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The content of the contract, that is, the specific expressions of intent of the parties to the contract to enter into the contract, are embodied in the terms of the contract. Article 12 of the Contract Law stipulates that "the content of the contract shall be agreed upon by the parties and shall generally include the following clauses:
1) The name or address of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, 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. ”
After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. Where the parties are not clear about the content of the relevant contract and cannot be determined in accordance with the foregoing provisions, the following provisions shall apply:
If the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.
If the place of performance is not clear, if the currency is paid, it shall be performed at the location of the party receiving the currency; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.
If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.
If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.
Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden.
The eight major clauses in the traditional contract law are not the "necessary clauses" and "main clauses" that every contract must have, and the absence of one or more of these clauses does not automatically lead to the invalidity or invalidity of a contract. In fact, the clauses that should be included in each contract vary depending on the circumstances of the contract. The provisions of Article 12 are only indicative and have no enforceable effect.
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Legal analysis: According to the provisions of legal disturbance, the content of the contract is agreed by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
vi) the duration, place and manner of peritoneal discharge;
(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 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; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, 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.
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Legal analysis: The main terms of the contract include: 1. The name, address and other information of the parties; 2. The subject matter and its quantity and quality; 3. The price of the cherry blossom bridge and its payment method, the shed, the location, and the time limit; 4. Liability for breach of contract; 5. Dispute resolution; 6. Signature and date.
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; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, 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.
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Legal analysis: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) The price is pure or the remuneration is paid; (6) The time, place and method of the auspicious travel of socks; (7) Liability for breach of contract; (8) Methods of dispute resolution.
Legal basis: Civil Code of the People's Republic of China
Article 470.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
(2) the subject matter; (3) Quantity;
(4) Quality; 5) The price or remuneration;
(6) The time limit, 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;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
(6) The time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods of dispute resolution.
Legal basis: 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;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
(6) The time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods of dispute resolution.
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The terms of the contract are:
1. The name, address and other information of the parties;
2. The subject matter and its quantity and quality;
3. The price and its payment method, place and time limit;
4. Liability for breach of contract;
5. Dispute resolution;
6. Signature and date.
Legal basisArticle 469 of the Civil Code.
The parties may conclude a contract in written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can tangibly express the contents of the information and can be accessed at any time by means such as electronic data interchange (EDI) or electronic closed mail shall be deemed to be in writing.
Article 470.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
6) The time, place and method of performing the disorderly space;
(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.
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