商法 英文版 contract three课件.pptVIP

Regulating the bargaining process 1. Capacity of the parties 2. Vitiating Factors 3. Special regulations 1.Capacity of the parties Article 9: When concluding a contract, the parties shall have the appropriate capacities for civil rights and civil conducts. A party may entrust an agent to conclude a contract on his behalf in accordance with the law. 1.Capacity of the parties 1.Capacity of the parties 1.1 Minors (Infants) What is an infant? General Principles of The Civil Law Article 11 A citizen aged 18 or over shall be an adult. He shall have　full　capacity for civil conduct, may independently engage in civil activities and shall be called a person with full capacity for civil conduct. A citizen who has reached the age of 16 but not the age of　18　and　whose main source of income is his own labour shall be regarded as a person with full capacity for civil conduct. Article 12: A minor aged 10 or over shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to his　age and intellect; in other civil activities, he shall be represented by his agent or participate with the consent of his agent. A minor under the age of 10 shall be a person having no capacity for civil conduct and shall be represented in civil activities by his agent . What is the legal effect on the contract? Article 47: A contract concluded by a person with limited civil capacity of conduct shall be effective after being ratified afterwards by the persons statutory agent, but a pure profit-making contract or a contract concluded which is appropriate to the persons age, intelligence or mental health conditions need not be ratified by his statutory agent. Voidable contract The opposite party may urge the statutory agent to ratify the contract within one month. It shall be regarded as a refusal of ratification if the statutory agent fails to indicate a decision. The bona fide opposite party has the right to rescind the contract before the contract is ratif