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If you plan to sign a contract with someone else, you will usually sign the contract according to the wishes of both parties. So how should Party A and Party B be determined in the contract? Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what goal to achieve, and Party B generally refers to the party that completes the goal, and in the contract, it mainly proposes how to ensure the realization and obtain benefits according to the completion situation.
In the process of the contract, Party A mainly supervises whether Party B fully meets its own needs in accordance with the requirements. After the execution of the contract, Party A generally needs to pay funds or other things to obtain what it needs for its own needs. Party A and Party B are only different in name, representing the two parties to the contract, and their legal status is equal.
The Contract Law clearly stipulates that a contract is considered legal only if it is concluded under equal conditions, and if the two parties to the contract have an obviously unequal status, or have terms that are obviously unfavorable to one of the parties, the party may apply for the contract to be invalid. Legal basis: Article 3 of the Contract Law of the People's Republic of China stipulates that the parties to a contract have equal legal status, and one party shall not impose its will on the other party.
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Legal analysis: The parties to the contract A and B shall be determined by themselves. Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what goal to achieve, and Party B generally refers to the party that completes the opening of the target and how to ensure the realization in the contract, and obtains benefits according to the completion of the file.
Legal basis: Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
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Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what goal to achieve. Party A is generally the investor or investor, that is, the main body of the operation, in a dominant position, with the investor as the main body of the market or the dominant market as Party A's market.
Party B generally refers to the party that completes the goal, and in the contract, it mainly proposes how to ensure the achievement and obtain benefits according to the completion. However, in the offer and acceptance, Party A and Party B cannot be confirmed. The parties to the contract should be determined by both parties through negotiation, and the law is not mandatory.
Party A can be either a buyer or a seller, and the same is true for Party B.
Party B is generally the labor party, that is, the entity responsible for achieving the goal. For example, a power supply company signs a power supply contract with an enterprise, the enterprise is Party A, and the power supply company is Party B; The decoration company signs a contract with the resident, the resident is Party A, and the decoration company is Party B.
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First, the law does not stipulate the writing of Party A and Party B of the contract.
Second, under general circumstances, the provision of goods, money, recruitment (solicitation), sellers, etc. are Party A. Buyer, the hired party is B.
For example, the seller of the sales contract is Party A.
3. In the offer and acceptance, Party A and Party B cannot be confirmed.
Offer.
It is the parties who are in the right directionAll of them.
issuedSpecific.
, an expression of intent to conclude a contract with the other party.
For example, the goods of the general shopping mall (supermarket)** are, offer. ""Owner" means that it can be sold to whomever it is, and "specific" means that it should be stated on the price tag; Name, **, place of origin, etc.
。If it is said that the goods sold to a certain person do not have specific contents, it cannot be called an offer. For example, if a real estate company only says to sell a house, but does not say the express conditions such as ** and house type, it cannot be called an offer.
It is impossible to sell the house, and the purchase contract is established, and there must be specific contents.
New Offer.
。As the offeror, the mall sends a specific offeror to everyone, and the promiser can propose something, but ** from 5 yuan to 2 yuan, do you sell it? ,At this time, the original promisor is transformed into a new promoter of the offer.
The original seller becomes the promisor of the new offer. Therefore, it is difficult to distinguish between an offer and a promise.
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Party A and Party B do not care in the contract, as long as the legal relationship is clear, the rights and obligations are correct, who is Party A and who is Party B has no substantial impact on the contract.
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Party A: Trustee.
Party B: Client.
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Legal analysis: The parties to the contract A and B shall determine the family tone by themselves. Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what kind of goal to achieve, and Party B generally refers to the party that completes the goal, and mainly proposes how to ensure the realization in the contract, and obtains benefits according to the completion of the situation.
Legal basis: Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship.
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Party A generally refers to the party that puts forward the target in the contract and pays the remuneration or price to the other party, and Party B generally refers to the party that completes the target rock beam according to the contract requirements and obtains benefits according to the completion.
In practice, Party A is generally the investor or investor, i.e., the main body of the operation, which is in a dominant position and proposes objectives in accordance with the agreement. Party B is generally the acquirer or beneficiary, and the contract mainly proposes a method to ensure the realization and obtain the benefits according to the contract.
Article 490 of the Civil Code stipulates that if the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, seal or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligation before signing, sealing, or fingerprinting, and the other party accepts it. Laws, administrative regulations or the parties agree that the contract shall be concluded in written form, and the parties have not adopted the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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Party A and Party B in the contract are generally determined by negotiation between the two parties. There is no mandatory provision in the law, but the party that generally puts forward the demand is Party A, that is, Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what goal to achieve, and Party B generally refers to the completion of the goal, and in the contract bandwidth, it is mainly proposed how to ensure the realization and obtain benefits according to the completion of the party. The rights and obligations of both parties should correspond to each other.
According to Article 464 of the Civil Code of the People's Republic of China, a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. The legal provisions on the status relationship shall apply to agreements related to status relationships, such as marriage groups, adoption, guardianship, etc.; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
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