合同通用条款之追偿权条款

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合同特别是担保合同中常常会出现二人以上承担连带责任的情况。中华人民共和国民法典第一百七十八条规定,二人以上依法承担连带责任的,权利人有权请求部分或者全部连带责任人承担责任。因而追偿权(Right of Recourse)往往是合同中必备的条款。以下为一些合同中有关追偿权条款的双语示例,供参考:


示例一:


Right of recourse. It is divided into the right of recourse to Party B and the right of recourse to the buyer of the commercial contract. The right of recourse against Party B means that after Party A has financed the accounts receivable of Party B, in case of delay, refusal or inability of payment by the Buyer under the Business Contract, Party B fails to transfer the payment to Party A in full amount in time after receiving the payment from the Buyer under the Business Contract or other circumstances specified in the Contract, Party A shall have the right to demand Party B to repay the overdue financing principal and financing interest of Party B Funds for overdue interest, liquidated damages, damages and other related expenses. That is to say, no matter for what reason the accounts receivable are not paid to Party A in time when they are due, Party A has complete and unconditional recourse to Party B. The right of recourse to the buyer of the commercial contract refers to the right of recourse of Party A, as the obligee, to the buyer when the buyer fails to make full payment in time as agreed in the commercial contract after receiving the accounts receivable. At any time, whether Party A exercises one of the rights of recourse does not affect its exercise of the other right of recourse.

追偿权。追偿权分为对乙方的追偿权以及对商业合同买方的追偿权。对乙方的追偿权指甲方为乙方的应收账款进行融资后,如买方延迟、拒绝或无法依照业务合同进行付款,而乙方未能在收到业务合同项下的款项后按期将该款项足额转账给甲方或在合同规定其他情况下,甲方应有权要求乙方偿还逾期本金及利息、违约金、损害赔偿金及其他相关费用。即,无论出于何等原因,应收账款未于到期应付时支付给甲方,甲方均对乙方拥有完全且无条件的追偿权。对商业合同买方的追偿权指在买方在收到应收账款后未能按照商业合同约定的时间按期足额将该等款项转账给甲方时,甲方作为债权人拥有的权利。在任何时候,无论甲方是否有行使其中一项追索权,均不影响其行使其他追索权。


Right of recourse. 

8.1 The Guarantor hereby agrees not to exercise the Rights of Recourse or any other right (including, exercised through interim measures such as the interim attachment, by offset or by any other means), and not to exercise any action or undertake anything that may be connected with these Rights of Recourse or other equivalent rights, except when a contrary intention is expressed herein, or when it is authorized in writing by the Bondholders, until the Secured Bonds have been fully and irrevocably paid.

追偿权

8.1 担保人谨此同意不行使追偿权或任何其他权利(包括通过临时扣押等临时举措、抵消或其他方式行使),并同意不采取可能与此类追偿权或其他同等权利相关的任何行动或作为,除非本协议有明确规定相反意图,或在债券持有人进行书面授权的情况下,直至担保债权已得到全额且不可撤销的支付。

示例三:


第四条 甲方的追偿权

Clause 4 Party A’s Right of Recourse


甲方在按照本合同第二条第三款的约定履行了担保义务代乙方清偿债务后,有权要求乙方在甲方指定期限内一次性足额归还甲方代偿的全部款项以及赔偿自代偿付款之日起的利息(按银行同期贷款利率计算)损失、违约金、追偿所需的律师费、甲方实现债权的费用以及甲方履行担保责任所支付的其他费用和遭受的损失等。

If Party A has fulfilled the guarantee obligation to satisfy the debts on behalf of Party B in accordance with the provisions of Paragraph 3 of Clause 2 hereof, Party A shall have the right to require Party B to fully repay in one lump sum all such sums as reimbursed by Party A on its behalf during the period designated by Party A and compensate Party A against the loss of interest (as calculated at the loan interest rate published by the bank for the same period) from the reimbursement date, liquidated damages, attorneys’ fees required for recovery of compensation, costs incurred by Party A for realizing claims, and other costs paid and losses sustained by Party A in fulfilling the guarantee obligation.


发布于 2022-07-29 09:36:35
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