How to deal with the re signing of the contract, and can the contract be re signed if there is a pro

If the contract is re-signed, it may be regarded as a modification of the original contract, and it is sufficient for the parties to sign a supplementary agreement after reaching a consensus through consultation. If the scope of the contract change is relatively large, then the parties can negotiate to terminate the original contract and enter into a new contract on the matters agreed by both parties, and the expression of intention expressed by both parties can be true and consistent.

Legal analysis

According to the foregoing, the re-signed contract or supplementary agreement signed by the two parties requires the parties to the contract to reach a consensus through negotiation and confirm the content of the contract change, and the part required to change is the true intention of the parties, and the change will only take effect after the signature or seal of both parties. There are two ways to amend the contract itself: first, to terminate the original contract and conclude a new one; Second, sign the relevant supplementary agreement.

When amending the contract, it is necessary to pay attention to the following aspects: First, it needs to be signed by both parties to the main contract. Second, it is necessary for the parties to reach a consensus on the matters to be amended.

Third, if the parties sign a new contract, the content of the original contract remains unchanged, but the terms that need to be amended are corrected, and they should be directly quoted into the new contract. Fourth, if a supplementary agreement is signed, the relevant content of the main contract needs to be specified in the supplementary agreement, or the main contract should be used as a form of annex. Fifth, both parties sign and confirm and fill in the specific date.

Legal basis

Civil Code of the People's Republic of China

Article 543: The parties may modify the contract by consensus.

Article 544:Where the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed.

Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds 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.

There are two ways to amend a contract, first, to terminate the original contract and conclude a new one, and second, to sign a supplementary agreement. The following aspects are required when amending the contract: First, it needs to be signed by both parties to the main contract.

Second, it is necessary for the parties to reach a consensus on the amendment. Third, if the contract is re-signed, the content of the original contract remains unchanged, but the terms that need to be amended are corrected and directly quoted into the new contract. Fourth, if a supplementary agreement is signed, the content of the main contract needs to be clarified in the supplementary agreement, or the main contract should be used as an annex.

Fifth, both parties sign and confirm and fill in the date. This is recommended by Zhang Ling, an expert in economic and financial classification.

Legal analysis: If there is a problem in the signing of the contract, if either party wants to modify the contract, it must inform the other party, and after the agreement of both parties, sign a new contract or modify or supplement the corresponding terms of the original contract, and affix the official seals of both parties in the modified place. If the contract is re-signed, it may be regarded as a modification of the original contract, and it is sufficient for the parties to sign a supplementary agreement through consultation.

If the scope of the change is relatively large, the parties can terminate the original contract through negotiation and conclude a new contract on the agreed matters, and the parties can express their true and consistent intentions.

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

Article 500 Jingshu Article 43 The parties may change the contract if they reach a consensus through consultation.

Article 510 After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. In the event that a cause for termination of the contract occurs, the person with the right to terminate the contract may terminate the contract by the number of rounds.

The contract is re-signed and the original contract is null and void.

After the signing of the second contract, if there is any inconsistency between the two contracts, it shall be regarded as an amendment to the first contract, and the second written contract shall prevail, and the agreement in the previous contract shall be naturally invalid. If it is agreed that the previous contract shall be annulled, a special clause shall be entered into in the second contract, which expressly stipulates that the original contract shall be annulled after the entry into force of this contract.

After the debtor receives the notice of assignment of creditor's rights, the debtor may assert against the assignor the defense against the assignee. It is also necessary to see whether there is an agreement on this content in the new contract signed by the two parties, and if the two parties have agreed, it will be carried out in accordance with the agreement of both parties. The agreement comes into force after being signed by both parties, and the agreement is a contractual document of two or more parties, and its function is basically the same as that of a contract.

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. The legal effect of contracts and agreements in force is the same. Unless it is not in force or is invalid due to some code of the Greetings.

A contract or agreement that needs to be notarized only fixes and strengthens the validity of the contract or agreement, and if it is not required by law and the parties to the contract or agreement have not agreed, special notarization is not required.

Two copies of a contract or agreement are generally sufficient. Each party to the contract holds one copy, and if there is a third copy, it is likely to be given to the witness or a third party, and this function is also to strengthen the validity of the contract or agreement, which is agreed by the parties. Contracts or agreements are generally just different in name and name.

As long as it does not violate the law and moral customs, the parties can arbitrarily agree on the name, content and form of the contract or agreement, which is valid.

Civil Code of the People's Republic of China

Article 490:Where 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. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Legal analysis: as long as both parties reach an agreement, the contract can be changed at any time; If the parties cannot agree, it cannot be amended.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds 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: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 time limit for performing the letter, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

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;

4) One of the parties is slippery, delayed, delayed in performing debts, or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.