What is the legal difference between an agreement and a contract?

The legal difference between an agreement and a contract: 1. The contract has provisions on liability for breach of contract, but the agreement does not. The contract is characterized by being clear, detailed, specific, and provides for liability for breach of contract; The characteristics of the agreement are that there is no specific subject matter, simplicity, generalization, and principles, and it does not involve liability for breach of contract.

Therefore, the distinction between an agreement and a contract should be determined according to its substance. If the content of the agreement is written clearly, concretely, in detail, and completely, and involves liability for breach of contract, even if its name is written as an agreement, then it is still a contract; If the content of the contract is written in a general, principled and non-specific manner, and does not involve liability for breach of contract, even if the name is written as a contract, it cannot be called a contract, but an agreement.

Article 465 of the Civil Code of the People's Republic of China.

Validity of a contract established in accordance with lawA contract established in accordance with law is protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

There is no legal difference between an agreement or a contract, but it is only called differently, and it is a kind of contract reached by both parties expressing the same intention.

An agreement refers to a contract with political, economic or other relations concluded by the relevant state, political party, enterprise, public institution, social group or individual on the basis of consultation on an equal footing. An agreement is basically the same as a contract in terms of its meaning, function, format, form, etc.

Both economic contracts and agreements with economic content can be called contracts, both of which are legal documents that establish the legal relationship between the parties.

Data Extensions

An agreement is a written material signed by two or more parties who cooperate in life after reaching an agreement through mutual consultation in order to protect their respective legitimate rights and interests. An agreement is a type of contractual instrument. It is a legally effective record application document signed by both parties (or parties) in order to resolve or prevent disputes, or to establish a certain legal relationship, and to achieve certain common interests and wishes, after reaching an agreement through consultation.

Contracts are also known as "contracts", and in legal theory, there are different understandings of the concept of contracts. Civil law systems generally define a contract as a legally recognized agreement regarding a debt. In common law systems, a contract is generally defined as a promise that can be legally enforced.

Legal Analysis: The legal difference between an agreement and a contract: The characteristics of an agreement are that it has no specific subject matter, is simple, general, and principled, and does not involve liability for breach of contract.

The contract is characterized by being clear, detailed, specific, and provides for liability for breach of contract; If the content of the agreement is written clearly, concretely, in detail, and completely, and involves liability for breach of contract, even if its name is written as an agreement, it is still a contract.

Legal basis: Article 470 of the Civil Code 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;

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.

1. The legal difference between an agreement and a contract.

1. The difference between the two: the contract is characterized by being clear, detailed and specific, and stipulates that there is liability for breach of contract; The characteristics of the agreement are that there is no specific subject matter, simplicity, generalization, and principles, and there is no liability for breach of contract. From the point of view of its distinction, the agreement is the basis for the conclusion of the contract, and the contract is the concretization of the agreement.

2. Legal basis: Article 469 of the Civil Code of the People's Republic of China.

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.

2. The legal consequences of the invalidity of the agreement are:

After the contract is confirmed to be invalid, if it has not been performed, it shall not be performed, and if it is being performed, the performance shall be terminated immediately.

1. Do not deal with those without consequences.

2. Return of property between the parties.

The ways in which property is returned can be divided into:

1) If the contract has been partially or fully performed before it is confirmed to be invalid, and there is no obvious damage to the national and social public interests, the property shall generally be returned. If the original item no longer exists at the time of return or there is no need to return the original, compensation shall be made at a discount;

2) If the party at fault has caused losses to the other party, it shall compensate the other party for the losses suffered thereby, and if both parties are at fault, each party shall bear the corresponding responsibility;

3) If the third party at fault causes losses to the parties, it shall bear the corresponding responsibility.

3. Confiscation of Illegal Property to the State Where the parties maliciously collude to harm the interests of the state, the collective, or a third party, the property thus acquired shall be returned to the state, or returned to the collective or a third party. If both parties have intentionally, neither party has the right to demand the return of the property, and the property that has been paid by the parties to the other party or agreed to be paid to the other party but has not yet been given to the other party shall be recovered and confiscated and turned over to the state treasury; or impose a fine in accordance with the relevant regulations; where the circumstances are serious and constitute a crime, it shall be transferred to the judicial organs for investigation of criminal responsibility in accordance with law.

1. The agreement is the basis for concluding the contract, and the contract is the concretization of the agreement;

2. The agreement does not have specific objects and principles, and does not involve liability for breach of contract, while the contract is clear, detailed and specific, and generally stipulates liability for breach of contract.

Article 464 of the Civil Code.

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 is no provision for pidan, the provisions of this Part may be applied by reference to the nature of the hunger.

Article 471.

The parties may make an offer, promise or other means when entering into a contract.

The difference between the agreement and the contract in law is that in terms of content, the content of the contract is more slippery and detailed, and it will also involve liability for breach of contract, but the agreement will not have such a detailed content, nor will there be a clear division of liability for breach of contract. Nowadays, most things need to be signed, even if it is renting, working, buying a house, buying a car, etc., although we are not a legal professional, we must also be clear about our legitimate rights and interests.

First, there is a difference between an agreement, a contract, and a contract.

Contract and agreement are two concepts that have both similarities and differences. They should be determined on the basis of their substance, not just their names. If the content of the agreement is clear, specific, detailed and complete, and involves liability for breach of contract, even if its name is an agreement, it is still a contract; If the content of the contract is general, principled, and not specific, and does not involve liability for breach of contract, even if its name is written as a contract, it cannot be called a contract, but an agreement.

Clause. 2. What are the characteristics of the contract?

1. A contract is a civil legal act. Civil acts are legal acts carried out by civil entities that can lead to the establishment, modification, or termination of civil rights and obligations. As a civil legal act, a contract is different in nature from factual acts such as tort and found lost property.

2.A contract is essentially a legal act, and only when the expression of intent made by the parties to the contract meets the requirements of the law can it be legally binding and protective. If the parties show that they are talking about violating the law, even if an agreement is reached, it will not have the effect of the contract.

The purpose of a contract is to establish, modify or terminate the relationship of civil rights and obligations.

To sum up, I think you already know what are the differences between agreements and contracts, to put it bluntly, the agreement is a simplified version of the contract, and the contract is the standard of the agreement. In addition, only legal contracts are legally valid, and illegal contracts will not have any legal effect.