Article 63 Performance at Government Mandated1 Price
Where a contract is to be implemented2 at a price mandated by the government or based on government issued pricing guidelines, if the government adjusts the price during theprescribed period of delivery, the contract price shall be the price at the time of delivery. Where a party delays in delivering the subject matter, the original price applies if the price has increased, and the new price applies if the price has decreased. Where a party delays in taking delivery or making payment, the new price applies if the price has increased, and the original price applies if the price has decreased.
第六十四条 当事人约定由债务人向第三人履行债务的,债务人未向第三人履行债务或者履行债务不符合约定,应当向债权人承担违约责任。
Article 64 Performance toward a Third Person
Where the parties prescribed that the obligor render performance to a third person, if the obligor fails to render its performance to the third person, or rendered non-conforming performance, it shall be liable to the obligee3 for breach4 of contract.
第六十五条 当事人约定由第三人向债权人履行债务的,第三人不履行债务或者履行债务不符合约定,债务人应当向债权人承担违约责任。
Article 65 Performance by a Third Person
Where the parties prescribed that a third person render performance to the obligee, if the third person fails to perform or rendered non-conforming performance, the obligor shall be liable to the obligee for breach of contract.
第六十六条 当事人互负债务,没先后履行顺序的,应当同时履行。一方在他们履行之前有权拒绝其履行需要。一方在他们履行债务不符合约定时,有权拒绝其相应的履行需要。
Article 66 Simultaneous Performance
Where the parties owe performance toward each other and there is no order of performance, the parties shall perform simultaneously5. Prior to performance by the other party, one party is entitled to reject its requirement for performance. If the other party rendered non-conforming performance, one party is entitled to reject its corresponding requirement for performance.
第六十七条 当事人互负债务,有先后履行顺序,先履行一方未履行的,后履行一方有权拒绝其履行需要。先履行一方履行债务不符合约定的,后履行一方有权拒绝其相应的履行需要。
Article 67 Consecutive6 Performance
Where the parties owe performance toward each other and there is an order of performance, prior to performance by the party required to perform first, the party who is to perform subsequently is entitled to reject its requirement for performance. If the party required to perform first rendered non-conforming performance, the party who is to perform subsequently is entitled to reject its corresponding requirement for performance.
第六十八条 应当先履行债务的当事人,有确切证据证明他们有下列情形之一的,可以暂停履行:
(一)经营情况紧急恶化;
(二)转移财产、抽逃资金,以逃避债务;
(三)丧失商业信誉;
(四)有丧失或者可能丧失履行债务能力的其他情形。
当事人没确切证据暂停履行的,应当承担违约责任。
Article 68 Right to Suspend Performance
The party required to perform first may suspend its performance if it has conclusive7 evidence establishing that the other party is in any of the following circumstances:
Its business has seriously deteriorated8;
It has engaged in transfer of assets or withdrawal9 of funds for the purpose of evading10 debts;
It has lost its business creditworthiness;
It is in any other circumstance which will or may cause it to lose its ability to perform.
Where a party suspends performance without conclusive evidence, it shall be liable for breach of contract.
第六十九条 当事人根据本法第六十八条的规定暂停履行的,应当准时公告他们。他们提供适合担保时,应当恢复履行。暂停履行后,他们在合理期限内未恢复履行能力并且未提供适合担保的,暂停履行的一方可以解除合同。
Article 69 Notification upon Suspension of Performance; Termination
If a party suspends its performance in accordance with Article 68 hereof, it shall timely notify the other party. If the other party provides appropriate assurance for its performance, the party shall resume performance. After performance was suspended, if the other party fails to regain11 its ability to perform and fails to provide appropriate assurance within a reasonable time, the suspending party may terminate the contract.
第七十条 债权人分立、合并或者变更住所没公告债务人,导致履行债务发生困难的,债务人可以暂停履行或者将标的物提存。
Article 70 Difficulty in Rendering12 Performance Due to Combination
Where after effecting combination, pision, or change of domicile, the obligee failed to notify the obligor, thereby13 making it difficult to render performance, the obligor may suspend its performance or place the subject matter in escrow.