What are the conditions and effects of the contract change

Question 1: The conditions for change are as follows:

1. There is already a valid contractual relationship;

2. There is a local change in the content of the contract, excluding the change of the subject of the contract;

3. If the contract is changed and the formalities such as approval and registration shall be handled, the provisions shall be complied with;

4. The parties reach an agreement through consultation.

Question 2: Efficacy:

1. After the contract is changed, the parties shall perform according to the content of the changed contract.

2. The labor contract shall take effect immediately and be legally binding in accordance with the law. Unless the parties have a special agreement on the entry into force of the employment contract.

For relevant reference, Article 77 of the Contract Law: the parties may change the contract if they reach a consensus through consultation. Where laws and administrative regulations provide that formalities such as approval and registration shall be handled for modification of a contract, follow those provisions.

Article 78: If the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.

1. Conditions for contract modification: There is a valid contractual relationship; local changes in the content of the contract; By the consensus of the parties or through a judicial decision; Where laws and administrative regulations stipulate that formalities such as approval and registration shall be required for the modification of a contract, such provisions shall be observed.

2. Effect: After the contract is changed, the parties shall perform according to the content of the changed contract; In principle, the modification of the contract shall take effect in the future, the rights and obligations that have not been changed shall continue to be valid, and the obligations to be performed shall not lose their legitimacy due to the modification of the contract; The variation of the contract does not affect the right of the parties to claim compensation.

The essence of a contract change is to replace the original contract with the modified contract. Therefore, after the contract is modified, the parties shall perform according to the content of the modified contract. Modification of the contract means that the split baggage shall take effect in the future in principle, the rights and obligations that have not been changed shall continue to be valid, and the debts that have been performed shall not lose their legitimacy due to the modification of the contract.

The variation of the contract does not affect the right of the parties to claim compensation. In principle, the party proposing the change shall be liable for the losses suffered by the other party as a result of the change in the contract.

Article 144 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by persons without capacity for civil conduct are invalid. Article 146 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 147 of the Civil Code of the People's Republic of China: Where civil juristic acts are carried out on the basis of a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke it. Article 148 of the Civil Code of the People's Republic of China: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 543 of the Civil Code of the People's Republic of China The parties may modify the contract if they reach a consensus through consultation.

The effect of the contract change is as follows:

1. In principle, the modification of the contract shall be valid in the future, the rights and obligations that have not been changed shall continue to be valid, and the debts performed shall still be valid;

2. The change of the contract shall be premised on the existence of the original contractual relationship, and the changed part shall not exceed the original contractual relationship;

3. The modification of the contract does not affect the right of the parties to claim compensation for losses;

4. If the parties are not clear about the content of the contract modification, it is presumed that it has not been changed. After the signing of the contract, the entity changes the debtor's right to transfer the debt, that is, the original creditor transfers the creditor's rights to the new creditor, so that the new creditor replaces the original creditor and the debt assumption, that is, the new debtor bears the debt instead of the original debtor. Contracts established in accordance with the law are protected by law.

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 identity relationships shall be governed by the laws and regulations 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. A contract established in accordance with the law shall only be legally binding on the parties, unless otherwise provided by law.

Where the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.

Legal basisArticle 543 of the Civil Code of the People's Republic of China.

The parties may change the contract by consensus.

1. The impact of the contract change on the relationship of rights and obligations. The effect of a change in the contract is to change the content of the original contract.

2. The effect of the contract change points to the future. According to the general jurisprudence of the validity of a contract, a change in a contract is only effective in the future, and does not apply retroactively to the time before the change after the original contract has taken effect.

3. The relationship between contract modification and damages. After the contract is changed, one party may suffer losses due to the change, and whether the injured party can claim compensation for the loss, and the modification or termination of the contract does not affect the right of the party to claim compensation for the loss. The parties may change the contract by consensus.

1. Statutory conditions for terminating the contract.

In any of the following circumstances, the parties may terminate the contract by selling wisdom:

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 indicates 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 its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

2. How to exercise the right to withdraw from the contract.

The so-called right of revocation refers to the right of the person with the right of revocation to retroactively extinguish the contract and other legal acts in accordance with its unilateral intention. The following rules shall be followed when exercising the right of rescission in the rescission of a contract:

1. The subject exercising the right of revocation must meet the law, and the purpose of the right of revocation is to protect the party whose interests have been damaged due to major misunderstanding, obvious unfairness, fraud, coercion, taking advantage of the danger of others, etc., so the subject exercising the right of revocation should be the party to the erroneous or defective expression of intent, that is, the party with a material misunderstanding (one party is the mainstay, and sometimes both parties), the party who has been seriously damaged by the obviously unfair contractual interests, and the party who has been fraudulent, coerced, and in distress.

2. The object of exercising the right of revocation must be legitimate. That is, a contract concluded due to a material misunderstanding, a contract that is obviously unfair (at the time of conclusion), or a contract concluded by one party by means of fraud, coercion or taking advantage of the danger of others, so that the other party violates the true intentions of the other party. The parties may not exercise the right of rescission in other contracts.

3. The method of exercising the right of revocation should be appropriate. That is, the party enjoying the right of revocation may request the people's court or arbitration institution to modify or revoke it. According to the laws of our country, the exercise of the right of revocation shall be carried out in the form of litigation or arbitration, and the intention shall be expressed directly to the other party, and the effect of exercising the right of revocation shall not occur.

4. The exercise of the right of revocation must be exercised within the statutory period. The party exercising the right of revocation shall exercise it within one year from the date on which the party knows or should have known the reasons for revocation, otherwise, the law does not protect it, and the revocable contract shall still be a valid contract.

The effect of the variation of the contract relates only to the unfulfilled part.

A contract change is a partial change in the contractual relationship, not a change in the nature of the contract. The essence of a contract change is to replace the original contract with the modified contract. Therefore, after the contract is modified, the parties shall perform according to the content of the modified contract.

Changes to the contract have the following effect:

1. The impact of the contract change on the relationship of rights and obligations. The effect of a change in the contract is to change the content of the original contract.

2. The effect of the contract change points to the future. According to the general jurisprudence of the validity of a contract, a change in a contract is only effective in the future, and does not apply retroactively to the time before the change after the original contract has taken effect.

3. The relationship between contract modification and damages.

Laws and Regulations

Civil Code of the People's Republic of China

Article 543: The parties may modify the contract by consensus. Article 544: Where the parties are not clear about the content of the contract to change the socks removed, it is presumed that it has not been changed. Article 464:A contract is an agreement between civil entities 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 460 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 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 represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing. 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.