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Principles of continue performance of contract when a relevant term of contract is not clearly stipulated

Updated: Mar 30, 2018 english.legalinfo.gov.cn Print

In accordance with the provisions of the Contract Law, the parties to perform the contract according to the following principles:

(1) if quality requirement was not clearly prescribed, performance shall be in accordance with the state standard or industry standard; absent any state or industry standard, performance shall be in accordance with the customary standard or any particular standard consistent with the purpose of the contract;

(2) if price or remuneration was not clearly prescribed, performance shall be in accordance with the prevailing market price at the place of performance at the time the contract was concluded, and if adoption of a price mandated by the government or based on government issued pricing guidelines is required by law, such requirement applies;

(3) where the place of performance was not clearly prescribed, if the obligation is payment of money, performance shall be at the place where the payee is located; if the obligation is delivery of real property, performance shall be at the place where the real property is located; for any other subject matter, performance shall be at the place where the obligor is located;

(4) If the time of performance was not clearly prescribed, the debtor may perform, and the creditor may require performance, at any time, provided that the other party shall be given the time required for preparation;

(5) If the method of performance was not clearly prescribed, performance shall be rendered in a manner which is conducive to realizing the purpose of the contract; and

(6) If the party responsible for the expenses of performance was not clearly prescribed, the party having the obligation of performance shall bear the expenses.


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