When concluding a contract, how to determine Party A and Party B? What s the difference in law?

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.

1.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.

2.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 obvious unequal status, or have terms that are clearly unfavorable to one of the parties, the party can apply for the contract to be invalid.

3.In a general contract, Party A is the proposer of the contract offer, and Party B is the party that accepts the offer. The purchase contract is generally initiated by the purchaser, so it is Party A.

Second-hand housing can also designate the buyer as Party A. However, in some contracts, the division of Party A and Party B does not follow the above rules, and the party with a higher status is regarded as Party A. In fact, the two parties in the contract are completely equal, and there is no difference between Party A and Party B.

4.In general, Party A provides goods, money, recruitment, and sellers. For example, the seller of the sales contract is Party A.

Generally speaking, it can be so different:

1. Among the entities signed by the contract, Party A pays and Party B provides products or services;

2. If the enterprise signs a contract with the first department, the first department is generally Party A;

3. Whoever dominates in the signing of the contract is Party A!

Party A is generally the dominant party.

It's like a bank issuing a loan.

The bank is Party A.

The other party is Party B.

If there is a guarantor, etc.

The guarantor is Party C.

There is no need to distinguish.

It's true. Whatever.

Whoever has a greater dominant position is called Party A.

But you can't help it if you force the other one to be A.

But when something goes wrong with the contract.

There is an essential difference between the defendant and the plaintiff.

From a legal point of view, there is no need to make a strict distinction between Party A and Party B in the contract.

It's up to you. Although the engineering industry has a habit of designating Party A as the owner (construction unit), if you don't do so, there is no problem.

Party A and Party B of the contract are determined according to the content of the contract and the identity of the signatory.

The party to the contract is not necessarily Party A, and the identity of Party A and Party B needs to be confirmed according to the agreement in the contract and the actual situation.

In general, the following situations can be used as a reference to determine Party A and Party B.

1.In the case of a purchase contract, the buyer is usually Party A, and the seller is Party B;

2.In the case of a service contract, the customer is usually Party A, and the company providing the service is Party B;

3.In the case of an employment contract, the employer is usually Party A and the employee is Party B.

In addition, it should be noted that the identity of Party A and Party B indicated in the contract needs to be the same as that of the signatory.

If there is no agreement, you can do Party A or Party B, and you can indicate it.

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, Party B generally refers to the completion of the goal, and in the contract, 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.

[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 civil legal relations.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; If there are no provisions, the provisions of this Part may be applied by reference according to the nature of the cherry blossoms.