BIZCHINA / Company laws
Contract Law of the People's Republic of China
Updated: 2006-04-17 10:00
Article 21 An acceptance is a statement made by the offeree indicating
assent to an offer.
Article 22 Except that it is based on transaction practices or that the
offer indicates an acceptance may be made by performing an act, the
acceptance shall be made by means of notice.
Article 23 An acceptance shall reach the offeror within the time limit
fixed in the offer.
Where no time is fixed in the offer, the acceptance shall arrive in
accordance with the following provisions:
(1) If the offer is made in dialogues, the acceptance shall be made
immediately except as otherwise agreed upon by the parties;
(2) If the offer is made in forms other than a dialogue, the acceptance
shall arrive within a reasonable period of time.
Article 24 Where the offer is made in a letter or a telegram, the time
limit for acceptance commences from the date shown in the letter or from
the moment the telegram is handed in for dispatch. If no such date is
shown in the letter, it commences from the date shown on the envelope.
Where an offer is made by means of instantaneous communication, such as
telephone or facsimile, the time limit for acceptance commences from the
moment that the offer reaches the offeree.
Article 25 A contract is established when the acceptance becomes
effective.
Article 26 An acceptance becomes effective when its notice reaches the
offeror. If an acceptance needn't be notified, it becomes effective when
an act of acceptance is performed in accordance with transaction
practices or as required in the offer.
Where a contract is concluded in the form of data-telex, the time when an
acceptance arrives shall apply the provisions of Paragraph 2, Article 16
of this law.
Article 27 An acceptance may be withdrawn, but a notice of withdrawal
shall reach the offeror before the notice of acceptance reaches the
offeror or at the same time when the acceptance reaches the offeror.
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