Order No. 77 of the State Administration for Market Regulation Promulgating the Administrative Supervision and Management Measures for Contracts.
Country
Type of law
Regulation
Abstract
These Measures, consisting of 23 Articles, are formulated in accordance with the Civil Code, the Law on the Protection of Consumers' Rights and Interests, aiming to maintain the order of the market economy and protect the national interests, social and public interests and the legitimate rights and interests of consumers.
When entering into contracts with consumers, business operators shall not use format clauses and other means to make provisions that increase consumers' responsibilities, exclude or limit consumers' rights. Article 8 prescribes the contents which shall not be contained in the format terms, including: (1) Requiring consumers to bear business risks that should be borne by business operators according to law; (2) Excluding or restricting consumers' right to independently choose goods or services according to law; (3) Excluding or restricting consumers' right to modify or terminate the contract according to law; etc.
The Measures further make provisions on offences and penalties.
When entering into contracts with consumers, business operators shall not use format clauses and other means to make provisions that increase consumers' responsibilities, exclude or limit consumers' rights. Article 8 prescribes the contents which shall not be contained in the format terms, including: (1) Requiring consumers to bear business risks that should be borne by business operators according to law; (2) Excluding or restricting consumers' right to independently choose goods or services according to law; (3) Excluding or restricting consumers' right to modify or terminate the contract according to law; etc.
The Measures further make provisions on offences and penalties.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
国家市场监督管理总局令第77 号公布合同行政监督管理办法.