(特别声明:帖子中的每个字系鄙人亲手输入,希望同仁也有耐心读完,以期共同提高)General Conditions (通用条款)1.1 In the contract (as hereinafter defined) the following words and expressions should have the meaning hereby assigned to them, except where the context otherwise required.
General Conditions (通用条款)
1.1 In the contract (as hereinafter defined) the following words and expressions should have the meaning hereby assigned to them, except where the context otherwise required.
Employer: Employer means the person names as such in the Part II of these conditions and the legal successor in title to such person, but not (except with the consent of the contractor) any assignee to such person.
Contractor: Contractor means the person whose tender has been excepted by the employer and the legal successor in title to such person, but not (except with the consent of the contractor) any assignee to such person.
Subcontractor: Subcontractor means any person named in the contract as a Subcontractor for a part of Works or any person to whom a part of Works has been subcontracted with the consent of the Engineer or the legal successor in title to such person, but not any assignee to such person.
Engineer: Engineer means the person appointed by Employer to act as engineer for the purpose of the contract and named as such in the Parts II of these conditions.
关于通用条款中合同双方和监理人词语定义的评析:
雇主(即中文合同中的发包人)、承包商(人)、分包商(人)、(监理)工程师等词语也日益普及中文合同文件,但从字面上看,很多的中文合同文件定义没有上述文中定义准确。比如:所有的关于人的定义翻译成中文后大多是“当事人”,但在上文定义中,指明第一为专用合同中写明的人或法人,同时对其范围也做了界定。因此,中文合同的内涵及外延更为深刻。