Regarding the terms of the contract, the main terms of the contract

If it is not clearly stated, it shall be implemented in accordance with the provisions of Article 62 of the Contract Law: if the parties are not clear on the content of the relevant contract, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the following provisions shall apply:

1) If the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear it.

Hello, the way of performance is the terms of the contract. However, if the information is not completed, it does not mean that the contract is invalid.

In practice, requiring the other party to fill in a clear delivery method can play a supervisory role in reducing disputes and promoting the performance of the contract.

If you don't write it, you don't agree on anything! What's the point of this clause!

Legal Analysis: Main Terms of the Contract: Article 470 The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

Legal basis: Civil Code of the People's Republic of China

Article 470:The content of a contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

(2) the subject matter; (3) Quantity;

(4) Quality; (5) Price or remuneration;

(6) The time limit, 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.

Legal analysis: (1) the name and address of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

(2) the subject matter; (3) Quantity;

(4) Quality; 5) The price is buried or the remuneration;

(6) The time limit, place and method of performance;

(7) Liability for breach of contract;

(8) Methods of dispute resolution.

The main clauses in the contract include:

1. The name and address of the parties to the contract. Contact**;

2. The subject matter of the contract;

3. The name, quality, quantity, price or remuneration of the subject matter;

4. The period and manner of performance of the contract;

5. Breach of contract clause and dispute resolution clause.

The following issues need to be paid attention to when concluding a contract:

1. Verify and confirm the subject qualification of the other party;

2. The form of the contract, if the law stipulates that the contract must be signed in writing, it must be concluded in writing;

3. The necessary terms of the contract should be specific and clear;

4. Contractual obligations before contracting, as well as assistance and notification obligations;

5. The authorization documents such as the power of attorney, the letter of introduction, the contract stamped by the company should be tracked and managed.

Article 490 of the Civil Code of the People's Republic of China: Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Article 491:Where the parties conclude a contract by means of letters, data messages, etc., and request the signing of a confirmation document, the contract is formed when the confirmation is signed.

If the information on goods or services published by one of the parties through the Internet or other information networks meets the conditions for offer, the contract shall be formed when the other party selects the goods or services and submits the order successfully, unless otherwise agreed by the parties.

Article 492: The place where the undertaking takes effect is the place where the contract is formed.

If a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded; If there is no principal place of business, its domicile shall be the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

Article 493:Where the parties conclude a contract in the form of a written contract, the place where the contract is finally signed, sealed, or fingerprinted shall be the place where the contract is concluded, unless otherwise agreed by the parties.

Legal analysis: the main terms of the contract include the identity information of the parties; the subject matter, quantity and quality of the contract; the duration and manner of performance; Liability for breach of contract and dispute resolution, etc.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

(2) the subject matter; (3) Quantity;

(4) Quality; (5) Price or remuneration;

(6) The time limit, 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.

The provisions of China's Civil Code on the standard clauses of the contract are that the clauses that are pre-drafted without consultation with the other party and used for reuse are the clauses of the standard clauses, and the party that provides the clauses has the obligation to explain and prompt to the other party, and needs to abide by the principle of fairness.

[Legal basis].

Article 496 of the Civil Code of the People's Republic of China is a clause that is drafted in advance by the parties for the purpose of repeated use and is not negotiated with the other party when concluding the contract. Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

Article 497:In any of the following circumstances, the standard clause is invalid: (1) it has the invalid circumstances provided for in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law; (2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party; (3) The party providing the standard clauses excludes the main rights of the other party.

Legal analysis: The terms of the contract are the expression and fixation of the conditions of the contract, and are the basis for determining the rights and obligations of the parties to the contract. That is, from the perspective of legal documents, the content of the contract refers to the terms of the contract.

Therefore, the terms of the contract should be clear, definite and complete, and the terms should not contradict each other. Otherwise, it will affect the formation, entry into force and performance of the contract and the purpose of the contract, so it is important to accurately understand the meaning of the clause.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.

If the failure to go through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the obligations such as reporting for approval and the relevant clauses in the contract. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. In accordance with the provisions of laws and administrative regulations, the modification, transfer, termination and other circumstances of the contract shall go through approval and other formalities, and the provisions of the preceding paragraph shall apply.

The basic terms of the contract are as follows: (1) the names or names and addresses of the parties.

2) Subject. 3) Quantity.

4) Quality. 5) Price or remuneration.

6) Fulfillment period.

7) Where and how it is to be performed.

8) Liability for breach of contract.

9) Methods of Dispute Resolution.

The terms of the contract should be clear, affirmative, and complete, and the terms should not contradict each other.

Otherwise, it will affect the formation, entry into force and performance of the contract and the realization of the purpose of the contract, so it is important to accurately understand the meaning of the clause.

Article 470 of the Civil Code of the People's Republic of China: The content of the contract shall be agreed upon by the parties to the loss, and generally include the following clauses: (1) the names or titles and domiciles of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, location, 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.