On 4 Dec. 2023, China’s Supreme People’s Court (SPC) issued the “Interpretation on Several Issues Concerning the Application of the General Provisions of the Contract Section of China’s Civil Code” (hereinafter the “Interpretation”, 关于适用〈中国民法典〉合同编通则若干问题的解释).
To ensure that courts nationwide correctly adjudicate contract disputes and those involving non-contractual obligations, the SPC formulated this Interpretation in accordance with China’s Civil Code, China’s Civil Procedure Law and other relevant legal provisions, as well as judicial practice.
The Interpretation comprises 69 articles and is divided into several parts: 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 Contracts, Liability for Breach of Contract, and Supplementary Provisions.
The Interpretation was drafted by the Second Civil Division and the Research Office of the SPC. The heads of these two departments held a press conference to explain the legislative intent behind the Interpretation and some of the key issues.
The SPC published the Interpretation together with ten typical cases.
Photo by Christian Lue on Unsplash
Contributors: CJO Staff Contributors Team
