General

Article 122
If the breach of contract by either party causes infringement on the personal or property rights and interests to the other party, the injured party has the right to choose whether to demand that the breaching party bear the liability for breach of contract pursuant to this Law or bear the liability for infringement of rights in accordance with other laws
Article 128
The parties may settle contract disputes through consultations or mediation. If the parties are unwilling to resort to consultation or mediation, or such consultation or mediation fails, the parties may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may, according to the arbitration agreement, apply to a Chinese arbitration institution or any other arbitration institution for arbitration. If the parties have no arbitration agreement or the arbitration agreement is invalid, they may initiate an action in a people's court. The parties shall implement any legally effective judgment, arbitral award or letter of mediation; execute such orders; in case of a refusal to implement, the other party may apply to a people's court for execution
Article 129
The time limit for initiating legal proceedings or applying for arbitration regarding contracts of international sale of goods and contracts on technology import and export shall be four years, calculated from the day on which the party concerned is aware or ought to be aware of the infringement of its rights. The time limit for initiating legal proceedings or applying for arbitration regarding other contracts shall be governed by the provisions of relevant laws.
Article 8.109 (ex 3.109) - Clause Limiting or Excluding Remedies 440
Article 8.109 (ex 3.109) - Clause Limiting or Excluding Remedies 440
Remedies for non-performance may be excluded or restricted unless it would be contrary to good faith and fair dealing to invoke the exclusion or restriction. 441
§ 214 Evidence of Prior or Contemporaneous Agreements and Negotiations
§ 214 Evidence of Prior or Contemporaneous Agreements and Negotiations
Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible in evidence to establish
(a) that the writing is or is not an integrated agreement;
(b) that the integrated agreement, if any, is completely or partially integrated;
(c) the meaning of the writing, whether or not integrated;
(d) illegality, fraud, duress, mistake, lack of consideration, or other invalidating cause;
(e) ground for granting or denying rescission, reformation, specific performance, or other remedy.
CHAPTER 16 – REMEDIES
Topic 1 - In General
§ 344 Purposes of Remedies
Judicial remedies under the rules stated in this Restatement serve to protect one or more of the following interests of a promisee:
(a) his "expectation interest," which is his interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performed,
(b) his "reliance interest," which is his interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, or
(c) his "restitution interest," which is his interest in having restored to him any benefit that he has conferred on the other party.
§ 345 Judicial Remedies Available The judicial remedies available for the protection of the interests stated in § 344 include a judgment or order
(a) awarding a sum of money due under the contract or as damages,
(b) requiring specific performance of a contract or enjoining its non-performance,
(c) requiring restoration of a specific thing to prevent unjust enrichment,
(d) awarding a sum of money to prevent unjust enrichment,
(e) declaring the rights of the parties, and
(f) enforcing an arbitration award.
Topic 5 - Preclusion by Election and Affirmance
§ 378 Election Among Remedies
If a party has more than one remedy under the rules stated in this Chapter, his manifestation of a choice of one of them by bringing suit or otherwise is not a bar to another remedy unless the remedies are inconsistent and the other party materially changes his position in reliance on the manifestation.

Article 10.Limits for the exercise of civil rights.

Article 10. Limits for the exercise of civil rights.
1. Citizens and legal persons are banned from actions undertaken exclusively with the intention of inflicting damage on other persons, as well as from the misuse of a right in any other form. The use of civil rights for the purposes of setting bounds to competition, as well as the abuse of domination on the market are not permitted.
2. If the requirements specified in pt. 1 of this article are not observed, the court of law or court of arbitration can deny the person protecting the right belonging to him.
3. In the cases when the law makes protection of civil rights dependent on whether these rights have been exercised reasonably and conscientiously, reasonable actions and conscientious of participants in civil relations at law are presupposed.
Article 11. Judicial protection of civil rights.
Article 11. Judicial protection of civil rights
1. Protection of violated or disputed civil rights is carried out by the court of law, court of arbitration or arbitration tribunal (hereafter referred to as "court") according to the jurisdiction for cases laid down by procedural legislation.
2. Protecting civil rights administrative is possible only in the cases specified by the law. An administrative made decision can be appealed to the court.
Article 12. Ways of protecting civil rights.
Civil rights can be protected by way of:
recognizing the right; y restoring the status quo as it existed before the breach of the right and preventing actions that violate the right or create a threat of its violation;
recognizing a disputable transaction as invalid and applying consequences of its invalidity, applying consequences of invalidity of the null transaction;
recognizing an act of the state agency or local self-government body as invalid;
self-protection of the right;
adjudging to the execution of the duty;
compensating for losses;
enforcing a penalty;
undoing moral damage;
terminating or changing the legal relation;
non-use by the court of the law-conflicting act issued by a state agency or local self-government body; y other methods provided for by the law.
Article 14. Self-protection of civil rights.
Self-protection of civil rights is permissible. Self-protection methods should be adequate to the breach and never surpass the scope of actions required to prevent it.
Article 318. The Increase of the Amounts, Paid Out for the Maintenance of the Citizen
Article 318. The Increase of the Amounts, Paid Out for the Maintenance of the Citizen
The amount, paid out by the direct pecuniary obligation for the maintenance of the citizen: to recompense for the harm, inflicted to the life or to the health, by the contract for a life maintenance, and in the other cases - shall be indexed taking into account the level of the inflation in the procedure and cases stipulated by law.