What clauses should generally be included in the content of the contract agreed upon by the parties?

Updated on society 2024-03-19
6 answers
  1. Anonymous users2024-02-06

    1) "The name or name and domicile of the parties" refers to the name and domicile of natural persons and the names and domiciles of legal persons and other organizations. The name of a natural person refers to the official name approved and registered by the household registration management authority, and the domicile of a natural person refers to the main place where a natural person lives and activities for a long time. The name of a legal person or other organization refers to the name that has been approved and registered by the competent registration authority, and the domicile refers to the place where their main office is located.

    2) "Subject matter" refers to the object to which the rights and obligations of the parties to the contract are jointly directed. It can be a thing or an act, for example: the subject matter of the house sale contract is the house for sale, and the subject matter of the labor contract is the labor service; The subject matter may also be an intellectual achievement, for example, the subject matter of a technology transfer contract is a technological achievement.

    3) "Quantity" is a measure of the rights and obligations of the parties to the contract by means of numbers and units of measurement.

    4) "Quality", the parties shall agree on the quality of the subject matter, that is, the shape and nature of the subject matter may be based on the national quality standards, or the quality standards may be determined by agreement between the parties.

    5) "Price or remuneration", "price" refers to the payment of money by the party who obtains the benefit to the other party in a paid contract with the subject matter of goods or money, such as the rent in the lease contract. "Remuneration" means that in a paid contract with the subject matter of the act, the party who receives the benefit pays money to the other party, such as freight in the contract of carriage.

    6) "Duration, place and method of performance", the contract should also stipulate when the contract will be performed, where it will be performed, and what method of performance will be adopted, and the agreement on these contents will be used as an important basis for determining whether the contract is breached.

    7) "Liability for breach of contract" refers to the civil liability of the parties to the contract for failing to perform their contractual obligations or performing their contractual obligations in accordance with the agreement, and it is mainly liable for the payment of liquidated damages and compensation for losses.

    8) "Dispute resolution method" means that the parties to the contract agree on what means and where the dispute will be resolved in the event of a dispute. The means include arbitration and litigation, and the place refers to the organ with jurisdiction over arbitration and litigation. The parties may also file a lawsuit directly in a court of competent jurisdiction without agreeing to arbitration or litigation.

  2. Anonymous users2024-02-05

    The Contract Law enumerates some of the basic terms of the contract signed by the parties:

    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.

  3. Anonymous users2024-02-04

    Legal analysis: The Civil Code stipulates that the content of the contract agreed upon by the parties generally includes the following clauses: 1. The names or titles of the parties and the place of residence; 2. Subject matter; 3. Quantity; 4. Quality; 5. Price or remuneration; 6. The period, place and method of performance; 7. Liability for breach of contract; 8. Methods of dispute resolution.

    In general, the specific content of the contract shall be determined by the parties with reference to the above clauses. 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 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.

  4. Anonymous users2024-02-03

    Legal analysis: Except for the necessary agreed clauses, the others are generally not agreed clauses, and the contents that must be included in the contract are: (1) the names or titles and domiciles of the parties; (2) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; (6) The time limit, location, 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:

    1) The names and addresses of the parties; b) the subject matter; (3) the number of relatives; 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.

  5. Anonymous users2024-02-02

    Legal analysis: The specific content of the contract is agreed upon by the parties, but the clauses that are generally not included are of an enterprise nature.

    Legal basis: Article 470 of the Civil Code of the People's Republic of China 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 for resolving disputes over the flow of goods.

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

  6. Anonymous users2024-02-01

    The parties to the contract include natural persons, legal persons or unincorporated organizations that have entered into a tent contract in accordance with the law and are bound by the contract. The above-mentioned entities may become parties to the contract, and may enter into an agreement on the establishment, modification, or termination of civil legal relations after reaching a consensus through consultation.

    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. The parties may conclude a contract with reference to the model text of the split and tung type contracts.

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