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Yes, this is a basic right, but the thing to pay attention to is that it must be agreed in the original contract.
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The contract arises in response to the objective requirements of the commodity economy of private ownership, and is the legal expression of commodity exchange. After the production of commodities, in order to ensure the safety and credibility of exchange, people gradually formed many habits and rituals about exchange in the long-term practice of exchange. These customs and rituals of commodity exchange gradually became the general rules governing the exchange of commodities.
With the establishment of private ownership and the emergence of the state, the ruling class, in order to maintain private ownership and normal economic order, laid down in legal form the customs and rules of commodity exchange that were favorable to them, and guaranteed their implementation by the coercive power of the state. Thus the formation of the contract law for the exchange of goods came into being. Contracts were valued in ancient Rome.
The signing of a contract must go through the prescribed manner before it can be legally valid. If any detail is omitted from the terms and actions of the contract ceremony, the entire contract will be voided. With the development of the commodity economy, this cumbersome form has a direct impact on the development of commodity exchange.
In theory and practice, Roman law gradually overcame formalism in treaty-making. The advent of imitation contracts and consensual contracts marked the shift of Roman law from the emphasis on form to the will of the contracting parties, thus freeing the exchange of goods from cumbersome forms and becoming the historical source of the modern concept of freedom of contract.
The contract system also has a long history in ancient China. The Zhou Li has more detailed provisions on the form of early contracts. Judgments, pledges, farewells, and deeds are all written forms of contracts in ancient times.
After the Tang, Song, Yuan, Ming and Qing dynasties, the provisions of the law on contracts became more and more systematic.
There is also a saying that modern contracts are written in duplicate, because when the contract was made by the people before the year, it was a piece of paper, and after it was written, it was torn from the middle, and one person took half of it, and when there was a dispute, it was put together, so there was a contract and a statement of two copies.
In the earliest days, contracts were called "deeds". "Zhou Yi" records: "In ancient times, the rope was ruled, and later generations changed people to book deeds."
"Book" is the text, and "deed" is the words engraved on the wooden board. This plank is divided into two and is called the left and right deeds, which are used as evidence. A "deed" is a contract.
The contracts of the Zhou Dynasty also had various titles: "quality agent", the long book deed was called "quality", which was used when purchasing cattle and horses, and the short book contract was called "agent", which was used when purchasing weapons and rare things; "Fu Bei", "Fu" refers to the use of words to form a binding force, "Bei" is divided into two halves, each person holds half of it; "Branch", which divides the deed into two branches. "Judgment" is to combine the two halves of the book into one, and only in this way can we see the contract as it is.
The pronouns in the vocabulary of judgments, judgments, judgments, criticisms, and so on all come from this. "Contract" means that it is combined into the same deed, which is the original meaning of the word "contract". The various contracts signed today are on paper, but in ancient times they were in kind.
From this point of view, contracts in the ancient and modern senses are no longer the same.
The origin of the term "the same side" can be interpreted literally: the opinions of all parties are "combined" for negotiation, and if an agreement is reached, they all agree on the same meaning, thus forming a "contract", which can appear orally or in writing.
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The distinction between a practice contract and a promise contract originated in ancient Rome. At the beginning of ancient Roman society, the exchange of goods was underdeveloped and mostly confined to the tribes. In the case of such occasional exchanges, the parties to the exchange devote due attention to the exchange and adopt a specific ritual similar to godliness in order to ensure that the exchange proceeds smoothly and that the purpose of the exchange is ultimately achieved.
The law also focuses on the protection of form, stipulating that a contract must go through a specific form in order to have legal effect, that is, "what makes the law sanction ** is not a promise, but a promise attached to a solemn ceremony". The original form of contract was divided into two types: the "Mansipa" method and the "Nexan" method.
With the development of contract theory, these two forms have gradually been replaced by the classification of "oral contract", "document contract", "material contract" and "promise contract". The contract of goods appeared in the last years of the Republic and was concluded through the exchange of goods, including four types: consumer loan, use loan, deposit and pledge. All four types of contracts are gratuitous, i.e., the parties do not conclude the contract primarily for the purpose of obtaining economic benefits, but on the basis of a specific relationship (consumer lending, use lending, and depositing are concluded on the basis of a relationship of mutual trust) or for a specific purpose (the pledge is attached to the loan contract for the purpose of guaranteeing the return of the loan).
This gratuitous nature requires that the law grant special protection to a party based on considerations of equity. The advent of the material contract was "the first time that the law incorporated moral considerations as a major innovation in the concept of 'contract'". The contract of promise is later than the contract of rem, and it refers to the contract formed by agreement without any formalities.
At the beginning of its existence, it was only applicable to buying, selling, leasing, partnerships, and commissions, but it freed itself from the shackles of form and "inaugurated a new phase of contract law from which all modern concepts of contract originate".
The distinction between a contract of practice and a contract of promise in Roman law was adopted by the French Civil Code. However, the provisions of the French Civil Code on practical contracts differ from Roman law in that delivery is a requirement for the contract to be valid, rather than a requirement for its establishment. Moreover, the French Civil Code only provides for a practical contract, namely "sustenance in the original sense".
The so-called "sustenance in the original sense" refers to the act of one party accepting the movable property of the other party for free custody and being responsible for returning the original goods. It is similar to the custody contract between China and China in ancient Rome.
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1. The stage at which the law applicable to the contract is determined solely by the spatial connection factor, which is mainly based on the law of the place where the contract is concluded and the law of the place where the contract is performed.
2. Based on the principle of autonomy of will, emphasizing the stage of determining the applicable law of the contract according to the subjective intention of the parties.
1) Doctrinal signs: Dumoran's theory of autonomy of meaning in the 16th century (2) Legislative signs: Italian Civil Code of 1865
3. The contract autologous law stage based on the principle of autonomy of will, supplemented by the principle of closest connection.
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Not illegal.
The People's Bank of China is the management bank, that is, the regulatory department, which has the right to formulate China's financial policy, and the guiding interest rate to become the market interest rate is the financial policy formulated by the People's Bank of China, which is the relevant procedures for the implementation of the policy, and the court will not accept the lawsuit.
The commercial bank requested to revise the contract, but did not cause actual losses to the interests of users, but only modified the interest calculation rules, changing the original guide interest rate floating interest calculation to the ** interest rate plus point interest. In this revision process, the down interest rate is unchanged from the original ratio, and a fixed interest rate can be chosen, which is the same as the original contract and does not harm personal interests.
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The central bank implements the right to require the mandatory re-signing of historical contracts, which is only exercised under the premise that national laws allow it.
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Violating the contract law, forcibly buying and selling, bullying and dominating the market, belong to the ** patrol group to sweep away the evil forces.
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This is not an illegal act, as the loan contract is stated in the circumstances, and some situations must comply with the new regulations once they occur.
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Do you know the principle of "the law does not apply retroactively"? What's more, it's just a departmental policy of the central bank, just a regulation, not a law! Violation of the basic principles of contract law! The contract is changed by mutual agreement!
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The central bank will not ask for illegal acts. The central bank will not do anything illegal. There is no doubt about that.
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Clearly illegal, the central bank's policy is only a regulation, not a law.
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It's illegal!
Although the contract states "special circumstances", special circumstances are not arbitrary!
The highest law in China is the "National People's Congress". "Special circumstances" cannot be enforced if they violate the "National People's Congress session" or are blocked by the meeting. Just like if the "Civil and Commercial Law" violates the "Criminal Law", it is also invalid, which is a reason.
In the event of a violation of the "National People's Congress Session" under "special circumstances", the National People's Congress may try the bank for violating the law, support the house slave to recover all the principal and interest paid, and support the bank to return the house slave's "real estate mortgage certificate", and the real estate will be automatically decompressed.
After all, the Military Commission will always stand on the side of the National People's Congress.
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General Principles of the Civil Law of the People's Republic of China
1) Carried out by a person who lacks capacity for civil conduct;
2) Persons with limited capacity for civil conduct are unable to do so independently in accordance with law;
3) One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions;
4) Malicious collusion to harm the interests of the state, the collective, or a third party;
5) Violating the law or the public interest;
6) The economic contract violates the directive plan of the state;
7) Concealing an illegal purpose in a lawful form;
Contract Law of the People's Republic of China
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.
It can be seen that in the course of the implementation of the previous contract, when there is an adjustment of national policies, the part that conflicts with the national policies and regulations will become invalid by itself, and the parties need to renegotiate a solution.
Employees who go abroad should not sign contracts with unscrupulous intermediaries or individuals. The contract is an important basis for the formation of a civil legal relationship between the overseas laborer, the expatriate labor service company and the employer, and the overseas laborer should properly keep the contract text. In the event of a dispute, it will be an important legal basis for overseas workers to protect their legitimate rights and interests. >>>More