The concept of trading habits, the establishment requirements, the effect, etc., look forward to det

Trading habits, to put it bluntly, are the habits formed in the process of trading, and there must be transactions first. Secondly, the number of transactions should be repeated, that is, it is not the first transaction, and according to the legal theory, it should be considered to be the third transaction. In other industries, the industry rules are also regarded as trading habits.

For the determination of trading habits, it is generally believed that the two parties had already traded at that time, and at the time of the transaction, it is only necessary to state that the existence of trading habits is proved according to the previous transactions. According to contract law, a contract is constituted with an offer and an acceptance. After repeated transactions between the two parties, in order to save time, the transaction habits formed by the parties can save complicated procedures, and if the other party does not raise an objection based on the trust in the other party and the performance of the contract, it shall be deemed to be valid.

is legally binding. The key to it lies in multiple transactions, and the subject matter of the transaction is the same as the way of the transaction, and the other party trusts each other and reaches a consensus.

Here's a simple example:

Party A runs a restaurant, and Party B sells vegetables. Party A and Party B are long-term partners, and Party A only buys cabbage from Party B. One day, Party A calls ** to Party B:

A certain B, according to the old rules, bring me some food in the afternoon! A B returns to A: OK, no problem!

In the afternoon of the same day, he sent a cart of cabbage to A. From this example, it can be concluded that there is a trading custom between the two parties. It can be seen that the two parties did not explain in detail, but only based on the habit formed by the long-term partnership, Party A thought that Party B would definitely send him cabbage instead of celery, and Party B thought that Party A would definitely want cabbage instead of celery based on habit.

Offers and commitments were made by both parties and the contract was formed. Legal and valid.

A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price. According to the relevant provisions of the Contract Law, the requirements for the establishment of a sales contract are as follows: 1. When a party enters into a contract, it shall have the corresponding capacity for civil rights and civil conduct, and the party may also entrust a person to conclude a contract in accordance with the law.

Contracts can be concluded in written, oral, and other forms. There are two or more parties to the subject of the contract. 2. The parties to the contract have reached an agreement on the main terms of the contract, and the parties have reached an agreement on the content of the contract in writing and a complete expression of their intentions.

3. The parties must enter into a contract in accordance with the law, if one party damages the interests of the state, the collective or a third party by means of fraud, coercion or malicious collusion; concealing illegal purposes in a lawful form; Contracts concluded in violation of the mandatory provisions of laws and administrative regulations are invalid contracts. 4. The contract must be formed in two stages: offer and acceptance.

Answer: (1) It is established after the parties sign and seal the contract;

2) If it is necessary to obtain the approval of the relevant authorities in accordance with the regulations, it shall be established from the time of approval; (3) A contract guaranteed by a third party shall be established after the guarantor and the guaranteed person sign and seal the contract.

What are the necessary conditions for the general formation of a contract 1. There are two or more parties to the contracting party. 2. The parties must conclude the contract "in accordance with the law". 3. The parties must reach a consensus on the main terms of the contract.

Foreign-related contracts.

The third type is a foreign-related contract with a relatively large amount of subject matter that cannot be settled immediately. According to the provisions of China's three foreign-related enterprise laws, the conclusion of a foreign-related enterprise contract shall be in writing. In addition, various contracts concluded between Chinese legal persons and citizens and foreign legal persons and citizens.

In order to ensure the smooth performance of the contract, it shall generally be concluded in writing.

Relevant legal knowledge.

Article 10 of the Contract Law 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 35 Where the parties conclude a contract in the form of a written contract, the place where both parties sign or affix their seals shall be the place where the contract is concluded.

Article 36: Where laws or administrative regulations provide or the parties agree to conclude a contract in written form, and the parties do not use written form, but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Article 37 Where a contract is concluded in the form of a written contract, and one of the parties has performed its main obligations and the other party accepts it before signing or affixing its seal, the contract shall be established.