Zhang Yuging-Huang Danhan difference which may be stressed as regards the approach adopted in dealing with cases where the time limit for performance is unclear:whereas Article 6.1.1(c)of the UNIDROIT Principles provides that in such cases,performance must take place "within a reasonable time after the conclusion of the contract,"under Article 62 of the new Contract Law,the obligor may fulfil the obligations towards the obligee at any time; the obligee may also at any time require that the obligor perform its obligations provided it gives the latter time to make the necessary preparations. 9.Liability for breach of contract The concept of "non-performance"illustrated by Chapter 7 of the UNIDROIT Principles is regarded as "breach of contract"in Chinese legal thinking.Some of the rules set forth in Chapter 7 of the new Contract Law,entitled "Liability for Breach of Contract" (Articles 108-112,114 and 118-120),closely resemble those set forth in the UNIDROIT Principles,in particular as regards non-performance of monetary obligations,non- performance of non-monetary obligations,anticipatory non-performance,cure and replacement of defective performance,right to damages,agreed payment for non- performance,force majeure,mitigation of harm,and harm due in part to aggrieved party Il.SOME SPECIAL FEATURES OF THE NEW CONTRACT LAW 1. Some restrictions on form of contract The UNIDROIT Principles apply freedom of form as a general rule for the conclusion of a contract(but see Comment(2)to Article 1.2).Although the new Contract Law,too, provides that as a rule,the contract may be concluded orally(cf.supra),Article 10.2 states that "where the law or administrative requlations so require,the contract shall be in writing." This restriction of the general principle was found necessary on account of the existence,in China,of a number of domestic laws and regulations which specifically require the contract to be concluded in writing (e.g.,the Chinese Guarantee Law in respect of guarantee contracts).In practice,furthermore,in some cases the parties may have difficulty coping with a contract in oral form,while the courts for their part may not find it easy to settle disputes arising from a contract not concluded in writing.In this sense,the new Contract Law reflects Chinese reality.However,it still leaves room for manoeuvre in implementing this restriction,as illustrated in Article 36: "When a contract is required to be in written form in accordance with the law and administrative regulations or with the agreement of the parties,the contract shall be deemed concluded even though it was not in writing,when one party has performed the principal obligation and the other party has received it." This approach of upholding the contract notwithstanding its non-compliance with a formal requirement highlights the substantial progress made by the new Chinese Contract Law in international practice,in harmony with the general 436 Unif.L.Rev.2000-3Zhang Yuqing – Huang Danhan 436 Unif. L. Rev. 2000-3 difference which may be stressed as regards the approach adopted in dealing with cases where the time limit for performance is unclear: whereas Article 6.1.1(c) of the UNIDROIT Principles provides that in such cases, performance must take place “within a reasonable time after the conclusion of the contract,” under Article 62 of the new Contract Law, the obligor may fulfil the obligations towards the obligee at any time; the obligee may also at any time require that the obligor perform its obligations provided it gives the latter time to make the necessary preparations. 9. Liability for breach of contract The concept of “non-performance“ illustrated by Chapter 7 of the UNIDROIT Principles is regarded as “breach of contract“ in Chinese legal thinking. Some of the rules set forth in Chapter 7 of the new Contract Law, entitled “Liability for Breach of Contract“ (Articles 108-112, 114 and 118-120), closely resemble those set forth in the UNIDROIT Principles, in particular as regards non-performance of monetary obligations, non￾performance of non-monetary obligations, anticipatory non-performance, cure and replacement of defective performance, right to damages, agreed payment for non￾performance, force majeure, mitigation of harm, and harm due in part to aggrieved party. II. – SOME SPECIAL FEATURES OF THE NEW CONTRACT LAW 1. Some restrictions on form of contract The UNIDROIT Principles apply freedom of form as a general rule for the conclusion of a contract (but see Comment (2) to Article 1.2). Although the new Contract Law, too, provides that as a rule, the contract may be concluded orally (cf. supra), Article 10.2 states that “where the law or administrative regulations so require, the contract shall be in writing.“ This restriction of the general principle was found necessary on account of the existence, in China, of a number of domestic laws and regulations which specifically require the contract to be concluded in writing (e.g., the Chinese Guarantee Law in respect of guarantee contracts). In practice, furthermore, in some cases the parties may have difficulty coping with a contract in oral form, while the courts for their part may not find it easy to settle disputes arising from a contract not concluded in writing. In this sense, the new Contract Law reflects Chinese reality. However, it still leaves room for manoeuvre in implementing this restriction, as illustrated in Article 36: “When a contract is required to be in written form in accordance with the law and administrative regulations or with the agreement of the parties, the contract shall be deemed concluded even though it was not in writing, when one party has performed the principal obligation and the other party has received it.“ This approach of upholding the contract notwithstanding its non-compliance with a formal requirement highlights the substantial progress made by the new Chinese Contract Law in international practice, in harmony with the general