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1) The contract shall come into effect when signed by both parties (when it does not violate the provisions of Article 52 of the Contract Law). Fairness and other formalities.
Article 52 The contract shall be invalid under any of the following circumstances:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;
2) Malicious collusion, harming the interests of the state, the collective, or a third party;
3) Concealing illegal purposes in a lawful form;
4) Harming the public interest;
5) Violating mandatory provisions of laws and administrative regulations.
2) You can fight it yourself. The contract documents given are for you to better complete the contract.
Article 12 The content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The name or address 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.
3) Right. The purpose of the contract is to have a written form for the agreement you have reached. You can make a contract for anything as long as you are not afraid of trouble.
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Simple: 1Sometimes it is needed, sometimes it is notarized, and if it is really necessary, it can be notarized.
2.It should be the latter, it has strict format regulations, and it is not necessary to go to the relevant department to collect it. 3.
As long as it does not violate the law, it can be bound by contract and is protected by law.
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Be careful. There is a difference between making and making a determination.
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The conclusion of the contract is valid and valid, and if it is legally liable, it is invalid if it does not take effect, and it is fine.
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Hello: These words are really difficult to distinguish, and it is difficult to describe them in words, but I will give you a simple science popularization, and it will be clear. Conclusion is an act in which two parties agree on a certain matter, and then in order to ensure quality and legal binding, a contract or agreement is entered into when both parties agree.
The establishment generally refers to the content of the contract, without exaggerated or outrageous factors such as ethics, quality and artificiality, and can meet the predetermined requirements, that is, it can actually be realized, that is, the contract is established. Entry into force means that both parties agree, sign and seal, there is a time node, and then it takes effect. Anyway, it doesn't take effect.
Validity and invalidity correspond, the contract must be valid within the time limit specified, if the artificial intervention in the content of the contract or outside the contract time, completely deviate from the objective facts, it is invalid, belongs to the content of the contract.
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A contract that has been formed does not necessarily take effect. The formation of a contract reflects the will of the parties, that is, the willingness of both parties to enter into a contract. With regard to the formation of a contract, Article 25 of the Contract Law provides:
The contract is formed when the commitment takes effect. Article 32 stipulates that a contract shall be formed when both parties sign or seal it.
Under special circumstances, if both parties require the signing of a contract confirmation, the contract shall be concluded at the time of the signing of the confirmation. Therefore, the formation of a contract is generally based on the signature or seal of both parties. However, a contract formed is not necessarily a contract in force.
The entry into force of the contract reflects the binding on the parties to the contract, and after the contract comes into effect, both parties have the rights and obligations to perform in accordance with the contract. With regard to the validity of contracts, article 44 of the Contract Law stipulates that "a contract established in accordance with law shall take effect from the time of its formation."
If the law stipulates that the approval or registration formalities shall take effect, it shall take effect after the approval and registration formalities are completed." Therefore, the entry into force of a contract is generally established and effective at the same time as the signature or seal of both parties. There are the following exceptions:
1. A contract with effective conditions can only take effect after the conditions are fulfilled. If the two parties agree that the bank loan is in place as the condition for the contract to take effect, if the bank loan is not loaned, the contract between the two parties will not take effect. Note that, in fact, the two parties agreed at this time that the bank loan is in place as the condition for the contract to take effect, which is based on the premise that the two parties have signed the contract between the two parties, that is, the contract has been established, but it has not yet taken effect, and the condition must be fulfilled until the bank loan is completed.
2. Contracts with a term of term, including contracts with an effective period and contracts with a termination period. If it is agreed that the contract will take effect when one party returns from abroad, that is, the contract between the two parties shall come into effect when the party returns from abroad; If one of the parties returns from abroad, the contract will be invalid. 3. Contracts that are subject to approval and registration procedures as stipulated by laws and administrative regulations.
Specifically, it is divided into two types: one is to stipulate that the contract should go through registration formalities before the contract takes effect; One is that it stipulates that the contract shall go through the formalities of registration, but does not stipulate that it will take effect after registration. In the former, such as the mortgage contract stipulated in the Guarantee Law, the Guarantee Law regards the registration of the ship as a condition for the validity of the mortgage contract, and if it is not registered, the mortgage contract is invalid.
The latter is such as the registration of real estate ownership, which does not affect the validity and validity of the contract, but does not produce the effect of a change in property rights, that is, the ownership of the subject matter of the contract is not transferred, and the registration of the transfer of ownership of the house is an effective element of the change of ownership of the house, but it is not an effective element of the house sale contract, and the absence of registration does not affect the effectiveness and validity of the contract itself. In particular, the Property Law corrects the contradiction in article 41 of the Guarantee Law by making the registration of real estate rights only a condition for the validity of the mortgage, not a condition for the mortgage contract to take effect. If the mortgage contract is not registered, the mortgage does not take effect, but the mortgage contract is still valid.
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The contract is concluded with the receipt or payment of the advance payment! Unless otherwise agreed, it is signed and sealed! The unfair contract is invalid, and the contract is invalid if it violates the law!
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The insurance contract in Guilin is valid and invalid, and the invalid contract is mainly a contract that violates major national laws and regulations, or it is invalid from the date of signing it on his behalf.
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The signing of the contract must follow the contract law, and the contract is valid if it is reasonable, fair and legal based on true intentions. On the contrary, if it is invalid, many contracts are genuinely intended, but they are not legal, and they are invalid contracts that do not take effect.
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The formation of a contract lies in the act of invitation and commitment, and the general promise arrives, and the contract is formed, of course, the formation of some contracts needs to meet the formal requirements. After the contract is concluded, the contract shall be valid unless there is no circumstance provided for in Article 52 of the Contract Law on the invalidity of the contract, otherwise the contract shall be invalid.
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If the contract comes into force, then it has legal effect. If there is no zodiac, then he has no legal effect.
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The simple question of the contract comes into force when it is signed.
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CDBCD A7ABC 8B 9D 10A 11B (1) Nature: Legal relationship of sales contract. Legal ramification:
The contract is not formed. (2) The claim against B is not established because B is a third party who has obtained it in good faith. For A's request, it can be supported by the court, because the store marks ** wrong as an erroneous expression of intent, and the civil juristic act is the core of the expression of intent, since the expression of intent is wrong, then the sale act is flawed, and the counterparty can claim that the contract is not established.
If the contract cannot be formed, the act of sale shall be extinguished. Therefore, the court should uphold the store's claim against A.
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