What are the parts of the sales contract?

Generally, a contract is mainly composed of the following main parts:

The subject of the contract, i.e. who signs the contract with whom. The subject matter of the contract, that is, the contract signed by the two parties for something, the subject matter of the contract can be an article, a service or a process of forming an article. The main content of the contract, that is, the scope of the contract agreed by both parties, is mainly a further detailed description of the subject matter of the contract, because the subject matter of the contract may not be a real item, it may be a process, such as the construction contract, the subject of the contract is a process of a building from scratch, so the scope of the contract is a very important part, that is, to draw a clear line of obligations between the two parties to the contract.

The rights and obligations of both parties to the contract, any contract, the subject of the contract has certain rights and obligations, and the rights and obligations should be compatible, for example, in the employment contract, the employer has the right to arrange the work of the employed party, but it can only be arranged within a certain range, it is impossible to arrange the other party to do illegal things, but the employer is also obliged to pay the price of wages. In this context, the duties and obligations of both parties and the rights of each party are generally emphasized. a person, what is the salary of this person; Or buy and sell an item, how much is the ** of this item, etc.

The method of payment, this item is a further explanation of the contract price, most contracts are not a hammer sale, some contracts involve a large amount, it is impossible to pay off at one time, so it is necessary to agree on how to pay, for example, the housing lease contract stipulates that the rent is paid once a month or once every three months. Performance Guarantee for Contracts. The performance guarantee is to ensure that the contract can be performed normally and will not be affected by other events, or take the housing lease contract as an example, the deposit is equivalent to the performance guarantee of the contract.

Dispute resolution for contracts. In order to have a clear basis for resolving the dispute, the two parties can agree before the contract is signed. Other details of the contract.

This item is basically a further explanation of the contract, such as how many copies of the contract should be signed, how many copies of each party should be executed, how the contract should take effect, whether the contract price includes tax, and so on. Finally, the handling of breach of contract, that is, when the two parties sign the contract, they agree on how to deal with it once a party breaches the contract. The above is the basic part of a contract, in the face of different contracts will be different, but in any case, although the sparrow is small and the five organs should be complete, a contract should be composed of these contents, otherwise it is an incomplete contract, once faced with disputes may be at a loss.

The sales contract, like other contracts, generally includes the following clauses: the names or names and addresses of the parties; Target; Quantity; Quality; price or remuneration; the period, place and manner of performance; liability for breach of contract; methods of dispute resolution, etc. In the sales contract, the parties may, according to the specific circumstances, agree on the packaging method, inspection standards, inspection methods, settlement methods, the words used in the contract and their validity in addition to these clauses.

The composition of the sale and purchase act in the sales contract requires three elements: the person, the subject matter and the act. The elements of "person" refer mainly to the seller and the buyer. The element of "subject matter" refers to the subject matter and the price at which it is bought and sold.

The price is the money paid in consideration for the subject matter of the sale, and the payment of the price is usually made by the word payment. The "act" element refers to the transfer of the subject matter of the sale and the payment of the price. The seller shall transfer the subject matter of the sale to the buyer, and the buyer shall pay the price to the seller.

The buyer can only pay the price in money, not in the form of goods and other payments. The payment of things other than money is a reciprocal contract, and the payment of labor services is a contract, and it is a contract of employment, contracting, entrustment, etc., rather than a sale.

A sales contract is a contract for payment. The essence of the sales contract is to transfer the ownership of the subject matter in the form of equivalent compensation, that is, the seller transfers the ownership of the subject matter to the buyer, and the buyer pays the price to the seller. This is an essential feature of a contract of sale that distinguishes it from a contract of gift.

The sales contract is a two-way contract. In the sales contract, both the buyer and the seller enjoy certain rights and assume certain obligations. Moreover, there is a correspondence between its rights and obligations, that is, the buyer's rights are the seller's obligations, and the buyer's obligations are the seller's rights.

The sales contract is a contract of promise. The sales contract can be established from the agreement of the parties, and there is no need to deliver the subject matter. Sales contracts are generally non-existent contracts.

Under normal circumstances, the formation and validity of a sales contract does not need to have a certain form, unless otherwise provided by law.

In the sales contract, the parties can agree on the packaging method according to the specific circumstances: the name or name and address of the parties, the settlement method, the words used in the contract and its effect The sales contract, like other contracts, generally includes the following clauses; the period, place and manner of performance; liability for breach of contract; Target; quantity, inspection standards, inspection methods; Quality; price or remuneration;

The contract consists of the following parts:

1. Party information: mainly including name (title), address, contact information, etc.;

2. Subject: Why the contract is established, the subject is the key;

3. Price: the price that needs to be paid to realize the subject transaction, including payment methods, conditions, deposits, etc.;

3. 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 it is arbitration or litigation. If arbitration is elected, the terms shall be in accordance with the provisions of the Arbitration Law;

7. Effective clauses of the contract: conditions for entry into force or invalidity, exemption from invalidity, etc.;

8. Attachments: Record the types, quantities, and effects of the attachments to this contract.

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 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. 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.

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 Law;

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 Analysis: A trade name is not a company name. A business name is composed of more than two words, and the company name brigade is composed of the business name, industry or business characteristics, and organizational form in order. A trade name is only one part of the building blocks of a company name.

Legal basis

Provisions on the Administration of Enterprise Name Registration

Article 7 The name of an enterprise shall be composed of the following parts in turn: trade name (or trade name, the same below), industry or business characteristics, and organizational form.

The name of the enterprise shall be titled with the name of the administrative division of the province (Baoxiao Town, Zhiguo Autonomous Region, Municipality directly under the Central Government, the same below) or city (including the prefecture, the same below) or county (including the municipal district, the same below) where the enterprise is located.

With the approval of the State Administration for Industry and Commerce, the enterprise name of the following enterprises may be named with the name of the administrative division where the enterprise is located:

1) The enterprises listed in Article 13 of these provisions;

2) Enterprises with a long history and a well-known name;

3) Foreign-invested enterprises.

Article 10 Enterprises can choose the font size. The font size should consist of more than two characters.

Enterprises may use local or non-local place names as trade names for legitimate reasons, but they shall not use the names of administrative divisions at or above the county level as trade names.

Private companies can use the investor's name as a trade name.