Will the incorrect numbering of the contract clauses cause disputes between the parties in the futur

Updated on society 2024-05-07
6 answers
  1. Anonymous users2024-02-09

    If the contract clause is numbered incorrectly, will it cause disputes between the two parties in the future, as long as both parties provide the same original contract, it will not affect the validity of the contract and will not cause disputes.

    Legal analysis

    According to the relevant laws and regulations, the number of the labor contract is not important and not statutory, and it is usually the employer that compiles and formulates the numbering rules on its own for the purpose of counting or retrieval. The labor contract number itself does not belong to the content of the labor contract and does not affect the signing and execution of the labor contract. If the parties have a dispute over the understanding of the terms of the contract, the true meaning of the clause shall be determined in accordance with the words and phrases used in the contract, the relevant terms of the contract, the purpose of the contract, the trading habits and the principle of good faith.

    If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in the various texts are inconsistent, they shall be interpreted in accordance with the purpose of the contract. A contract is an expression of the agreement of both parties, and it is necessary to actively communicate and coordinate with the other party to the contract to correct the mistakes.

    Contract numbering errors do not affect the contract. The contract is signed by both parties on an equal and voluntary basis and through consensus, as long as there is no error in the content of the contract, and there is no obvious unfairness or violationLaws and Regulations

    will not affect the performance and legal validity of the contract. An error in the contract number is an error in the contract number written by the producer of the standard contract, which does not affect the substantive content of the contract. The contract number is just a sign of difference.

    If the content of the contract is true and legal, the wrong numbering does not affect the legal validity of the contract.

    Legal basis

    Article 466 of the Civil Code of the People's Republic of China: Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

  2. Anonymous users2024-02-08

    Personally, I don't think there is much legal risk in it, and the law does not impose too many restrictions on the handling of contract terms between the two parties, that is, not only the number can be jumped, even if it jumps every singular number due to personal hobbies, that is, there are only 2, 4, 6, 8 and other clauses in the clause, and there are no 1, 3, 5, 7 clauses.

  3. Anonymous users2024-02-07

    As long as both parties provide the same original contract, it will not affect the validity of the contract and will not cause disputes.

  4. Anonymous users2024-02-06

    There shouldn't be a problem. The content does not affect, it is just a clerical error.

  5. Anonymous users2024-02-05

    Legal Analysis: Without much impact, the contract number error can be changed, and the substantive clause in the contract will not have the effect of change without affecting the substantive clauses.

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

    Article 488: The content of the promise should be consistent with the content of the offer. If the offeree makes substantial changes to the content of the offer, it is a new offer. Changes in the subject matter, quantity, quality, price or remuneration, performance period, place and method of performance, liability for breach of contract and dispute resolution method are substantive changes to the content of the offer.

    Article 489: Where an undertaking makes non-material changes to the content of an offer, the undertaking shall be valid, and the content of the contract shall prevail, unless the offeror promptly expresses its counter-appeal or the offer indicates that it shall not make any changes to the content of the underlying state of the offer.

  6. Anonymous users2024-02-04

    Legal analysis: 1. If the same party contradicts the two contracts before and after, and should be signed later, the contract signed later shall be regarded as a supplement or modification to the previous contract in accordance with the provisions of the Contract Law.

    2. If the terms of a contract are unclear or contradict two clauses on a certain matter, it may be deemed that the agreement is unclear, and if the parties have a dispute over the understanding of the terms of the contract, the true meaning of the clause shall be determined in accordance with the words and phrases used in the contract, the relevant terms of the contract, the purpose of the contract, the trading habits and the principle of good faith.

    3. The parties may resolve the contract dispute through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

    If the bystander fails to conclude an arbitration agreement or the arbitration agreement is invalid, he may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

    4. You can negotiate with the opposite party to the contract to settle the clause and re-agree on the content of the clause, and if the negotiation fails, you can enter the judicial process to settle it.

    Legal Basis for Leakage:

    Civil Code of the People's Republic of China

    Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

    Article 490 Where the parties conclude a contract in the form of a written contract, the contract shall be concluded 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.

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