商事合同案件汇编 | 法宝双语案例
目录
Contents 1. 王某(WONG)与香港中成集团有限公司(HONG KONG ZHONG CHENG GROUP COMPANY LIMIT ED)等公司股权转让合同纠纷上诉案 Wong v. Hong Kong Zhong Cheng Group Co. Ltd. et al. (appeal case regarding dispute over an equity transfer contract) 2. 德国赛锡科技有限公司(SIC Processing GmbH)等与英利能源(中国)有限公司等加工合同纠纷上诉案 SIC Processing GmbH et al. v. Yingli Energy (China) Co., Ltd. et al. (appeal case of dispute over a processing contract) 3. 中国东方航空股份有限公司与ABDULWAHEED航空旅客运输合同纠纷上诉案 China Eastern Airlines Co., Ltd. v. ABDULWAHEED Airlines (appeal of case regarding dispute over a passenger transportation contract)
Wong v. Hong Kong Zhong Cheng Group Co. Ltd. et al. (appeal case regarding dispute over an equity transfer contract)
[Judgment Abstract]
According to the Company Law, the transfer of equity of limited liability companies shall be conducted in accordance with the company's bylaws. If the content of the company's bylaws indicates that a person appointed by the board of directors has the right to externally sign an agreement, and the equity transfer agreement signed by that person with others is in compliance with the company's bylaws after it is signed and stamped with the company seal, and the other party has fulfilled its duty of reasonable care when signing the contract, the equity transfer agreement is legal and valid.
[CLI Code] CLI.C.8897879(EN)
SIC Processing GmbH et al. v. Yingli Energy (China) Co., Ltd. et al. (appeal case of dispute over a processing contract)
[Judgment Abstract]
A supply agreement concluded by the three parties clearly stipulates that one's bankruptcy or loss of ability to perform contractual duties is a material breach of contract. Therefore, the other two parties are entitled to terminate the agreement due to one party's material breach of contract. Thus, a bankruptcy or loss of ability to perform contractual duties during the performance of the agreement constitutes a material breach of contract. Where the violating party claims that the conditions for termination of the agreement are not met on the grounds the main rights and obligations of the agreement belong to the other two parties, if the main obligor of the agreement does not go bankrupt or lose its performance ability, the court shall not support such a claim.
[CLI Code] CLI.C.10804103(EN)
China Eastern Airlines Co., Ltd. v. ABDULWAHEED Airlines (appeal of case regarding dispute over a passenger transportation contract)
[Judgment Abstract]
Airlines are not liable for flight delays caused by force majeure. However, the airline should take all necessary measures to avoid loss to passengers after a flight is delayed. If the airline fails to prove that it has taken necessary measures to avoid loss to passengers after the flight delay, it shall assume the liability of compensation for the loss of passengers.
[CLI Code] CLI.C.9698987(EN)
责任编辑:李泽鹏
稿件来源:北大法宝英文编辑组(Mani)
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