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Legal analysis: There are two ways to modify the contract, first, to terminate the original contract and re-enter into a new contract, and second, to sign a supplementary agreement.
When amending the contract, it is necessary to slow down several aspects of the content:
First, it needs to be signed by both parties to the main contract.
Second, it is necessary for the parties to reach a consensus on the amendment.
Third, if the contract is re-signed, the content of the original contract remains unchanged, but the terms that need to be amended are corrected and directly quoted into the new contract.
Fourth, if a supplementary agreement is signed, the content of the main contract needs to be clarified in the supplementary agreement, or the main contract should be used as an annex.
Fifth, both parties sign and confirm and fill in the date.
Legal basis: 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 change, it is presumed that the contract has not been changed.
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Legal analysis: If the parties want to modify the content of the contract that has been signed, they should negotiate amicably with the other party to the contract and reach an agreement before changing the content of the contract. There are two ways to amend a contract:
1. Terminate the original contract and conclude a new one. Clause.
2. Sign a supplementary agreement.
Legal basis: Article 510 of the Civil Code of the People's Republic of China After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or the custom of the chain slippery.
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The amendment of the contract must be agreed upon by both parties to be effective, and the content of the amendment shall be the agreement of both parties, not violating the provisions of the law, and not harming the interests of others. If the parties are not clear about the content of the modification of the contract, Tuihe Yinquat shall be determined to be unchanged.
[Legal basis].
Article 465 of the Civil Code of the People's Republic of China provides that 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 stipulated by law. Article 543 of the Civil Code of the People's Republic of China provides that the parties may modify the contract if they reach a consensus through consultation.
Article 544 of the Civil Code of the People's Republic of China provides that if the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.
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Legal analysis: "There are two ways to modify the contract: first, to terminate the original letter and shout the contract and re-enter into a new contract, and second, to sign a supplementary agreement.
When modifying the contract, it is necessary to pay attention to the following aspects: 1. It needs to be signed by both parties to the contract. 2. It is necessary for the parties to reach a consensus on the amendment.
3. Both parties sign and confirm and fill in the date. ”
Legal basis: Civil Code of the People's Republic of China
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 by means of electronic data interchange, e-mail, etc., and that can be accessed at any time by the Glide Field, 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.
Directly modifying the terms of the contract after both parties agree is invalid, and generally needs to be sealed or signed after the modification to be valid. >>>More
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