shall be responsible for supervising and handling it in accordance with the provisions of laws and
administra ve regula ons.
Chapter V Preserva on of Contracts
Ar cle 535 Where a debtor’s right against a counterparty, or an accessory right related thereto, has not been
claimed against the counterparty owing to the debtor’s indolence, and the enforcement of the creditor’s due
claim is thus adversely a ected, the creditor may request the people's court to allow him to exercise by
subroga on the debtor's claim against the counterparty of the debtor in his own name, unless such claim
belongs exclusively to the debtor himself.
The scope of the right of subroga on is limited to the creditor's due claim. The necessary expenses for the
creditor to exercise the right of subroga on shall be borne by the debtor.
The counterparty’s defenses against the debtor may be asserted against the creditor.
Ar cle 536 Prior to the due date of the creditor’s claim, where there exists a circumstance under which the
limita on period for the debtor’s principal claim or an accessory claim related thereto is to expire, or the
debtor fails to mely declare his claim in a bankruptcy proceeding, and the enforcement of the creditor’s
claim is thus adversely a ected, the creditor may, by subroga on, request the counterparty of the debtor to
perform his obliga on to the debtor, declare the debtor’s claim to the bankruptcy administrator, or take
other necessary acts.
Ar cle 537 Where the people’s court determines that the right of subroga on has been established, the
counterparty of the debtor shall perform the obliga on to the creditor. A er the performance is accepted by
the creditor, the corresponding rights and obliga ons between the creditor and the debtor, and those
between the debtor and the counterparty, are terminated. Where the debtor’s claim or an accessory claim
related thereto against the counterparty is subject to preserva on or enforcement measures, or where the
debtor becomes bankrupt, it shall be dealt with in accordance with the provisions of the relevant laws.
Ar cle 538 Where a debtor gratuitously disposes of his proprietary rights and interests by waiving his claims,
waiving the security for his claims, or transferring his proper es without considera on, and the like, or
maliciously extends the period of performance of his due claim, and the enforcement of the creditor’s claim
is thus adversely a ected, the creditor may request the people's court to revoke the debtor's act.
Ar cle 539 Where a debtor transfers his property at an obviously unreasonably low price, takes another’s
property or provides security for another’s obliga on at an obviously unreasonable high price, and the
enforcement of the creditor’s claim is thus adversely a ected, the creditor may request the people’s court to
revoke the debtor’s act if the counterparty of the debtor knows or should have known such circumstance.
Ar cle 540 The scope of the right to revoca on shall be limited to the creditor’s claim. The necessary
expenses for the creditor to exercise the right to revoca on shall be borne by the debtor.
Ar cle 541 The right to revoca on shall be exercised within one year from the date on which the creditor
knows or should have known the cause for the revoca on. The right to revoca on shall be ex nguished
where a creditor does not exercise such right within ve years since the date on which the act of the debtor
occurs.
Ar cle 542 Where an act of the debtor adversely a ec ng the enforcement of the creditor’s claim is revoked,
such act does not have legal e ect ab ini o.
Chapter VI Modi ca on and Assignment of Contracts
Ar cle 543 The par es may modify the contract upon agreement through consulta on.
ti
ti
ti
ti
ti
ft
ti
ti
ti
ti
ff
ti
ti
fi
ti
ff
ti
ti
ti
ti
ti
ti
ti
ff
ff
ff
ti
ti
ti
ti
ti
ff
fi
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
60
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات