What constitutes a contract and what are the components of the contract

What you want to ask must be the constituent elements of the contract

The formation of a contract is an agreement between the parties on the main terms of the contract, that is, the contract is formed because the promise takes effect, so the conditions for the formation of the contract are generally the conditions for the acceptance to take effect. Article 8 of the Contract Law stipulates that "a contract established in accordance with law shall be legally binding on the parties.

Here, the premise for the "establishment" of the contract is "according to law", which means that the formation of the contract should have the statutory constitutive elements. According to the provisions of Chapter II of the Contract Law on the conclusion of a contract, including the qualification of the subject of the contract, the form of the contract, the content of the contract, and the process of concluding the contract, it can be seen that the requirements for the formation of a contract generally include: first, the subject of the contract must have one or more parties; It is impossible for one of the parties to have an agreement and therefore a contract cannot be formed.

Second, the content of the contract must have the necessary terms of the contract. Third, the procedure for concluding a contract must go through two stages: offer and acceptance, and reach an agreement, which is the fundamental and substantive condition for the formation of a contract. In addition, the formal contract must be in accordance with the contract method, and the practical contract must deliver the subject matter of the contract before the contract can be established.

The conditions for a contract to be effective are the criteria for judging whether the contract has legal effect. The Contract Law does not clearly stipulate the constituent elements of a contract for it to take effect. However, from a logical point of view, only when a contract is established can it be examined whether it is valid, and the establishment of a contract is a prerequisite for the contract to take effect.

Therefore, the requirements for the formation of a contract can also be regarded as the requirements for the contract to be effective. In addition, according to the spirit of Article 55 of the General Principles of the Civil Law on the requirements for the effectiveness of civil juristic acts, the requirements for the contract to take effect should also include: 1. The actor has the corresponding capacity for civil conduct.

2. The meaning is true. 3. Do not violate the law or the public interest. These provisions are the general requirements for the validity of a contract, also known as the substantive requirements.

Some contracts require special requirements before they can be effective. These contracts mainly include two situations: one is a conditional and time-limited contract.

That is, according to Articles 45 and 46 of the Contract Law, "a contract with effective conditions shall take effect when the conditions are fulfilled." "A contract with a period of entry into force shall take effect at the end of the period.

A contract can only come into force when the conditions attached to it are fulfilled or when the time of entry into force is attached: second, some contracts must be in the form required by law. Article 56 of the General Principles of the Civil Law provides:

Civil juristic acts may be in written, oral, or other forms. Where the law provides for the use of special forms, it shall be in accordance with the provisions of law. "Article 44, Paragraph 3 of the Contract Law:

A contract established in accordance with law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions. That is, when the formalities such as approval and registration shall be completed in accordance with the provisions of laws and administrative regulations, the contract can only take effect after the approval and registration formalities have been completed.

Article 10 The parties shall conclude a contract in written, oral and other forms.

Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.

Article 11 Written form refers to the form in which the contents of the contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

Article 12 The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The name or address of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal analysis: (1) the names and addresses of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses: the name or title and address of the parties to the law; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; (8) Methods for resolving disputes.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names or names and addresses of the parties; b) the subject matter; (three including filial piety) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal basis: Article 470 of the Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the names and addresses of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; (Discussion 7) Liability for breach of contract; 8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

A contract is generally composed of the subject of the contract, the subject matter of the contract, the rights and obligations of both parties to the contract, the price of the contract, and the dispute resolution of the contract.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The name or address of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts. A contract is an agreement between the parties or parties to establish, modify, or terminate a civil relationship.

Contracts established in accordance with the law are protected by law. In a broad sense, a contract refers to a negotiation in which all legal departments determine the relationship between rights and obligations. Contracts in the narrow sense refer to all civil contracts.

There is also the narrowest sense of the contract, which refers only to the creditor's rights contract in the civil contract. Structure is an important part of the contract, and the thinking method of structure is also the most important way of thinking in the work. For the parties to a transaction, a good contract structure can help clarify the details of the transaction, reduce the workload, and avoid disputes arising from unclear or imperfect contract agreements. For judicial personnel, a good contract structure can clarify the rights and obligations of both parties, and is of great significance for judging the breaching party and the degree of breach of contract in disputes.

Extended information: The most basic function of the identity column is to determine the subject information of the contract participants, so the information in the early column must be clear and specific. Where participants are legal persons, the full name, domicile, and uniform social credit of the legal person shall generally be clearly indicated**; Where participants are natural persons, the name, identification number, and residence of the natural persons shall be listed.

Legal basis: Article 470 of the Civil Code, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal analysis: 1. The subject of the contract, that is, who signs the contract with whom. 2. The subject matter of the contract, that is, the contract signed by the two parties for something, the subject matter of the contract can be an article or a service or a process of forming an article.

3. The main content of the contract, that is, the scope of the contract agreed by both parties, is mainly a further detailed description of the subject matter of the contract, because the subject matter of the contract may not be a real item, it may be a process, such as the construction contract, the subject matter of the contract is a process of a building from scratch, so the scope of the contract is a very important part, that is, to draw the boundary of the obligations of both parties to the contract. 4. The rights and obligations of both parties to the contract, any contract, the subject of the contract has certain rights and obligations, and the rights and obligations should be adapted, for example, in the employment labor contract, the employer has the right to arrange the work of the employer, but it can only be arranged within a certain range, and it is impossible to arrange the other party to do illegal things, but the employer is also obliged to pay the price of wages. In this context, the duties and obligations of both parties and the rights of each party are generally emphasized.

5. The price of the contract. Most contracts are tied to the economy, so it involves the amount of the contract, such as the company hires a person, what is the salary of this person; Or buy and sell an item, how much is the ** of this item, etc. 6. The way of payment, this is a further explanation of the contract price, most contracts are not a hammer sale, some contracts involve a large amount of money, it is impossible to pay off at one time, so it is necessary to agree on how to pay, for example, the housing lease contract stipulates that the rent is paid once a month or once every three months.

7. Performance guarantee of the contract. The performance guarantee is to ensure that the contract can be performed normally and will not be affected by other events, or take the housing lease contract as an example, the deposit is equivalent to the performance guarantee of the contract. 8. Dispute resolution of contracts.

In order to have a clear solution to the dispute, the two parties can agree before the contract is signed.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses: (1) the names and addresses of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution.