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中华人民共和国担保法英译本(8) |
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| 中华人民共和国担保法英译本(8) |
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作者：潍坊英语… 文章来源：不详 点击数： 更新时间：2007-4-10 18:27:04  |
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| Chapter 5 Lien Article 82 "Lien" as used in this Law means that the creditor shall possess the debtors movables according to the terms of the contract as provided by Article 84 of this Law. If the debtor defaults on his debt, the creditor shall be entitled to retain the property in accordance with the provisions of this Law and to the priority of having the debt paid with the money converted from the property or proceeds from sale or auction of the property. Article 83 The scope of guaranty of lien covers the principal claim and the interest thereof, default fine, compensation for damage, cost of preservation of the retained property and expenses for enforcing the lien. Article 84 In the event of any costs arising from a storage, transportation or processing contract, if the debtor defaults, the creditor shall have the right to retain the property. The provisions of the preceding paragraph shall be applicable to other contracts whereby the creditor has the right of retention as provided by law. The parties may specify in the contract the property that may not be retained. Article 85 Where the retained property can be divided, the value of the part retained shall be equal to the sum of the debt. Article 86 The lien holder shall have the obligation to maintain the retained property in good condition. The lien holder shall be civilly liable for loss or destruction of or damage to the retained property resulting from his negligence. Article 87 The creditor and the debtor shall stipulate in the contract that the debtor shall perform his obligation within not less than two months after the creditor takes possession of the debtors property. If the creditor and the debtor fail to stipulate the same in the contract, the creditor shall, after taking possession of the debtors property, fix a time limit of two months or more and notify the debtor to perform his obligation within such time limit . If the debtor defaults within the specified time limit, the creditor may convert the retained property into money upon agreement with the debtor, or may auction or sell the retained property according to law. Where the money converted from the retained property or the proceeds from auction or sale exceed the debt secured, their balance shall be paid to the debtor; where the money or proceeds do not cover the entire secured debt; the difference shall be paid by the debtor. Article 88 The right of retention shall lapse due to the following reasons: (1) the creditors right lapses; or (2) the debtor gives other security which is accepted by the creditor. Chapter 6 Deposit Article 89 The parties may agree that one party shall pay a deposit to the other for the security of a debt. After the debtor performs his obligation, the deposit shall either be retained as partial payment or be returned. If the party paying the deposit defaults, he shall have no right to demand the return of the deposit; if the party accepting the deposit defaults, he shall return twice the amount of the deposit. Article 90 The deposit shall be executed in written form. The parties shall specify the time limit for the delivery of the deposit in the deposit contract . The deposit contract shall become effective on the date of the actual delivery of the deposit. Article 91 The amount of the deposit shall be stipulated by the parties, but it shall not exceed 20 percent of the amount of the principal contract. Chapter 7 Supplementary Provisions Article 92 The "immovables" as used in this Law means land, and houses, forest, tress and other things firmly fixed on the land. The "movables" as used in this Law means things other than the immovables. Article 93 "Suretyship contract", "mortgage contract", "pledge contract" or "deposit contract" as used in this Law may be contract concluded separately in writing that includes the letters and telex in the nature of guaranty between the parties, or the guaranty clauses in the principal contract. Article 94 Where the mortgaged property, the pledged property or the retained property is converted into money or sold, the price shall be fixed with reference to the market price. Article 95 Where the Maritime Code and other laws have special provisions on guaranty, such provisions shall apply. Article 96 This Law shall be implemented as of October 1, 1995. |
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| 文章录入：苏老师 责任编辑：苏老师 |
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