单词 | Executed contract |
释义 | 已履行的合約 A contract is treated as being executed if any parties to the contract have fully performed his or her obligations. Relative to an executory contract, the rights given by law under an executed contract are more limited: Twinkle Step Investment Ltd v Smart International Industrial Ltd [1999] 4 HKC 441 (CFA). In the law of sale of goods, an agreement to sell is often called an executory contract of sale, whereas a sale is called for distinction on an executed contract of sale, which is a contract plus a conveyance: Halsbury’s Laws of Hong Kong, Vol 23, Sale of Goods [355.027]. See also Contract; Executory contract; Specific performance. 如任何締約方已充分履行他/她的責任,則有關的合約會被視為已履行的合約。相對於未來有效的合約而言,法律給予已簽立的合約的權利較為有限:Twinkle Step Investment Ltd v Smart International Industrial Ltd [1999] 4 HKC 441 (終審法院)。就貨品售賣法而言,鑒於須就已履行售賣合約(合約暨轉易書)的售賣作出區別,售賣協議通常稱為未來有效的售賣協議:Halsbury’s Laws of Hong Kong, 第23冊,貨品售賣,第[355.027]段。另見 Contract; Executory contract; Specific performance。 |
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