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Calculate. When signing a contract online, you need to pay attention to the following:
When signing online, it is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale certificate, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.
When signing online, it is necessary to use the standard housing sales contract text uniformly printed by the real estate management department, and fill in the terms listed in the text one by one, and must not be sloppy.
When signing online, you must pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal.
Area confirmation and area difference processing. If you choose to confirm the area and deal with the area difference based on the floor area of the suite, you should specify the method of handling the area error in the "Area Difference Treatment" clause.
When signing online, you must check whether the delivery date is confirmed. It is common for developers to make a big fuss about the pre-sale contract, such as only indicating the completion date without indicating the delivery date; Use some vague language such as "after the installation of water and electricity, after the quality acceptance is qualified, and after the completion of the community support". In this regard, when the buyer signs the online signing contract, he must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility that the developer needs to bear if he fails to deliver the house on time.
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The tripartite employment agreement is a written agreement reached between graduates of ordinary colleges and universities and employers before formally establishing the labor and personnel relationship, through two-way selection, establishing the employment relationship within the specified time limit, and clarifying the rights and obligations of both parties. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it.
In addition to being signed in writing, the employment agreement must also be approved online by the local university student employment guidance department. However, the signing of a tripartite agreement does not mean that an employment contract has been signed, so if a graduate proposes to terminate the contract, he or she can terminate the employment agreement after assuming the corresponding liability for breach of contract. The specific process is:
1. Graduates should go to the unit where the agreement is signed to handle the termination letter of written consent and affix the official seal of the unit.
2. Submit a written application to the graduate employment department of the school, explain the specific reasons for termination, and provide a letter of termination approved by the unit and the superior personnel department.
3. The employment department of the school's graduates shall examine and approve the renewal of the new "Employment Agreement" in accordance with the relevant regulations.
Therefore, as long as the school reissues the "Employment Agreement", you can sign a tripartite employment agreement with another unit, and you are still a fresh graduate.
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If you sign online, you also need to sign a paper contract. Specifically, the parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used.
Where the parties agree to use written form, it shall be in written form.
[Legal basis].
Article 469 of the Civil Code 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.
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Legal basis: "Civil Law of the People's Republic of China".
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:If one of the parties fails to pay the price, remuneration, rent, or interest, or if the person who has attained meditation fails to perform other monetary debts, the other party may request payment.
Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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Summary. In response to this problem, we can solve it from two aspects: first, the essence of the online contract is an electronic contract, and its validity and legal effect are exactly the same as that of paper contracts, but the form is different. The advantages of online contract signing are that it can save time and economic costs, can complete the contract more quickly, and can better protect the interests of both parties.
Secondly, the solution and practice steps of online signing contract are also very simple, both parties can sign the contract through the network, and only need both parties to provide valid identity documents and confirm the content of the contract to complete the signing of the online contract. In addition, both parties can confirm the content of the contract by means of electronic signatures to ensure the validity of the contract.
In response to this problem, we can solve it from two aspects: First, the essence of the online contract is an electronic contract, and its validity and legal effect are exactly the same as those of the paper contract, but the form is different. The advantages of online contract signing are that it can save time and economic costs, can complete the contract more quickly, and can better protect the interests of both parties. Secondly, the solution of the online signing contract is also very simple, the two parties can enter the network to interfere with the signing of the contract, only need both parties to provide valid identity documents, and confirm the content of the contract, the signing of the online contract can be completed.
In addition, both parties can confirm the content of the contract by means of electronic signatures to ensure the validity of the contract.
Can you tell us more about that?
In response to this problem, the main reasons for not giving paper contracts after online signing are as follows: first, online signing contracts is more convenient and fast, which can save a lot of time and energy, and can allow both parties to complete the contract signing in a short time, while paper contracts require both parties to sign the difference between the two parties, which takes more time and energy. Secondly, online contracts are more secure and reliable, which can effectively prevent contracts from being tampered with, while paper contracts are easy to be tampered with, which may lead to disputes between the two parties.
Finally, online contracts are more environmentally friendly, which can reduce the use of paper and reduce environmental pollution, while paper contracts require a lot of paper and may cause pollution to the environment. In short, the advantages of online signing contracts are obvious, which can save time, improve safety, environmental protection, etc., so more and more people tend to use online contracts instead of paper contracts.
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Legal analysis: The Civil Code stipulates that online signing contracts have legal effect. When signing a contract online, you need to pay attention to the following:
When signing online, it is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale certificate, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.
Legal basis: Civil Code of the People's Republic of China Article 502 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 approval and other formalities affects the effectiveness of the contract, it does not affect the validity of the obligations such as reporting for approval and the validity of the relevant clauses. 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.
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According to the provisions of China's Civil Code, the content of the contract is agreed by the parties, and generally includes the liability for breach of contract, but it is not required to be absolutely included, as long as there is no reason for the invalidity of the contract, it is valid.
According to the provisions of the Civil Code of Luzhong:
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;
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.
1. What are the classifications of liability for breach of contract?
1) Statutory liquidated damages. Judging from the provisions of China's current laws, statutory liquidated damages mainly include the following situations:
1. The amount of liquidated damages shall be specified by laws and regulations.
2. The fixed rate of liquidated damages shall be directly stipulated by laws and regulations.
3. Laws and regulations shall directly stipulate the rate range of liquidated damages, and the specific rate shall be specifically agreed upon by the parties within this range.
2) Agree on liquidated damages. There are two main situations in which liquidated damages are agreed:
1. Laws and regulations do not make specific provisions on liquidated damages, and the liquidated damages agreed upon by the parties are fully allowed.
2. Although laws and regulations stipulate the amount, rate or range of liquidated damages, they allow the parties to negotiate on their own, or stipulate that the agreement of the parties is superior to the statutory liquidated damages.
3) Mixed liquidated damages:
Mixed liquidated damages refer to the rate range of liquidated damages prescribed by law, within which the parties agree on a specific ratio or range of liquidated damages. This kind of liquidated damages is a combination of statutory and agreed liquidated damages, also known as mixed liquidated damages.
2. What should I do if the liquidated damages in the contract are too high or too low?
The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform the debt after paying the defaulted Peiliang money.
Online self-service inquiry: Log in to the local housing authority official ** first and find the online signature entrance. Then enter the online signing contract inquiry page, enter the contract number, the buyer's name, the certificate number, and the verification code in turn, and then click submit, and the online signing information you need will come out; Check in person with the Housing Authority: >>>More
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