合同法解释一英文版内容摘要:

ate restriction concerning, or licensing requirement for, a particular business sector, or was in violation of any law or administrative regulation prohibiting the parties from participating in a particular business sector. Article 4 Subrogation Article 11 Where an obligee is to bring a suit of subrogation pursuant to Article 73 of the Contract Law, the following conditions shall be met: 1. the obligee39。 s creditor39。 s right against the obligor is lawful。 2. the obligor39。 s delay in exercising the creditor39。 s right due to it has caused harm to the obligee。 3. the creditor39。 s right of the obligor is due。 and 4. the creditor39。 s right of the obligor is not exclusively personal to it. Article 12 As referred to in Paragraph 1 of Article 73, a creditor39。 s right exclusively personal to the obligor means a claim for alimony, child support, parental support or succession, or a claim for wages, retirement benefits, old age pension, death benefits, relocation allowance or life insurance, or a personal injury claim. Article 13 The article Where the obligor delayed exercising its creditor39。 s right against a third party that was due, thereby harming the obligee in Article 73 of the Contract Law refers to the following circumstance: The obligor fails to render performance which is due to the obligee, and further, it has failed to enforce a creditor39。 s right which is due to it and which involves the payment of money against an obligor either through a suit in court or through arbitration, thereby frustrating the obligee39。 s realization of the creditor39。 s right due to it. Where the secondary obligor (. the obligor of the original obligor) denies that the obligor has delayed exercising its creditor39。 s right due to it, the secondary obligor shall bear the burden of proof. Article 14 Where an obligee brings a suit of subrogation pursuant to Article 73 of the Contract Law, jurisdiction shall vest in the People39。 s Court at the place where the defendant is domiciled. Article 15 Where after bringing a suit against an obligor in a People39。 s Court, an obligee brings a suit of subrogation against a secondary obligor to the same court, if such suit plies with the provisions of Article 13 hereof as well as the conditions for bringing a suit set forth in Article 108 of the Civil Procedural Law of the People39。 s Republic of China, the court shall accept such suit。 where such suit does not ply with Article 13 hereof, the court shall direct the obligee to bring a separate suit in the People39。 s Court at the place where the secondary obligor is domiciled. Before judgment on the suit brought by the obligee against the obligor takes legal effect, the People39。 s Court adjudicating the suit of subrogation against the secondary obligor shall stay such suit in accordance with Item (5) of Article 136 of the Civil Procedural Law of the People39。 s Republic of China. Article 16 Where in a suit of subrogation brought to a People39。
阅读剩余 0%
本站所有文章资讯、展示的图片素材等内容均为注册用户上传(部分报媒/平媒内容转载自网络合作媒体),仅供学习参考。 用户通过本站上传、发布的任何内容的知识产权归属用户或原始著作权人所有。如有侵犯您的版权,请联系我们反馈本站将在三个工作日内改正。