What are the basics of contract law?

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements relating to identity relationships shall be governed by the provisions of the law governing such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Legal basis: Article 469 of the Civil Code of the People's Republic of China provides that the parties may enter into 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 represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Legal Analysis: Labor Contract Law of the People's Republic of China, Civil Code of the People's Republic of China.

Legal basis: Civil Code of the People's Republic of China Article 464 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 applied in imitation of the legal provisions 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.

1. The specific information of the parties to the contract, including their respective names, titles and addresses. 2. The subject matter of the contract. 3. The specific situation of the subject, including quantity, quality, etc.

4. One party needs to pay the price or remuneration of the other party. 5. Duration, place and method of performance. 6. Liability for breach of contract.

7. Methods of dispute resolution.

1. What are the basic contents of the contract?

According to the Contract Law of the People's Republic of China:

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.

2. Relevant provisions on the termination of the contract

According to the Contract Law of the People's Republic of China:

Article 93 The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are met, the person with the right to terminate may terminate the contract.

Article 94 The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure.

2) Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main debt.

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded.

4) One of the parties delays the performance of debts or has other breaches of contract, resulting in the inability to achieve the purpose of the contract.

5) Other circumstances provided for by law.

Article 95: Where the law provides for a time limit for exercising the right of rescission or the parties agree on a judgment of the parties, and the parties do not exercise it at the end of the period, that right is extinguished.

Where the law does not stipulate or the parties have not agreed on a time limit for exercising the right of rescission, and the right is not exercised within a reasonable period of time after being urged by the other party, the right shall be extinguished.

Article 96: Where one of the parties claims to terminate the contract in accordance with the provisions of paragraph 2 of Article 93 and Article 94 of this Law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party. If the other party has objections, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract.

Where laws and administrative regulations provide that formalities such as approval and registration shall be completed for the termination of a contract, follow those provisions.

Article 97 After the contract is terminated, if the contract has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution, take other remedial measures, and have the right to claim compensation for losses according to the performance and nature of the contract.

Article 98 The termination of the rights and obligations of the contract shall not affect the validity of the settlement and liquidation clauses in the contract.

The content of the contract is generally agreed upon by the parties after negotiation, but free agreement does not mean that the mandatory provisions of the law can be violated, otherwise the agreed contract will be invalid. In Article 12 of the Contract Law of the People's Republic of China, there is a list of clauses that are often included in the contract, and the parties can refer to this provision to conclude the content of the contract. The clearer and more detailed the contract, the greater the likelihood of future disputes.