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SPC Solicits Comments on the Interpterion on the Part on Contract under the Civil Code

Fri Dec 30 15:36:00 CST 2022 发布人:Editor

On November 7, the Supreme People's Court (SPC) issued the Interpretation on the Application of the General Provisions of the Contract Part of the Civil Code of the People's Republic of China (Draft for Comment) (the "Draft for Comment") to solicit public opinions. Said solicitation has come to a close by now.

The Draft for Comment consists of 73 articles in nine parts, covering general provisions, conclusion of contracts, effect of contracts, performance of contracts, preservation of contracts, modification and assignment of contracts, termination of rights and obligations under a contract, default liability, and supplementary provisions. Among others, regarding the compensation scope for the negligence in conclusion of a contract, the Draft for Comment specifies that where a party engages in consultation with malicious intention under the guise of concluding a contract or conducts any other acts seriously violating the principle of good faith, and the other party claims compensation for its loss caused by loss of other opportunities to conclude contract, the claim shall be upheld by the people's court, provided that the reasonable expenses made by the other party for obtaining such opportunities shall be deducted. 

(Source: Supreme People's Court of China)