Professor Sun Xianzhong Submits Written Opinions on the Revision of the (Draft) Title on Contract Law of the Chinese Civil Code

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The (Draft) Title on Contract Law, which is an important part of the Chinese Civil Code, was submitted to the Standing Committee of the National People’s Congress for deliberation in October 2018. Recently, Professor Sun Xianzhong, a research fellow at CASS Law Institute, a deputy to the National People’s Congress, and a member of the Constitution and Law Committee of the National People’s Congress, submitted to the National People’s Congress a Written Opinions on the (Draft) Title on Contract Law. The Opinions contains a total of thirteen concrete proposals, including those relating to: the coordination between the Title on Obligations, the Title on Contracts and the Title on Non-typical Contracts; the accuracy of the definition of contract in Article 255 of the draft law; the legal effect of model contracts; the meaning of “non-substantive change” in Article 280 of the draft law; the situation provided for in Article 282 Paragraph 2 of the draft law; the rewards provided for in Article 291 of the draft law; Article 294 of the draft law (the effect of contracts); Article 307 of the draft law (the effect of contracts); Article 335 (assignment of debt); Article 376 (deposit); Article 385 (sales contracts); Article 394 (the risk of contract object burden); and Article 457 (prohibition of usury).