What are the procedures for signing a contract What are the procedures for signing a contract

There are two stages in the formation of a contract: (1) an offer. An offer is also known as an offer, an offer, an offer or an offer.

According to article 14 of the Contract Law, "an offer is an expression of intent to conclude a contract with another person". An offer is an expression of intent by one party to conclude a contract, which takes effect when it reaches the offeree, and the offer is binding on both the offeror and the offeree. (2) Commitment.

A promise is also known as an acceptance or an offer. According to Article 21 of the Contract Law of the People's Republic of China, "an acceptance is an expression of the offeree's intention to agree to the offer.

The contract is formed when an offer is accepted by the offeror and indicates that an agreement has been reached between the parties.

The procedures for the conclusion of a contract are:

1. The two parties negotiate on the conclusion of the contract;

2. Both parties draw up contract documents;

3. After the contract document is drafted, both parties sign or affix their seals;

4. Other procedures for the conclusion of the contract.

[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.

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) The price or remuneration;

6) The time, place and method of performing the chain upgrade;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

1) The parties have reached an agreement on the content of the contract;

2) Draw up a written contract;

3) If there is no objection after the parties have reviewed and approved, it shall be established after both parties sign or seal the contract.

According to Article 483 of the Civil Code, the contract is formed when the undertaking takes effect, unless otherwise provided by law or otherwise agreed by the parties.

Paragraph 1 of Article 490 stipulates that if the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

[Legal basis].Article 483 of the Civil Code.

The contract shall be formed when the undertaking takes effect, unless otherwise provided by law or otherwise agreed by the parties.

Article 490 (1).

If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

1. Procedures for terminating the contract.

The process of terminating a contract is divided into the following situations:

1) Procedures for terminating the agreement.

The termination of the agreement depends on the unanimous expression of intent of both parties to terminate the contract, and there is no need for the existence of the right to terminate. The agreement between the two parties generally goes through the two stages of offer and acceptance, and when the two parties reach an agreement through negotiation, the contract is terminated in accordance with the law.

2) Procedures for exercising the right of rescission.

1) Notify the other party.

2) If there is an objection to the termination of the contract, it may be resolved by requesting a statutory authority.

3) Where laws and administrative regulations stipulate that the termination of a contract shall go through approval and registration formalities, the provisions of the special procedures shall be observed.

3) Procedures for court rulings.

In the case of rescission of a contract by applying the principle of change of circumstances, the parties shall submit a request to the court to terminate the contract, and the court shall make a decision according to the specific circumstances of the case and the legal elements of the principle of change of circumstances.

2. What principles should be followed in the performance of the contract?

In addition to the principles of equality, fairness, honesty and credit, the performance of the contract should also follow the following unique principles for contract performance, namely, the principle of proper performance, the principle of full performance, the principle of collaborative performance, the principle of economic reasonableness and the principle of change of circumstances. The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Signing a contract usually requires two stages: offer and acceptance. According to Article 471 of the Civil Code, the parties may conclude a contract by way of offer, acceptance or other means. If the contract is not committed, but only stays at the stage of the Shanpatan offer, then the contract cannot be established.

In addition, the law allows the parties to conclude a contract by means other than offer or acceptance.

In addition, if the law or the parties have agreed on the requirements for the contract to be effective, then the contract can only take effect after the performance of certain matters in accordance with the provisions of the law or the agreement of the parties. For example, contracts that need to be submitted for approval, contracts that must be adopted, and contracts with articles and articles.

Article 469 of the Civil Code Law stipulates that 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.

The procedures for the conclusion of a contract are generally as follows: 1. One party issues a contract to conclude a contract; 2. If the offeree agrees to the offer, it may make corresponding commitments; 3. If the commitment takes effect, the contract is established. 4. If the contract is concluded in written form, the parties shall sign and seal it.

According to Article 471 of the Civil Code, when a party concludes a contract, it may take the form of offer, acceptance or other means. Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

[Legal basis].Article 471 of the Civil Code of the People's Republic of China [Method of Conclusion of Contract] When a party enters into a contract, it may adopt the method of offer, acceptance or other means.

Article 483 of the Civil Code of the People's Republic of China [Time of Formation of Contract] The contract is formed when the commitment takes effect, except as otherwise provided by law or otherwise agreed by the parties.

The process of signing a contract includes: the gestation stage, that is, the two parties negotiate and discuss the main content and various terms of the contract, and reach an intentional text framework agreement. This is followed by the offer stage, where one party issues an expression of intent to enter into a contract, and the offer takes effect when it reaches the offeree.

Finally, there is the commitment phase. The stool ear offer is accepted by the offeror, indicating that the parties have reached an agreement, and the contract is declared.

Article 484 of the Civil Code of the People's Republic of China applies to the time when a commitment made by way of notice takes effect, and the provisions of Article 137 of this Law apply.

If the acceptance does not require notification, the acceptance shall take effect when the acceptance is made in accordance with the trading customs or the requirements of the offer.

Article 137 of the Civil Code of the People's Republic of China provides that an expression of intent made in the form of dialogue shall take effect when the counterpart becomes aware of its contents.

Expressions of intent made in a non-dialogical manner shall take effect when they reach the person who is in charge of the relative date. Where an expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message shall take effect when it enters the specific system; Where a specific system is not specified, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.

Article 400 and Article 83 of the Civil Code of the People's Republic of China shall be formed when the commitment takes effect, unless otherwise provided by law or otherwise agreed by the parties.

The process of signing a contract is generally divided into three stages. The first stage is the gestation stage, where the two parties negotiate and discuss the main content and various terms of the contract to reach an intentional text framework agreement. The second stage is to draft the text by one party, and hand the draft text to the other party for revision and supplementation, and then hand it over to the other party for review and modification, which is the proposal and modification stage of the text.

The first is the agreement to conclude the contract, that is, there is an intention to reach the contract. The links that need to go through the offer and acceptance required by the "Chasan Car Contract Law" can refer to the provisions of the "Contract Law" for details. When entering into a contract, the parties shall have the corresponding capacity for civil rights and civil conduct.

The parties may entrust a person to conclude a contract in accordance with the law.