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Contracts, also known as "deeds". Contracts have two meanings: broad and narrow. A contract in a broad sense refers to an agreement that determines rights and obligations, etc.
Contracts in a broad sense include not only creditor's rights contracts and identity contracts in civil law; It also includes administrative contracts under administrative law, labor contracts under labor law, and state contracts under international law. A contract in the narrow sense refers to a civil contract, which refers to a contract that establishes, modifies, or terminates the relationship of civil rights and obligations. Contracts in the narrow sense include not only creditor's rights contracts, but also property rights contracts and identity contracts.
Article 2 of the Contract Law of the People's Republic of China stipulates that a contract is an agreement between natural persons, legal persons and other organizations that are equal subjects to establish, modify or terminate civil rights and obligations. However, agreements related to status relationships, such as marriage, adoption, and guardianship, are not contracts regulated by the Contract Law, and the provisions of other laws apply. It can be seen from this that the contract in China's Contract Law is neither a broad contract nor a narrow contract mentioned above.
Entry into force and lapse of treaties.
The entry into force of a treaty means that the treaty becomes binding on the contracting parties. The manner and date of entry into force depend on the provisions of the treaty or the agreement of the parties. There are about 3 ways in which a bilateral treaty can enter into force:
1 Takes effect on the date of signature or on the date specified and does not require ratification or exchange of ratifications. Most of these treaties are economic, technical, technical or cultural agreements. 2 Effective from the date of ratification by both parties, no exchange of ratifications is required.
If the Contracting Parties ratify the treaty on the same day, the treaty enters into force on that date; If the dates are different, it shall enter into force from the date of the last notification of approval by one of the Contracting Parties. 3 Entry into force on the date of the exchange of ratifications. The entry into force of significant, politically strong or permanent boundary treaties is usually done in this way.
Some multilateral treaties require all signatories to ratify before they can enter into force, while others require a certain number of States or specific States to submit instruments of ratification before they can enter into force, such as the Charter of the United Nations in 1945, which comes into force when China, France, the Soviet Union, the United Kingdom, the United States, and more than half of the other signatories deposit their instruments of ratification with the United States.
Judging from the current law of our country, an oral agreement is valid, but the party who claims the existence of an oral agreement should adduce corresponding evidence to prove it.
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The difference between a contract and a deed is as follows:
1. A contract is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, change, and terminate civil rights and obligations, and contracts established in accordance with law are protected by law. There is also the narrowest sense of the contract, which only refers to the creditor's rights contract in the civil contract;
2. Contract refers to a form of social agreement in which individuals can freely conclude agreements to create rights, obligations and social status for themselves.
[Legal basis].
Article 464 of the Civil Code of the People's Republic of China: A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.
Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature. Article 465: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: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 in electronic data interchange, e-mail, etc., and that can be accessed at any time 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.
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There is no difference between a contract and an agreement in practice. It is a kind of contract reached by the agreement of both parties. There used to be a distinction between a contract and a contract.
A contract is a civil legal act established by two parties based on the agreement of opposing intentions, such as a sales contract. A contract is a civil juristic act established by two or more parties based on the agreement of their intention to parallel directions, such as a partnership contract. China's current law no longer makes such a distinction, and collectively refers to the two as contracts.
Legal basis: A contract established in accordance with law under Article 502 of the Civil Code of the People's Republic of China 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.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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