Tuesday,January 21,2003 Posted: 15:11 BJT(0711 GMT)
CHAPTER XIX
CONTRACTS FOR DEPOSIT
Article 365
A deposit contract is a contract under which the depository stores and returns articles delivered by the depositor.
Article 366
The depositor shall pay deposit fees to the depository according to stipulations of the contract.
If the deposit fee is not provided in the contract or the provision is ambiguous, and can not be ascertained under Article 61 of this Law, the deposit will be gratuitous.
Article 367
A deposit contract is formed upon the delivery of the deposited article by the depositor, except for otherwise agreed on by the parties.
Article 368
The depository shall issue document for deposit upon delivery of deposited article by the depositor, unless otherwise provided by trade usage.
Article 369
The depository shall take good care of the deposited article.
The parties may agree' on the place and manner for the deposit, which shall not be changed except for emergent case or for the interest of the depositor.
Article 370
If there is defect in the deposited article or special deposit measures need to be taken according to the nature of the deposited article, the depositor shall inform to the depository. If the depositor fails to inform, which causes loss of the deposited article, the depository isn't liable for compensation; if the depository suffers loss therefore, the depositor shall bear the liability for compensation except for the case under which the depository, in knowledge of or who should have knowledge of the circumstance, fails to adopt any remedial measures.
Article 371
The depository shall not deliver the deposited article to a third party for deposit except for otherwise agreed on by the parties.
The depository shall be liable for the compensation for the losses if, in violation of the preceding paragraph, the depository delivers the deposited article to a third party for deposit an~ thereby causes losses to the deposited article.
Article 372
The depository shall not use or permit a third party to use the deposited article, except for otherwise agreed on by the parties.
Article 373
In case that a third party claims right to the deposited article, except for preservation or enforcement executed according to law, the depository shall fulfill the duty of returning the deposited article to the depositor.
In case that a third party brings a suit against the depository or applies for detention of the deposited article, the depository shall notify the depositor in time.
Article 374
During the period of deposit, the depository shall be liable for compensation if the deposited article is damaged or lost due to the imperfect care taken by the depository, but in the case that the deposit is gratuitous and the depository proves himself without material fault, the liability for compensation will not be borne by the depository.
Article 375
The depositor shall declare to the depository as to the deposit of currencies, securities or other precious articles, and the depository shall accept upon inspection or accept after seal. In absence of such declaration by the depositor, the depository may compensate for, if the deposited article is damaged or lost. according to normal articles.
Article 376
The depositor may claim the deposited article at any time.
If the duration of the deposit is not agreed upon by the parties or is ambiguous, the depository may, at any time, request the depositor to claim the deposited article; in case of duration of the deposit agreed by the parties, the depository shall not, with exception to special causes, request the depositor to claim the deposited article before time due.
Article 377
The depository shall return the deposited article and its accruements to the depositor when the duration of deposit expires or the depositor claims the deposited article before due time.
Article 378
If the deposited article is currency, the depository may return the currency of same kind and amount. If the deposited article is another kind of article that can be substituted, the depository may, according to the contract, return the article of a same kind, quality and quantity.
Article 379
In case of a paid deposit contract, the depositor shall pay the depository charges according to the time limit provided in the contract.
If the time limit is not provided in the contract or the provision is ambiguous, and it can not be ascertained according to Article 61 of this Law, the payment shall be made simultaneously with the claiming of the deposited article.
Article 380
Where the depositor fails to pay the deposit fees and other charges according to the agreement, the depository shall have right to lien on the deposited article, unless otherwise agreed on by the parties.
CHAPTER XX
CONTRACTS FOR WAREHOUSE
Article 381
A warehouse contract is a contract under which the warehouseman keeps the stored goods delivered by the depositor, while the depositor pays warehouse charges.
Article 382
A warehouse contract comes into effect when it is formed.
Article 383
The depositor shall explain the nature of the stored article and provide relevant material if the stored article is dangerous goods of inflammable, explosive, poisonous, corrosive and radioactive nature etc. or goods susceptible to deterioration.
In case of violation of the preceding paragraph by the depositor, the warehouseman may refuse to accept the stored article, or may adopt relevant measures to avoid the occurrence of the loss and the cost caused thereby shall be borne by the depositor.
Where the depository stores dangerous goods of inflammable, explosive, poisonous, corrosive and radioactive nature etc., it shall have corresponding conditions for the deposit.
Article 384
The warehouseman shall, according to the contract, inspect the goods stored into the warehouse. If the warehouseman, upon the inspection, discovers the unconformity of the goods to the contract. it shall notify the depositor in time. After the inspection of the warehouseman, if the unconformity of the kind, quantity or quality of the stored article occurs, the warehouseman shall be liable for the compensation of losses.
Article 385
The warehouseman shall issue warehouse document upon the delivery of the stored article by the depositor.
Article 386
The warehouseman shall sign on or attach seal to the document. The document includes the following items.
(1) name and address of the depositor
(2) kind, quantity. quality, package, number and marks
(3) standard for the natural damage and loss of the stored article
(4) place of the warehouse
(5) duration for the storage
(6) warehouse charges
(7) insurance amount and duration and the name of the insurer if the stored article is insured
(8) person, place and date for the issuance of the document
Article 387
The warehouse document is the document for claiming the stored article. The depositor may transfer the right of claiming the stored article upon the endorsement by the depositor or the holder of the warehouse document on the warehouse document and the signing or sealing by the warehouseman.
Article 388
The warehouseman shall permit the depositor or the holder of the warehouse document, upon its request, to inspect the stored article or take samples.
Article 389
If the warehouseman discovers the deterioration or other damage of the stored article in the warehouse, it shall notify the depositor or the holder of the warehouse document in time.
Article 390
If the warehouseman discovers the deterioration or other damage of the stored article in the warehouse that endangers the safety or normal storage of other articles, it shall notify through summon exhortation the depositor or the holder of the warehouse document to make necessary disposition. The warehouseman may make necessary disposition under emergent circumstances, but it shall, after the disposition, notify in time the matter to the depositor or the holder of the warehouse document.
Article 391
If the parties fails to stipulate the duration of the storage in the Contract or the stipulation is ambiguous, the depositor or the holder of the warehouse document may claim the stored article at any time. And the warehouseman may also request the depositor or the holder of the warehouse document to claim the stored goods, but necessary time for preparation shall be given.
Article 392
Upon the expiration of the storage duration, the depositor or the holder of the warehouse document shall claim the stored article with the warehouse document. In case of overdue claiming of goods by the depositor or the holder of the warehouse document, additional storage fees will be charged; in case of claiming of goods before due time, the original storage fees will be maintained without deduction.
Article 393
Upon the expiration of the storage duration, if the depositor or the holder of the warehouse document fails to claim the stored article, the warehouseman may notify if through summon exhortation to claim the goods within a reasonable period, If the goods is not claimed overdue, the warehouseman may deposit the goods.
Article 394
The warehouseman shall be liable for compensation if damage or loss is incurred to the stored goods due the imperfect care taken by the depository during storage period.
The warehouseman is not liable for compensation if the deterioration or the damage caused to the stored article due to the unconformity of nature and package of the stored goods to the contract or the exceeding of valid storage duration.
Article 395
Relevant provisions of deposit contract shall be applied in absence of a provision in this chapter
CHAPTER XXI
CONTRACTS FOR MANDATE
Article 396
A mandate contract is a contract under which the mandator and the mandatory agree that he mandatory handles the affairs of the mandator.
Article 397
The mandator may have its one piece or several pieces of affairs trusted to the mandatory through special mandate, or have all the affairs trusted to the mandatory generally.
Article 398
The mandator shall pay the cost in advance, for the handling of trusted affairs. Necessary cost for the handling of trusted affairs paid by the mandatory and its interests shall be returned by the mandator
Article 399
The mandatory shall handle the trusted affairs according to the mandator's instruction. The mandator's consent shall be acquired when the mandator's instruction needs to be modified; in an urgent case where it is difficult to contact with the mandator, the mandatory shall handle the trusted affairs appropriately, and shall notify the circumstance in time to the mandator
Article 400
The mandatory shall handle the trusted affairs by itself. Upon the mandator's consent, the mandatory may have the trusted affairs mandated to a third party. If the mandate by the mandatory to a third party is upon the mandator's Consent, the mandator may give direct instruction to the third party as to the trusted affairs. and the mandatory is only liable for the choice of the third party and its direction to the third party.
If the mandate by the mandatory to a third party is not upon the mandator's consent, the mandatory shall be liable for the act of the third party, except for the case under which the mandate by the mandatory to a third party is needed for the protection of the mandator's interest under urgent circumstance.
Article 401
The mandatory shall, in conformity with the request of the mandator, report the handling of the trusted affairs. Upon termination of the mandate contract, the mandatory shall report the result of the handling of the trusted affairs.
Article 402
Where the mandatory, in the name of himself, concludes a contract with a third party within the scope authorized by the mandator, the contract is directly binding over the mandator and the third party if the third party has the knowledge of the relationship of agency between the mandator and the mandatory, unless definite evidence is given to prove that the contract is binding over only the mandatory and the third party.
Article 403
Where the mandatory, in the name of himself, concludes a contract with a third party and the third party has no knowledge of the relationship of agency between the mandator and mandatory, if the mandatory fails to perform duties to the mandator due to the cause of the third party, the mandatory shall inform the mandator about the third party, and the mandator thereby can exercise the mandatory's right to the third party, except for the case where the third party wouldn't conclude the contract with the mandatory given the knowledge of the mandator.
Article 404
Property acquired from the handling of the trusted affairs by the mandatory shall be delivered to the mandator.
Article 405
The mandator shall pay the remuneration to the mandatory upon the completion of the trusted affairs. The mandator shall pay relevant remuneration to the mandatory if the discharge of the mandate contract or the failure in completing trusted affairs can not be attributed to the cause of mandatory. In case of otherwise agreed by the parties, the agreement shall be applied.
Article 406
If losses are caused to the mandator due to the mandatory's fauit under a paid contract of mandate, the mandator may claim damages. If losses are caused to the mandator due to the mandatory's intentional act or material fault under a gratuitous contract of mandate, the mandator may claim damages.
If the mandatory exceeds the authority and thereby causes losses to the mandator, it shall compensate for the losses.
Article 407
If the mandatory, in handling the trusted affairs, suffers losses due to causes not attributable to itself, it may claim damages to the mandator.
Article 408
Upon the manoatory's consent, the mandator may mandate the trusted affairs to a third party besides the mandatory. The mandatory may claim damages for losses caused thereby.
Article 409
The two or above mandatory who jointly handle the trusted affairs shall take joint and several liability.
Article 410
The mandator or the mandatory may discharge the contract at any time. One party shall compensate for the losses to the other party caused by the discharge except that the losses is causes not attributable the party.
Article 411
The mandate contract terminates if the mandator or the mandatory dies, loses conduct capacity or goes bankruptcy, unless otherwise agreed by the parties or cases under which the termination is not appropriate according to the nature of the trusted affairs.
Article 412
If the mandator dies, loses conduct capacity or goes bankruptcy, and the termination of the contract thereby will harm the interest of the mandator, the mandatory shall continue the handling of the trusted affairs before the successor, the legal representative or the liquidating organization of the mandator takes the trusted affairs.
Article 413
If the mandatory dies, loses conduct capacity or goes bankruptcy and the contract thereby terminates, the successor, the legal representative or the liquidating organization of the mandatory shall notify the mandator in time. If the termination of contract will harm the interest of the mandator, the successor, the legal representative or the liquidating organization of the mandatory shall, before the mandator makes the arrangement for the trusted affairs, adopt necessary measures.
CHAPTER XXII
CONTRACTS FOR COMMISSION
Article 414
A commission contract is a contract under which the factor engages in trade activity in its own name for the principal, while the principal pays remuneration.
Article 415
Cost for handling the trusted affairs by the factor is borne by the factor except for otherwise agreed by the parties.
Article 416
The factor shall take good care of 'the trusted article if it is in the factors possession.
Article 417
If the trusted article delivered to the factor is defective or susceptible to rot or deterioration, the factor may, upon the principal's consent, dispose the article; if the contact with the principal is unable to be made in time, the factor may make rational disposition.
Article 418
If the factor sells at a price lower than that designated by the principal or buys at a price higher than that designated by the principal, the principal's consent shall be acquired. In the absence of the principal's consent, the sale will be valid to the principal if the factor makes up the balance.
If the factor sells at a price higher than that designated by the principal or buys at a price lower than that designated by the principal, additional remuneration may be paid according to the provision agreed. If the additionaI remuneration is not provided in the contract or the provision is ambiguous, and it can not be ascertained according to Article 61 of this Law, the interest belongs to the principal.
In case of special instruction to the price given by the principal. the factor shall not violate the instruction when buying or selling.
Article 419
The factor itself may be the buyer or the seller if the factor sells or buys commodities with a market price. unless contrary intention is given by the principal.
The factor shall still have right for the remuneration under the circumstance provided in the preceding paragraph.
Article 420
The principal shall accept the trusted article bought by the factor according to the contract. If, upon the summon exhortation of the factor, the principal refuses to accept without excuse, the factor may deposit the trusted article in accordance with Article 101 of this Law.
If the trusted article cannot be sold out or the principal withdraws the sale, the principal fails to take back or handle with the article upon the factor's summon exhortation, the factor may deposit the trusted article in accordance with Article 101 of this Law.
Article 421
If the factor concludes a contract with a third party, the factor enjoys rights and bears liabilities directly under the contract.
If the third party fails to fulfill the duty and losses are caused thereby to the principal, the factor shall be liable for damages, unless otherwise agreed by the factor and the principal.
Article 422
The principal shall pay relevant remuneration to the factor upon its completion or partial completion of trusted affairs. If the principal fails to pay the remuneration overdue, the factor shall have the right of lien on the trusted article, unless otherwise agreed by the parties.
Article 423
Relevant provisions of the mandate contract shall be applied in absence of provisions in this Chapter.
CHAPTER XXIII
CONTRACTS FOR BROKERAGE
Article 424
A brokerage contract is a contract under which the broker reports to the principal chances for the conclusion of contracts or provides intermediary services for contract conclusion, while the principal pays the remuneration.
Article 425
The broker shall, in honesty to the fact, report matters concerning the conclusion of the contract.
If the broker intentionally conceals important facts relevant to contract conclusion or provides false information and harms thereby the principal's interests, it can not claim for the remuneration and shall be liable for damages.
Article 426
If the broker succeeds in facilitating the conclusion of a contract, the principal shall pay remuneration according to the agreement. If the remuneration is not provided in contract or the provision is ambiguous, and it can not be ascertained according Article 61 of this Law, the remuneration shall be ascertained rationally according to the work of the broker. Where the intermediary services for contract conclusion by the broker facilitates the conclusion of the contract, parties to the contract shall equally bear the remuneration for the broker.
Article 427
Where the broker fails to facilitate the contract conclusion, it shall not claim for remuneration, but it may ask the principal to pay for the necessary expenses cost by the activity of brokerage.
CHAPTER XXIV
SUPPLEMENTARY PROVISIONS
Article 428
This law shall be enforced from October 1,1999 and the Law of Economic Contract of the People's Republic of China, the Law of Foreign-related Economic Contract of the People's Republic of China and the Law of Technology Contract of the People's Republic of China shall be simultaneously abolished.
Endnotes
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