settlement agreement resulting from that procedure, and that it did not vary from existing jurisdictional contract law.

进一步统一国际合同法将打破因国家法律制度多样性而产生的贸易障碍。

Further harmonization of international contract law would break down the trade obstacles resulting from the variety of national legal systems.

这在全球范围内是一个迅速扩展的领域,在工作中将部分借鉴委员会在其他领域的经验,例如电子商务、担保交易、国际信用转账和一般合同法领域的经验。

This is a rapidly expanding field globally and work would draw in part on the Commission’s experience in other areas, including electronic commerce, secured transactions, international credit transfers and general contract law.

因此颁布国的采购条例或其他法律规定需要处理诸如从合同法的角度看框架协议可否执行的问题。

The procurement regulations or other provisions of law of the enacting States will therefore need to address such issues as the enforceability of the agreement in terms of contract law.

所涉其他法律领域包括诸如促进和保护投资;财产法;担保权益;关于强制取得私有财产的法规和程序;一般合同法;关于政府合同和行政法的规则;税法;以及环境保护和消费者保护法。”

Those other areas of law include, for instance, promotion and protection of investments, property law, security interests, rules and procedures on compulsory acquisition of private property, general contract law, rules on government contracts and administrative law, tax law and environmental protection and consumer protection laws.”

出现的一种折衷是,条文应当涉及示范法修订本涵盖的整个采购过程,换言之,直至订立采购合同为止,此后,适用合同法的一般规定。

A compromise emerged that the provisions should concern the entire procurement process covered by the revised model law, in other words until the conclusion of the procurement contract, after which general provisions of contract law were applicable

欧洲反对种族主义和不容忍委员会建议摩纳哥填补免遭歧视的保护方面的立法空缺并为此在公务员和就业合同法案中纳入必要的法律保障,以保护非摩纳哥籍工人免遭任何基于欧洲反对种族主义和不容忍委员会任务所涵盖的理由的歧视。

CoE-ECRI recommended that Monaco bridge the existing legislative gaps in the field of protection against discrimination and to this end, introduces the necessary legal safeguards in the bills on the civil service and employment contracts to protect non-Monegasque workers from any discrimination based on one of the grounds covered by ECRI’s mandate.

今后在国际合同法领域可能开展的工作(续) (A/CN.9/758)

Possible future work in the area of international contract law (continued) (A/CN.9/758)

另一个有关的问题是,据称属于特别是合同订立方面实质性法律问题的关于发出和收到的定义,是否应视各当事人使用的通信手段而定,最好留给国内法或关于合同法的其他国际公约来处理,以避免适用双重制度。

Another related question was whether a definition of dispatch and receipt, which was said to be a question of substantive law, in particular as regards contract formation, should not be better left to domestic law or other international conventions dealing with contract law, so as to avoid a duality of regimes, depending on the means of communication used by the parties

不过,有与会者说,其中有些阶段不在采购立法的范围之内,而在预算立法(采购规划)和合同法(合同管理)范围之内。

However, it was observed that some of these stages did not fall within the purview of procurement legislation, but rather budgetary legislation (procurement planning) and contract law (contract administration).

修订第63段,规定知识产权的权属问题是一个知识产权法问题,作为担保手段为担保目的进行的转让的法律性质是属于一般财产法和担保交易法的问题,而许可的法律性质则是属于知识产权法和合同法的问题;

Paragraph 63 should be revised to provide that ownership with respect to intellectual property was a matter of intellectual property law, that the legal nature of a transfer for security purposes as a security device was a matter of general property and secured transactions law and that the legal nature of a licence was a matter of intellectual property and contract law;

工作组商定,在第三段最后一句话中,用“技术、法律和财务专门知识”取代“技术专长”,在第四段最后一句话中,在“关于政府合同的法规”之前加上“一般合同法”。

The Working Group agreed to replace words “technical expertise” with the words “technical, legal and financial expertise” in the last sentence of the third paragraph, and to add the words “general contract law” before the words “rules on government contracts” in the last sentence of the fourth paragraph.

美国纽约南区地区法院,Filanto SpA诉Chilewich International Corp # 年 # 月 # 日,( # upp # 商事仲裁年鉴十八( # 年),第 # 页):法院称,任何在《纽约公约》管辖范围内的纠纷,无论诉至州法院还是联邦法院,都必须参照该文书来解决;不过,它又称,法院在解释形式要求时一般从《纽约公约》简单的文字着手,然后根据联邦法律适用,联邦法律包含被广泛接受的合同法原则;不过,法院拒绝适用《统一商法典》,而适用《联合国国际货物销售合同公约》( # 年,维也纳)。

United States, District Court for the Southern District of New York, Filanto SpA v. Chilewich International Corp # pril # ( # upp # earbook Commercial Arbitration # p # ): the court stated that any dispute falling within the New York Convention, whether brought in state or federal court, must be resolved with reference to that instrument; however, it then stated that courts in interpreting the writing requirement had generally started with the plain language of the New York Convention and had then applied the language in light of federal law, which consisted of generally accepted principles of contract law; it refused however to apply the Uniform Commercial Code but applied the United Nations Convention on Contracts for the International Sale of Goods (Vienna

这所涉及的是侵犯刚果民主共和国主权,违背采矿和环境措施以及违反国际合同法和习惯法,在刚果民主共和国境内从事的所有提炼、生产、销售和出口活动。

This deals with all the extracting, producing, marketing and exporting activities carried out in the Democratic Republic of the Congo in violation of its sovereignty, in violation of mining and environmental measures and in violation of international contractual and customary law.

另一些国家允许有担保债权人联合行使其非司法救济办法和作为合同法事项而强制执行其债务的权利。

Other States permit the secured creditor to cumulate both its extrajudicial remedies and its right to enforce the obligation as a matter of contract law

商法和商业惯例委员会还与贸易法委员会在电子订约问题上开展合作;落实欧盟委员会统一欧洲合同法的举措;与欧盟委员会共同修订罗马公约;并与海牙会议共同执行其判决项目(见上文第 # 段)。

CLP also works with UNCITRAL on electronic contracting; on the European Commission's initiative to harmonize European contract law; with the European Commission on the revision of the Rome Convention; and with the Hague Conference on its Judgments project (see above, para

合同法用的是“意向声明”。

Contract law used the term “declaración de voluntad” (declaration of intent

� 如前所述,在调解达成的和解协议包括长期或复杂义务(而不是一方当事人向另一方当事人支付一笔款额的义务),而法院不一定能够在简化执行程序中对其加以评估并且可能更适合根据合同法处理此种义务时,这一保留将允许对公约下的执行办法作出限制。

� As discussed above, such a reservation would permit limits on enforcement under the convention for conciliated settlements that include long-term or complex obligations (other than an obligation by one party to pay a sum to another party) that courts may not necessarily be able to evaluate in a streamlined enforcement process and that may be more appropriately addressed under contract law.

关于第(3)款,指出了三个问题:是否能够在开标之前和开标之后取消采购(对这个问题的答案是肯定的);是否应在上述这两个阶段提供任何理由,如果是的话,需提供什么样的理由;从合同法或其它方面来看会产生什么赔偿责任问题。

As regards paragraph (3), three issues were identified: whether there should be an ability to cancel the procurement before and after bids were opened (which was answered in the affirmative); whether there should be a justification at either of those stages, and if so, what justification would be required; and what liability might arise as a question of contract law or otherwise.

主席说,他认为委员会同意在临时议程(A/CN.9/735和Add.1)项目12之后增加瑞士提出的一个新项目,题为“今后在国际合同法领域可能开展的工作”。

The Chair said that he took it that the Commission agreed to add a new item, following item 12 of the provisional agenda (A/CN.9/735 and Add.1), entitled “Possible future work in the area of international contract law”, as proposed by Switzerland.

不过,多数是在与身份管理完全无关的背景下制定的(例如侵权法、合同法和保证法),但也可能产生重大影响,这种影响往往是在原来通过时未曾想到的。

Most, however, were developed in a context completely unrelated to identity management (e.g., tort law, contract law, and warranty law), but may nonetheless have a significant impact, and often in ways that were unanticipated at the time of their original adoption.

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