Which is more legally binding, a contract or an agreement

Generally speaking, the legal effect of a contract and agreement in force is the same, unless it is not in force or is invalid due to some conditions. As long as it does not violate the law and morality, the parties may arbitrarily agree that the name, content and form of the contract or agreement are valid.

Legal analysis

Contract and agreement are two concepts that have both common points and differences, and should not be distinguished by their names alone, but should be determined by their substance. Contract and agreement are the same concept, agreement is a customary name, agreement is a synonym for contract, but the word contract is often used in legal norms. 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.

A contract is an agreement with a specific content, and an agreement that also has the above characteristics is a contract. Contracts are characterized by being clear, detailed, and specific, while agreements are characterized by simplicity, generalization, and principles. In practice, a contract can appear under different names, and the name is not important, the key is to look at its content.

According to its substance, if the content of the agreement is written clearly and involves the liability for breach of contract, even if the name is written as an agreement, it is still a contract; If the content of the contract is written in a more general and unclear 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. In fact, a contract is an agreement with specific content, which is used to stipulate the rights and obligations between the parties.

Legal basis

Civil Code of the People's Republic of China

Article 464:A contract is an agreement between civil entities 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.

The contract is stipulated in the contract law and must be legally valid, and the agreement is agreed by both parties and can only have legal effect after notarization.

A contract is more legally efficient because it is relatively signed and then stamped by both parties.

Contracts are more legally valid and illustrative than agreements.

Legal analysis: Contracts have the same legal effect as agreements. A contract established in accordance with law shall take effect from the time of its establishment.

Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions. Statutory circumstances under which a contract is invalid: 1. One party concludes a contract by means of fraud or coercion, which damages the interests of the state; 2. Malicious collusion to damage 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 the mandatory provisions of laws and administrative regulations.

Legal basis: Civil Code of the People's Republic of China

Article 492: The place where the undertaking takes effect is the place where the contract is formed.

If a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded; If there is no principal place of business, its domicile shall be the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

Article 493:Where the parties conclude a contract in the form of a written contract, the place where the contract is finally signed, sealed, or fingerprinted shall be the place where the contract is concluded, unless otherwise agreed by the parties.

There is no difference between the legal validity of a contract and an agreement. Article 2 of the Civil Code makes it clear that the contract referred to in this Law is an agreement between natural persons, legal persons and other organizations that are equal subjects to establish, modify or terminate civil rights and obligations.

The provisions of other laws apply to agreements related to status relationships, such as marriage, adoption, and guardianship. Therefore, a contract is an agreement, and the vast majority of agreements are contracts, and only agreements involving marriage, adoption, guardianship, and other related status relationships do not apply to the Civil Code, and these agreements cannot be called legal or civil code contracts but other agreements. While contracts and agreements have something in common, they also have their distinct differences.

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. From the perspective of its difference, the agreement is the basis for signing the contract, and the contract is the concretization of the agreement. ,1.

The subject is qualified, that is, both parties to the contract must have the qualification to enter into the contract. ,2.The expression of intention is true, that is, the content of the offer or promise made by the parties to the contract in the whole process of concluding the contract is the manifestation of their own independent will and is the true expression of their intention.

3.The content is legal and the form is in accordance with the requirements. The circumstances of contract termination include negotiated termination, agreed termination and statutory termination.

Article 562 of the Civil Code stipulates that the parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the reasons for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563, paragraph 1.

Items 1, 2 and 3 stipulate that the parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties expressly expresses or expresses by its own conduct that it will not perform the main obligation; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded.

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; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; 8) Methods of Dispute Resolution. The parties may refer to the model texts of various types of contracts to conclude a split and tong contract.