Standards Related Articles In The New Civil Code of China

24/06/2020

The first Civil Code of China was issued by the National People’s Congress in May 2020, it will come into force in January of 2021. SESEC team summarized the standards related articles of the Civil Code of China and listed them below:

Article 293 In the construction of a building, the relevant engineering construction standards of the state shall not be violated, and the ventilation, light and sunshine of the neighboring building shall not be interfered with.

Article 511 Where certain content agreed upon by the parties in the contract is ambiguous and cannot be determined in accordance with the provisions in the preceding article, the following provisions shall apply:

(1) If quality requirement is not clear, performance shall be rendered in accordance with the state mandatory standard; absent any state mandatory standard, performance shall be rendered in accordance with the state voluntary standard; absent any state voluntary standard, performance shall be rendered in accordance with the industry voluntary standard; or absent any state or industry standard, performance shall be rendered in accordance with the customary standard or any particular standard consistent with the purpose of the contract.

Article 596 A sales contract shall generally include the name, quantity, quality, and price of the subject matter; the time limit, place, and method for performance; and packaging method, inspection standards and methods, settlement method, the language employed in the contract, and its validity.

Article 624 Where a seller delivers the subject matter to a third party on the buyer’s instructions, and the inspection standards agreed upon by the seller and the buyer are inconsistent with those agreed upon by the buyer and the third party, the inspection standards agreed upon by the seller and the buyer shall prevail.

Article 636 In a sale by sample, if the buyer is not aware of a latent defect in the sample, the subject matter delivered by the seller shall nevertheless comply with the normal quality standard for a like item, even though the subject matter delivered complies with the sample.

Article 651 The power supplier shall supply power in a safe manner in accordance with the standards for power supply stipulated by the State and with the terms of the contract. Where the power supplier fails to supply power in a safe manner in accordance with the standards for power supply stipulated by the State and with the terms of the contract, thereby causing losses to the power customer, it shall be liable in damages.

Article 771 The contents of a contract for work shall generally contain such clauses as the subject matter, quantity, quality, remuneration, method of the work, supply of materials, term of performance, standards and method of acceptance inspection.

Article 799 Upon completion of the construction project, the employer shall conduct acceptance inspection according to the construction drawings and specifications, and in accordance with the rules of construction inspection and quality inspection standard prescribed by the state. Once the construction project has passed the acceptance inspection, the employer shall pay the prescribed price and accept the construction project.

Article 806 Where a contractor assigns the whole or illegally subcontracts any part of the construction project, the employer may rescind the contract.

If an employer furnishes main building materials, building components, and equipment not conforming to mandatory standards, or fails to perform its obligation to assist, rendering the contractor unable to perform construction, and fails to perform the corresponding obligation within a reasonable time limit after demand, the contractor may rescind the contract.

Article 821 Where the carrier unilaterally lowers the standards of service, it shall, upon request by the passenger, refund the ticket-fare or lower the price of the ticket; where the service standards are enhanced, no additional ticket-fare shall be charged.

Article 845 The contents of a technology contract shall generally include the name, content of the subject matter, scope, and requirements of the project; the plan, place, and method for performance; confidentiality of technical information and materials; ownership of the technology and methods for allocating benefits accrued therefrom; standards and method for acceptance inspection; definition of terms and phrases.

Article 909 The depositary shall sign its name or seal the warehouse receipt. The warehouse receipt shall contain the following:

(1) Name and domicile of the depositor.

(2) Category, quantity, quality, and package, number of pieces and marks of the warehoused property.

(3) Standards of spoilage of the warehoused property.

Article 938 The contents of a property management service contract generally include services, service quality, service fee rates and collection methods, use of maintenance funds, management and use of service premises, service term, and service handover.

Article 943 A property management service provider shall regularly disclose to owners and report to the owners’ meeting and the owners’ committee on services, responsible personnel, quality requirements, chargeable items, fee rates, performance, the use of maintenance funds, and the management and income of the part held in co-ownership by owners, among others, in a reasonable manner.

Article 1214 Where an illegally assembled motor vehicle or a motor vehicle having reached the standard of retirement, which has been transferred through sale or in any other method, causes a traffic accident and a harm, the transferor and the transferee shall be liable jointly and severally.