What should I pay attention to when signing a contract? What should I pay attention to when signing

Neighbor: When will I sign the contract and pay the down payment, I also just paid the deposit soon View the original post

When signing an employment contract, it is necessary to listen, think and read more (refer to other people's contracts), and avoid signing "oral contracts", "incomplete contracts", "vague contracts", "unilateral contracts" and life and death contracts signed between employers and employees in some dangerous industries where "no responsibility for work-related injuries are met". One-sided contracts cannot be signed. Since workers are in a relatively disadvantaged position compared with employers, in order to get a job, quite a number of workers may have a lot of opinions in their hearts when facing the text of the labor contract formulated by the employer when looking for a job, but they dare not put forward their opinions for fear of not getting a job.

Some people put forward their opinions euphemistically, but after being rejected by the employer, they no longer dare to insist on their own opinions, so they have to sign the contract and get the job first. However, from a legal point of view, when an employee signs an employment contract, he or she is willing to abide by and perform the contract. If there is no evidence that the employer used coercion or fraud when signing the contract, it can only be determined that it was the true intention of the employer, and it cannot be said that it is an invalid employment contract.

How to sign a labor contract 1 The legitimacy of the contracting unitWhen signing a labor contract, it is necessary to carefully check whether the enterprise has been registered with the industrial and commercial department and the validity period of the enterprise registration. Otherwise, the signed employment contract is an invalid contract. 2. Labor contracts shall be concluded in accordance with the law, and only labor contracts with legal subjects, legal contents, legal forms, and legal procedures can produce legal effect.

An illegal labor contract is an invalid contract and is not recognized and protected by law. 3. Equality of status of both parties to the contractIn the process of concluding a labor contract, the legal status of the employee and the enterprise is equal. Only by achieving equality of status can the employment contract concluded be fair.

4. The conclusion of the contract must be in written form, and the labor contract has a certain period of time, and the labor relationship is very complex and involves many contents. The use of written form to make the rights and obligations clear and specific is conducive to the performance of the contract. In the event of a dispute, it is also well documented to facilitate the resolution of the dispute.

5. The specificity of the contractThe words and phrases of the labor contract should be accurate, clear, complete, and easy to understand, and should not be abbreviated, substituted or vaguely expressed, otherwise misunderstanding or misinterpretation may occur in the process of labor execution, resulting in unnecessary disputes, causing losses to both the employer and the employee, and also bringing difficulties to the handling of contract disputes.

Legal analysis: First of all, when signing a contract, try not to leave blank lines between the signature and the content of the contract, so as to avoid the contract being modified and causing damage to one's own interests; Secondly, the pen used when signing should be a professional signature pen, fountain pen, brush or gel pen; In addition, when signing the contract, the parties shall sign in person; Finally, the specific date of signing should be indicated.

Legal basis: Article 470 of the Civil Code stipulates that 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.

Legal analysis: Signing a well-regulated contract is conducive to protecting the rights and interests of both parties to the contract, and is also conducive to avoiding disputes and disputes in the future. When signing a contract, pay attention to the following three aspects.

The first is that the subject matter of the contract must be clearly defined in the contract. It includes basic information such as the name of the subject matter, the quality of the subject matter, the packaging of the subject matter, and the composition of the subject matter. The second is to clarify the price of the contract and the payment method of the price, and to list in detail the total unit price of each subject matter, the payment method, the payment time, etc.

The third is the agreement on quality standards, which should clearly and specifically state the quality standards and warranty period in the contract, as well as the handling procedures and responsibilities in the event of quality problems.

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.

When signing a contract, it is necessary to pay attention to whether the subject of the contract has the capacity to conclude the contract; whether the expression is true; Whether the content of the contract does not violate the mandatory provisions of laws and administrative regulations, and whether it does not violate public order and good customs; and whether the rights and obligations of the parties are fair and reasonable.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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 formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of 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.

The precautions for signing a contract are as follows:

1. Before signing a contract, the operator must carefully examine the true identity and performance ability of the other party.

2. Review the official seal of the contract and the identity of the signatory to ensure that the contract is valid.

3. When signing a fictitious contract, the terms of the contract shall be strictly examined.

4. Agree on the terms of breach of contract.

5. Agree on the dispute jurisdiction clause.

6. Clarify the place where the contract is signed.

7. Agree on the terms of the guarantee.

Legal basis] Article 470 of the Civil Code, the content of the contract shall be agreed upon by the parties, and generally include the terms listed in the following oranges

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.

Matters to be paid attention to when signing a contract: first, the subject qualification of the other party should be verified and confirmed; form of contract; The necessary terms of the contract should be specific and clear; pre-contractual contractual obligations; The authorization documents such as power of attorney, letter of introduction, and sealed contract issued by the company should be tracked and managed, and the name of the other party to the contract, the scope of authorization, and the validity period should be indicated when issued, and the business should be recovered in a timely manner; After the contract is signed, the original contract must be handed over to the company for safekeeping. Contracts established in accordance with the law will be protected by law in accordance with the law; A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 465 of the Civil Code of the People's Republic of China [Validity of Contracts Established in Accordance with Law] 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:[Form of Contract Conclusion]When the parties conclude a contract, they may use written, oral, or other forms to conclude a contract.

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.

If there are any terms that are very unfavorable to you, you need to look carefully to see if there are any additional terms that are not in addition to your negotiation.

When signing the contract, you must pay attention to the rights and obligations of Party A and Party B, and ensure that your rights and interests are not infringed.

1 The drafting of the contract text is because the verbal leniency only the things discussed need to be written, and there is also a process of changing the number carefully, and sometimes, it is only a word difference, and the meaning is very different. 2. It is clarified that the contract of the contracting qualifications of both parties to the contract is a legally binding legal document. Therefore, both parties to the contract are required to be eligible to sign the contract.

Otherwise, even if the contract is signed, it is an invalid contract.

Pay attention to see if there are any loopholes in the terms of the contract, and whether there are any conditions that are unfavorable to you.

The most important thing in the contract is to pay attention to the terms in it.

A local tyrant went to Shenzhen to play, took a taxi and said that the master sent me to Wang Ying, the place with the highest and fastest consumption in Shenzhen.

Shi Chen slowly kicked the accelerator and sent the local tyrant to the Shenzhen Stock Exchange.

Legal analysis: 1. The identity and age of both parties to the contract should meet the restrictions on entering into a contract; 2. The contract shall reflect the true intentions of both parties; 3. The form and content of the contract are legal; 4. The content of the contract should be clear and specific.

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

Article 143:Civil juristic acts that meet the following requirements are valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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.