民法典标准英腔女声朗读Article512~530

民法典标准英腔女声朗读Article512~530

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Article 512
      Where the object of an electronic contract concluded through internet or other information network is the delivery of goods and the goods are to be delivered by express delivery services, the time of delivery is the time of acknowledging receipt of the goods by the recipient. Where the object of the said electronic contract is the provision of services, the time for provision of the service is the time stated in the automatic generated electronic certificate or physical certificate. Where there is no time stated in such a certificate or the time stated therein is inconsistent with the actual time for provision of the service, the actual time for provision of the service shall prevail.
      Where the subject matter of the said electronic contract is delivered by online transmission, the time of delivery is the time when the subject matter of the contract enters the specific system designated by the other party and can be searched and identified.
      Where the parties to the said electronic contract agree otherwise on the mode and time of delivery of goods or provision of services, such agreement shall be complied with.
      第五百一十二条  通过互联网等信息网络订立的电子合同的标的为交付商品并采用快递物流方式交付的,收货人的签收时间为交付时间。电子合同的标的为提供服务的,生成的电子凭证或者实物凭证中载明的时间为提供服务时间;前述凭证没有载明时间或者载明时间与实际提供服务时间不一致的,以实际提供服务的时间为准。
  电子合同的标的物为采用在线传输方式交付的,合同标的物进入对方当事人指定的特定系统且能够检索识别的时间为交付时间。
  电子合同当事人对交付商品或者提供服务的方式、时间另有约定的,按照其约定。

Article 513
      Where a government-set or government-guided price is adopted in a contract, if the said price is adjusted within the delivery period stipulated in the contract, the contract price shall be the price as adjusted at the time of delivery. Where an overdue delivery of the subject matter occurs, the contract price shall be the original price if the price rises at the time of delivery, or the price as adjusted if the price falls at the time of delivery. Where a delayed delivery of the subject matter or an overdue payment occurs, the contract price shall be the price as adjusted if the price rises, or the original price if the price falls.
      第五百一十三条  执行政府定价或者政府指导价的,在合同约定的交付期限内政府价格调整时,按照交付时的价格计价。逾期交付标的物的,遇价格上涨时,按照原价格执行;价格下降时,按照新价格执行。逾期提取标的物或者逾期付款的,遇价格上涨时,按照新价格执行;价格下降时,按照原价格执行。

Article 514
      Where an obligation is payment of money, unless otherwise provided by law or agreed by the parties, the creditor may request the debtor to perform the obligation by the lawful currency of the place of actual performance.
      第五百一十四条  以支付金钱为内容的债,除法律另有规定或者当事人另有约定外,债权人可以请求债务人以实际履行地的法定货币履行。

Article 515
      Where a contract has multiple objects and the debtor is required to perform only one of them, the debtor has the right of choice to choose the object to perform, unless otherwise provided by law or agreed by the parties, or otherwise determined by the course of dealing.
      Where the party with the right of choice fails to make the choice within the agreed period or upon expiration of the period of performance, and still fails to make the choice within a reasonable period of time after being demanded, the right of choice shall be shifted to the other party.
      第五百一十五条  标的有多项而债务人只需履行其中一项的,债务人享有选择权;但是,法律另有规定、当事人另有约定或者另有交易习惯的除外。
  享有选择权的当事人在约定期限内或者履行期限届满未作选择,经催告后在合理期限内仍未选择的,选择权转移至对方。

Article 516
      A party shall promptly notify the other party when exercising the right of choice, and the object of the contract to be performed shall be ascertained at the time when such notice reaches the other party. The ascertained object shall not be changed, unless otherwise consented to by the other party.
      Where one of the objects available for choice becomes impossible to perform, the party with the right of choice shall not choose such object to perform, unless the impossibility to perform is caused by the other party.
      第五百一十六条  当事人行使选择权应当及时通知对方,通知到达对方时,标的确定。标的确定后不得变更,但是经对方同意的除外。
  可选择的标的发生不能履行情形的,享有选择权的当事人不得选择不能履行的标的,但是该不能履行的情形是由对方造成的除外。

Article 517 

       Where there are two or more creditors, if the object is divisible and each creditor is entitled to the claim in proportion to his own share, then the claim is a claim by share; where there are two or more debtors, if the object is divisible and each debtor assumes the obligation in proportion to his own share, then the obligation is an obligation by share.

       Where it is difficult to determine the share among the creditors with a claim by share or the debtors with an obligation by share, each is deemed to have or assume an equal share. 

       第五百一十七条 债权人为二人以上,标的可分,按照份额各自享有债权的,为按份债权;债务人为二人以上,标的可分,按照份额各自负担债务的,为按份债务。

    按份债权人或者按份债务人的份额难以确定的,视为份额相同。

展开Show Notes
ASUKA_13
ASUKA_13
2025.8.30
Article 530
A creditor may reject the debtor’s early performance of the obligation, unless the early performance is not detrimental to the interests of the creditor.
Any additional expenses incurred to the creditor due to the debtor’s early performance of the obligation shall be borne by the debtor.
第五百三十条 债权人可以拒绝债务人提前履行债务,但是提前履行不损害债权人利益的除外。
债务人提前履行债务给债权人增加的费用,由债务人负担。
ASUKA_13
ASUKA_13
2025.8.30
Article 527
A party obligated to perform the obligation first may suspend his performance if there is definite evidence proving that the other party falls under any of the following situations:
(1) its operating conditions are seriously deteriorated;
(2) it transfers property or withdraws capital to evade debts;
(3) the good will of its business has been lost; or
(4) there’s another circumstance under which it has lost or is losing its ability to perform the obligation.
A party that suspends the performance with no such definite evidence shall bear default liability.
第五百二十七条 应当先履行债务的当事人,有确切证据证明对方有下列情形之一的,可以中止履行:
(一)经营状况严重恶化;
(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。
当事人没有确切证据中止履行的,应当承担违约责任。

Article 528
A party who suspends performance in accordance with the provisions of the preceding Article shall notify the other party in a timely manner. The performance shall be resumed if the other party provides an appropriate bond. After a party suspends its performance, where the other party fails to restore his ability to perform the obligation and fails to provide an appropriate bond within a reasonable period of time, it shall be deemed to be an indication through his act that the party will not perform his principal obligation, and the party that suspends the performance may cancel the contract and may request the other party to bear default liability.
第五百二十八条 当事人依据前条规定中止履行的,应当及时通知对方。对方提供适当担保的,应当恢复履行。中止履行后,对方在合理期限内未恢复履行能力且未提供适当担保的,视为以自己的行为表明不履行主要债务,中止履行的一方可以解除合同并可以请求对方承担违约责任。

Article 529
Where a debtor’s performance of an obligation has become difficult owing to the reason that the creditor fails to notify the debtor that it has split into two or more entities, merges with another entity, or changed its domicile, the debtor may suspend performance or place the subject matter in escrow.
第五百二十九条 债权人分立、合并或者变更住所没有通知债务人,致使履行债务发生困难的,债务人可以中止履行或者将标的物提存。
ASUKA_13
ASUKA_13
2025.8.30
Article 524
Where a debtor fails to perform an obligation, and a third person has an lawful interest in the performance of the obligation, the third person is entitled to perform it to the creditor on behalf of the debtor, unless the obligation may only be performed by the debtor based on the nature of the obligation, as agreed by the parties, or as provided by law.
After the creditor accepts the performance of such obligation by the third person, his claim against the debtor shall be assigned to the third person, unless otherwise agreed by the debtor and the third person.
第五百二十四条 债务人不履行债务,第三人对履行该债务具有合法利益的,第三人有权向债权人代为履行;但是,根据债务性质、按照当事人约定或者依照法律规定只能由债务人履行的除外。
债权人接受第三人履行后,其对债务人的债权转让给第三人,但是债务人和第三人另有约定的除外。

Article 525
Where the parties have mutual obligations to each other and there is an order of performance of the obligations, the parties shall perform the obligations at the same time. Any party has the right to reject the other party's request for performance before the other party performs. Any party has the right to reject the other party's request for the corresponding performance if the other party’s performance does not conform to the agreement.
第五百二十五条 当事人互负债务,没有先后履行顺序的,应当同时履行。一方在对方履行之前有权拒绝其履行请求。一方在对方履行债务不符合约定时,有权拒绝其相应的履行请求。

Article 526
Where the parties have mutual obligations to each other and there is an order of performance of the obligations, if the party obligated to perform first fails to perform the obligation, the party obligated to perform later has the right to reject the request for performance made by that party. Where the performance of the party obligated to perform first does not conform to the agreement, the party obligated to perform later has the right to reject the request made by the former party for performance of the corresponding obligation.
第五百二十六条 当事人互负债务,有先后履行顺序,应当先履行债务一方未履行的,后履行一方有权拒绝其履行请求。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请求。
ASUKA_13
ASUKA_13
2025.8.30
Article 521
Where it is difficult to determine the share among the creditors with joint and several claims, each creditor is deemed to have an equal share.
A creditor who has accepted the performance of obligation in excess of his own share shall reimburse the other creditors with joint and several claims with him on a pro rata basis.
The relevant provisions on a joint and several obligation in this Chapter may be applied to a joint and several claim mutatis mutandis.
第五百二十一条 连带债权人之间的份额难以确定的,视为份额相同。实际受领债权的连带债权人,应当按比例向其他连带债权人返还。
连带债权参照适用本章连带债务的有关规定。

Article 522
Where the parties agree that the debtor shall perform the obligation to a third person, if the debtor fails to perform the obligation to the third person or the performance does not conform to the agreement, the debtor shall bear default liability to the creditor.
Where it is provided by law or agreed by the parties that a third person may directly request the debtor to perform the obligation to him, and the third person does not explicitly reject it within a reasonable period of time, if the debtor fails to perform the obligation to the third person or the performance does not conform to the agreement, the third person may request the debtor to bear default liability. The defenses that the debtor has against the creditor may be asserted against the third person.
第五百二十二条 当事人约定由债务人向第三人履行债务,债务人未向第三人履行债务或者履行债务不符合约定的,应当向债权人承担违约责任。
法律规定或者当事人约定第三人可以直接请求债务人向其履行债务,第三人未在合理期限内明确拒绝,债务人未向第三人履行债务或者履行债务不符合约定的,第三人可以请求债务人承担违约责任;债务人对债权人的抗辩,可以向第三人主张。

Article 523
Where the parties agree that the obligation shall be performed by a third person to the creditor, if the third person fails to perform the obligation or the performance does not conform to the agreement, the debtor shall bear default liability to the creditor.
第五百二十三条 当事人约定由第三人向债权人履行债务,第三人不履行债务或者履行债务不符合约定的,债务人应当向债权人承担违约责任。
ASUKA_13
ASUKA_13
2025.8.30
Article 520
Where one of the debtors assuming joint and several liabilities has performed his obligation, offset his obligation, or placed the subject matter of the obligation in escrow, the obligation of the other debtors owed to the creditor is extinguished to the corresponding extent, and such a debtor has the right to contribution against the other debtors in accordance with the provisions of the preceding Article.
Where the obligation of one of the debtors assuming joint and several liabilities is discharged by the creditor, the obligation of the other debtors assuming joint and several liabilities owed to the creditor is extinguished to the extent of the share that such a debtor assumes.
Where the obligation of one of the debtors assuming joint and several liabilities has merged with the claim of the creditor to be held by the same person, after deducting such share of obligation, the creditor’s claim against the other debtors assuming joint and several liabilities continues to exist.
Where a creditor delays in accepting the performance of one of the debtors assuming joint and several liabilities, such delay takes effect on the other debtors assuming joint and several liabilities.
第五百二十条 部分连带债务人履行、抵销债务或者提存标的物的,其他债务人对债权人的债务在相应范围内消灭;该债务人可以依据前条规定向其他债务人追偿。
部分连带债务人的债务被债权人免除的,在该连带债务人应当承担的份额范围内,其他债务人对债权人的债务消灭。
部分连带债务人的债务与债权人的债权同归于一人的,在扣除该债务人应当承担的份额后,债权人对其他债务人的债权继续存在。
债权人对部分连带债务人的给付受领迟延的,对其他连带债务人发生效力。
ASUKA_13
ASUKA_13
2025.8.30
Article 518
Where there are two or more creditors, and any or all of the creditors may request the debtor to perform the obligation, their claim is a joint and several claim; where there are two or more debtors, and the creditor can request any or all of the debtors to perform the full obligation, the obligation is a joint and several obligation.
A joint and several claim or a joint and several obligation shall be provided by law or agreed by the parties.
第五百一十八条 债权人为二人以上,部分或者全部债权人均可以请求债务人履行债务的,为连带债权;债务人为二人以上,债权人可以请求部分或者全部债务人履行全部债务的,为连带债务。
连带债权或者连带债务,由法律规定或者当事人约定。

Article 519
Where it is difficult to determine the share of obligation among the debtors assuming joint and several liabilities, each debtor is deemed to owe an equal share.
A debtor assuming joint and several liabilities who has assumed obligation in excess of his own share has the right to contribution against the other debtors assuming joint and several liabilities to the extent of the share not performed by the other debtors, and accordingly shall be entitled to the rights of a creditor, provided that the other creditors’ interests shall not be harmed. The defenses of the other debtors assuming joint and several liabilities against the creditor may be asserted against such a debtor.
Where a debtor assuming joint and several liabilities against whom the right to contribution is claimed is unable to perform the share he is liable to assume, the other debtors assuming joint and several liabilities shall be liable for the relevant part of the obligation on a pro rata basis.
第五百一十九条 连带债务人之间的份额难以确定的,视为份额相同。
实际承担债务超过自己份额的连带债务人,有权就超出部分在其他连带债务人未履行的份额范围内向其追偿,并相应地享有债权人的权利,但是不得损害债权人的利益。其他连带债务人对债权人的抗辩,可以向该债务人主张。
被追偿的连带债务人不能履行其应分担份额的,其他连带债务人应当在相应范围内按比例分担。