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To sign a contract abroad and at home, the specific methods are as follows:
1. Sign a written contract by fax and electronic contract;
2. Entrust a domestic friend or another person to sign a contract with the other party, in this case, you need to pay attention to the scope of authorization;
3. The other party can go abroad directly to sign a contract with me;
4. Any stroke, handwriting or seal that can be regarded as a signature confirmation can be used as a confirmation of the formal contract;
5. The scanned or faxed copy of the email signed and sealed by both parties can be regarded as a formal contract and has legal effect;
6. Generally, the attachment to the contract is pasted in the form of email, and the signature is confirmed by both parties, and the bottom is left to take effect.
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.
Article 466:Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.
If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.
Article 467:For contracts that are not expressly provided for in this Part or other laws, the provisions of the General Provisions of this Part shall apply, and the provisions of the most similar contracts in this Part or other laws may be applied by reference.
The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources performed within the territory 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;
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.
Article 468:Where a creditor's rights and debts relationship does not arise from a contract, the legal provisions on such creditor's rights and debts shall apply; Where there are no provisions, the relevant provisions of the General Provisions of this Part shall apply, except where they cannot be applied on the basis of their nature.
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Hello, friend, any stroke, handwriting or seal that can be regarded as a signature confirmation can be used as a confirmation of the formal contract, so the scanned or faxed copy of the email after the signature and seal of both parties can be regarded as a formal contract and has legal effect; Anyway, we do foreign trade, often sign contracts with foreigners, and generally paste the contract attachment in the form of email, and after the signature is confirmed by both parties, it will take effect.
Of course, there are exceptions, and the original contract must be signed, and then mailed to the other party by DHL and other large international courier companies, and each signed for the record
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Signing a contract with a domestic company in a foreign country can be considered from the following aspects:
First, the written contract is signed by fax and electronic contract.
Second, entrust a friend or someone else in China to sign a contract with the other party, in this case, you need to pay attention to the scope of authorization.
Third, the other party can go abroad directly to sign a contract with you.
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Supplement: It is recommended to collect part of the advance payment first, and then operate; Or find someone in the country to help take care of domestic collection and other matters.
In fact, the international contract can only be used for reference, mainly based on the principle of good faith of both parties, so the scanning of the surface and the return of electronic parts are normal operations in actual operation;
If you are just starting out, it is recommended to control the risk from the aspects of payment and delivery of goods.
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Legal Analysis: The Way in which the Contract Was Formed:
1 Automatically established.
Automatic formation means that the parties agree on the terms of the contract in writing and sign it, and the contract is formed. This method is suitable for contracts signed by both parties in the same place and do not require approval.
2 The contract is confirmed.
If the parties to the establishment reach an agreement by letter, telegram, telex, etc., and one of the parties requests the signing of a confirmation letter, the contract can only be formed when the confirmation is signed.
A request by the offeror to sign a confirmation shall be made at the same time as the offer or served on the offeree within the time limit within which it has the right to withdraw the offer. If the offeree party requests to sign a confirmation, it shall also be served on the original offeror at the same time as the reply to the original offer, or within the time limit within which it has the right to withdraw the reply. A reply with a request to sign a confirmation constitutes a counter-offer.
The confirmation shall be signed by both parties, unless the party requesting the confirmation expressly states that it is the party that confirms and signs it. If the two parties sign a confirmation letter in another place, the contract can only be established after the signed confirmation letter is served on each other.
3 Approved establishment.
According to the laws of the relevant countries and the provisions of the state, the contract shall be approved by the state and approved by the approval authority of the state before the contract can be established.
Western countries generally require approval for contracts involving military, national defense and high-tech transfers and export of products.
The parties may agree on additional conditions for the validity of the contract. For example, if a contract requires approval, you can attach a clause "This contract shall come into force after approval by both parties". In addition, the parties to the contract can also attach other conditions that both parties deem appropriate, such as the agricultural product supplier can add to the contract that "if the output of the farm is less than 5,000 tons due to a major disaster, the seller has the right to terminate the contract".
A contract with a condition of entry into force shall come into force when the condition is established. A contract with a condition for termination shall be invalid when the condition is established.
Legal basis: Pi Mingzhi "Civil Code of the People's Republic of China" Article 469 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 be tangibly expressed in electronic data interchange, e-mail, etc., and can be accessed at any time for reference, shall be regarded as in writing.
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Legal analysis: Generally speaking, as long as it is the true intention of both parties, a contract that does not harm the interests of others will be effective for both parties after it is signed.
Legal basis: Civil Code of the People's Republic of China Article 143 The civil law that has the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct, 2) the intention is true, and 3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
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