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Legal Analysis: 5 Elements of a Valid and Formal Formation of a Contract:
1 The parties shall have the qualifications and capacity to enforce legal immorality. 2 The parties shall agree on a voluntary basis.
3. The standard and content of the contract must be legal.
4 The parties to the contract must compensate each other.
5 The contract must be in accordance with the form prescribed by law.
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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The requirements for the establishment of an economic contract are:
1. The parties must reach an agreement on a voluntary and genuine basis.
2. The contract has more than two people and should have the corresponding capacity;
3. The form and procedure of the contract do not violate the mandatory provisions of laws and administrative regulations;
4. Other requirements for the establishment of an economic contract.
The signing of a written economic contract should generally be written in the following order and content:
The first is three-dimensional, that is, the names, units and addresses of the parties to the contract.
The second is the purpose, that is, the purpose and basis of the two parties subscribing to the economic contract.
The third is the main terms of the contract, including the subject matter of the contract, the quantity of the subject matter, the quality of the subject matter, the price or remuneration, the period for the performance of the contract, the place and method of performance for omission, and the liability for breach of contract.
Fourth, the effective date and validity period of the contract.
Fifth, the time and place of signing the contract.
Sixth, the signature or seal of the person who signed the contract.
What are the elements of the contract:
1. Party information: mainly including name, address, contact information, etc.
Second, the subject: why the contract is established, the subject is the key.
3. Price: The price that needs to be paid to achieve the underlying transaction, including payment methods, conditions, deposits, etc.
4. Performance factors: including time, place, method, etc.
5. Liability for breach of contract: liquidated damages, deposits, compensations, exemptions, etc. are included herein.
6. Dispute resolution method: Clarify whether to arbitrate or litigate. If arbitration is elected, the terms shall be in accordance with the provisions of the Arbitration Act.
7. Clauses of the contract: the conditions for entry into force or invalidity, and the exemption from liability for invalidity, etc.
8. Attachments: Record the types, quantities, and effects of the attachments to this contract.
Legal basis
Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
Article 470:The content of the contract shall be determined by the parties to the contract, and generally include the following clauses:
1) The names and addresses of the parties; Fu Hui Bi.
(2) the subject matter; iii) quantity;
iv) 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; iii) quantity; iv) 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: Article 470 of the Civil Code of the People's Republic of China.
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; iii) quantity; iv) 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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