书城外语世界500强企业都在用的国际英文合同大全集
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第97章 法规与国际惯例中关于合同的条款(4)

The parties may prescribe that a party will give a deposit to the other party as assurance for the obligees right to performance in accordance with the Security Law of the Peoples Republic of China. Upon performance by the obligor, the deposit shall be set off against the price or refunded to the obligor. If the party giving the deposit failed to perform its obligations under the contract, it is not entitled to claim refund of the deposit; where the party receiving the deposit failed to perform its obligations under the contract, it shall return to the other party twice the amount of the deposit.

译文:

当事人可以依照《中华人民共和国担保法》约定一方向对方给付定金作为债权的担保。债务人履行债务后,定金应当抵作价款或者退回债务人。给付定金的一方不履行约定的义务的,无权要求返还定金;收受定金的一方不履行约定的债务的,应当双倍返还定金。

例33:

(1) A contract may be modified or terminated by the mere agreement of the parties.

(2) A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by agreement. However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.

译文:

(1)合同只需双方当事人同意,就可更改或终止。

(2)规定必须书面更改或终止协议的书面合同,不得以任何其它方式更改或终止协议。但是,一方当事人的行为,如经另一方当事人寄以信赖,就不得坚持此项规定。

例34:

A debt represents a special relationship of rights and obligations established between the parties concerned, either according to the agreed terms of a contract or legal provisions. The party entitled to the rights shall be the creditor, and the party assuming the obligations shall be the debtor.

译文:

债务是按照合同的约定或者依照法律的规定,在当事人之间产生的特定的权利和义务关系,享有权利的人是债权人,负有义务的人是债务人。

例35:

A contract shall be an agreement whereby the parties establish, change or terminate their civil relationship. Lawfully established contracts shall be protected by law.

译文:

合同是当事人之间设立、变更、终止民事关系的协议。依法成立的合同,受法律保护。

例36:

A contract of marine insurance comes into being after the insured puts forth a proposal for insurance and the insurer agrees to accept the proposal and the insurer and the insured agree on the terms and conditions of the insurance.

The insurer shall issue to the insured an insurance policy or other certificate of insurance in time, and the contents of the contract shall be contained therein.

Before the contract is concluded, the insured shall truthfully inform the insurer of the material circumstances which the insured has knowledge of or ought to have knowledge of in his ordinary business practice and which may have a bearing on the insurer in deciding the premium or whether he agrees to insure or not.

The insured needs not inform the insurer of the facts which the insurer has known of or the insurer ought to have knowledge of in his ordinary business practice if about which the insurer made no inquiry.

译文:

被保险人提出保险要求,经保险人同意承保,并就海上保险合同的条款达成协议后,海事保险合同成立。

保险人应当及时向被保险人签发保险单者其他保险单证,并在保险单或者其他保险单证中载明当事人双方约定的合同内容。

合同订立前,被保险人应当将其知道的或者在通常业务中应当知道的有关影响保险人据以确定保险费率或者确定是否同意承保的重要情况,如实告知保险人。

保险人知道或者在通常业务中应当知道的情况,保险人没有询问的,被保险人无须告知。

例37:

Where the obligor delegates its obligations under a contract in whole or in part to a third person, such delegation is subject to consent by the obligee.