Is it better to sign a contract or a letter of agreement or a letter of intent between private indiv

Of course, it is good to sign a contract, and the agreement or the letter of intent is a fact that is not so certain.

1. The angle range is different. Agreements tend to deal more with macro perspectives and general principles.

2. The content requirements are different. The content of the agreement is not as specific as the contract.

3. The length of failure is different. Letters of intent are generally valid for a shorter period of time.

4. A letter of intent does not have the force of law like an agreement.

Contact: A letter of intent is a precursor to a "letter of agreement" or "contract". Additional Information:

A letter of intent is an instrument of intent between two or more parties to express a preliminary idea before formally signing a treaty or reaching an agreement on something.

A letter of intent is an instrument that expresses the intention to conclude an agreement and is agreed to by the other party. Such an instrument is intended to indicate an intention and is not a formal agreement.

The letter of intent laid the foundation for further formal signing of the agreement, which was mostly used in the field of economic and technical cooperation.

There are broad and narrow definitions of agreements.

The agreement is a written material signed by two or more parties to the cooperation in social life after reaching an agreement through mutual consultation in order to protect their respective legitimate rights and interests.

In a broad sense, an agreement refers to a "contract" document commonly used by a social group or individual in dealing with various social relations and affairs, including contracts, protocols, treaties, conventions, joint declarations, joint statements, articles, etc.

In the narrow sense, an agreement refers to a contractual instrument with economic or other relations concluded by a state, a political party, an enterprise, a group or an individual on a certain issue after negotiation or joint consultation. The agreement is an important part of applied writing.

Contracts are binding, but the law does not regulate the validity of letters of intent, and usually the content of letters of intent contains clauses that make them unbinding. If the letter of intent contains clauses such as "this letter of intent is not legally binding" and "the rights and obligations of the parties are specifically determined by the formal contract", these clauses in the letter of intent usually indicate that the parties do not wish to be bound by the relevant content. Therefore, in general, a letter of intent does not have the same legal effect as a contract.

It's good to sign a contract between everyone.

I was hired, and now there is a way to recruit on behalf of you, you know, that is, you are not their person, just the person they helped find, and your final contract is still signed with that, such as the exam organized by the Public Security Department, you passed, but your final personnel relationship may be the local police station, and the person who signed the contract with you is only the police station. As the name suggests, the agreement means negotiation and discussion, so you only have the right to discuss with the public institution, and the two parties do not have any legal responsibility. That is, you have become a reserve, and others will only use you when necessary.

Now it's time for you to go through the relationship, if there is someone above, then you will be hired if there is a random position, and if no one asks clearly, you can find a way out.

People say that you are a substitute, that is, people have vacancies, you have a chance, to put it bluntly, it is to ask you to wait, time is unlimited, it is recommended that you still call ** ask, if not immediately joined, you still look for a job.

If you normally find a job, you have to sign an employment agreement, and you are obviously a substitute? Ask the unit.

Differences: 1. The angle range is different. Agreements tend to deal more with macro perspectives and general principles.

2. The content requirements are different. The content of the agreement is not as specific as the contract.

3. The length of failure is different. Letters of intent are generally valid for a shorter period of time.

4. A letter of intent does not have the force of law like an agreement.

Contact: A letter of intent is a precursor to a "letter of agreement" or "contract".

In principle, the letter of intent does not have legal effect, but if the content is specific and clear, and the liability for breach of contract is stipulated, and the content of the contract is met, it can be found to be valid, and specific issues need to be analyzed on a case-by-case basis.

The content of the contract is the relationship of civil rights and obligations between the parties to the contract, while the content of the letter of intent is only the unanimous determination of the common consciousness of the parties to the contract on a certain matter, and is not the relationship of civil rights and obligations between the two parties.

The signing of a contract will lead to the production of legal effect and be binding on the contracting entity, while the signing of the letter of intent will not lead to the production of legal effect and will not have the binding force on the contracting entity. However, some letters of intent have the content of the legal rights and obligations between the contracting parties, so they are legally binding on the contracting parties, and in fact they are already contracts, but the names are different. Therefore, the letter of intent cannot be one-sidedly considered to have legal effect or does not have legal effect, and the key is to see whether its content has the content of the contract.

Whether it is called a letter of intent or an agreement, it is just a term for an offer, and it is a form of contract. However, when the contract is signed, it must come from the true will of the parties to the offer, and it must also be lawful, fair and voluntary, according to the situation you said, I will not say whether the content is valid, but from the procedural point of view, this letter of intent has no legal effect, because your relatives are contracting a small piece of mountain in the village, which is owned by the collective, and the subcontract must be approved by the village, and the private subcontract is invalid. If there is no actual performance, you can simply make it clear to the other party that you will terminate it.

If it has already been fulfilled, the people's court may be sued to revoke the letter of intent.

A letter of intent isn't a contract, is it? It's just that it means to sign a contract with you.

A letter of intent generally falls under the category of "invitation to offer" in legal theory, and an "invitation to offer" is an intention to sign a contract with the other party. Origins of the Anglo-American legal system Therefore, generally speaking, the letter of intent itself is not a contract. However, the fees and other terms of the transaction in the letter of intent are clearly stipulated, which are regarded as part of the contract.

In the lawsuit, it is more inclined to whether your letter of intent has the nature of a contract, because it has been signed and has been performed, so the litigation court is more likely to be determined to be of a contractual nature. It is recommended to negotiate, and if the negotiation fails, the lawsuit will be re-litigated, and the maximum compensation will be. Moreover, the interpretation of Article 14 of the domestic contract law is not very operational, so there will not be much problem.

I personally believe that if in the letter of intent, the terms and conditions involved in the subject matter, price, payment period and other terms are particularly clear, then although the title is a letter of intent, its actual nature should be determined as a contract, and once the contract is signed, the obligations should be performed unless there are special provisions in laws and administrative regulations.

Combined with what you said, if you want to terminate the letter of intent, it depends on whether there is a breach of contract clause in the letter of intent or whether the other party has done the work related to accepting the mountain after signing the letter of intent.

1. Regarding the legal effect of the "Form of Intent to Extend the Labor Contract": This form is a questionnaire made by the employer to understand the employee's intention to renew the labor contract after the expiration of the labor contract, and is a document of intent for both parties to renew the labor contract. Therefore, even if the "departmental opinion" column on the form says that the one-year renewal is written, it only represents the opinion of the employer and is not binding on you.

You can still make your own requests. 2. In accordance with the provisions of Article 14 of the Labor Contract Law, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) The employee has worked for the employer for 10 consecutive years.

According to the above legal provisions, if you propose to conclude an indefinite-term labor contract when you conclude an employment contract, the employer shall enter into an indefinite-term employment contract, which is the obligation of the employer. 3. Paragraph 5 of Article 46 of the Labor Contract Law stipulates that, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the employer shall give economic compensation if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law (Paragraph 1 of Article 44 refers to the termination of the labor contract upon expiration).

Therefore, unless you do not agree to renew the contract at the expiration of the contract, the employer should pay you severance if you leave the company after the contract expires. Severance is one month's salary for each year of service, and if it is six months but less than one year, it will be calculated as one year; If it is less than six months, it shall be calculated as half a year and pay half a month's salary. 4. According to what you said, the employer should sign an indefinite labor contract with you, if the employer must sign a fixed-term contract, you can complain to the labor bureau or file labor arbitration with the labor dispute arbitration commission.

Even if you leave your job, your employer should compensate you financially for the number of years you have worked.

Originally, logically speaking, you should indeed sign an indefinite labor contract, but the law stipulates that if you have worked continuously for 10 years, when renewing the labor contract, if the employee proposes to sign an indefinite labor contract, the enterprise should sign an indefinite labor contract, and you can now say that you have given up the right to sign an indefinite labor contract. Of course, after the expiration of the contract, you can get financial compensation for terminating the contract.

Unless you can prove that the company committed fraud when signing the agreement of intent and the employment contract with you, or did not inform you that you have the right to sign an indefinite employment contract, which violates the employee's right to know, resulting in you wrongly choosing to sign a one-year functional contract and requesting to sign an indefinite employment contract again.

Letters of intent, agreements, and contracts are not the same in terms of legal effect.

1. There is no substantial difference between the agreement and the contract. Theoretically, an agreement has a larger extension than a contract. This is because the contract stipulated in the Contract Law is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, modify, and terminate civil rights and obligations.

It does not include agreements related to status relationships such as marriage, adoption, guardianship, etc. Agreements between unequal subjects naturally do not apply to the provisions of the Contract Law.

For example, agreements on labor law. In practice, there is no substantive distinction between the concepts of "agreement" and "contract" in civil activities. That is, we may call it an agreement, or we may call it a contract. However, the provisions of the contract law apply, and there is no difference in effectiveness.

2. A letter of intent is a consultative application document between the state, units, enterprises, economic entities and individuals on a certain matter before formally signing a treaty or reaching an agreement, one party expresses its basic attitude or puts forward a preliminary idea to the other party.

The main function of the letter of intent is to convey the "intention", draw the attention of the other party or provide reference, which can restrain the actions of both parties and ensure the interests of both parties; The letter of intent can reflect the relationship between the business and the work, and can ensure that the business develops in a healthy and favorable direction; A letter of intent lays the groundwork for a formal agreement or contract.

A letter of intent is a record of the basic points of view of the parties during the negotiation process, and once a formal agreement is reached, the mission of intent is accomplished. A letter of intent does not have the force of law like an agreement or contract.

Additional Information:A letter of intent is not the same thing as a contract.

First of all, it should be affirmed that the letter of intent is the basis and prelude before the signing of the contract or agreement, and is known as the precursor in the concept, which shows that the letter of intent expresses the preliminary idea before the formal signing of the contract and agreement, and is not the same thing as the contract.

This is a common tool in business negotiations in economic cooperation. According to the concept and content of a letter of intent, it is different from the agreement on rights and obligations in a contract, and it is only a written document with reservations to be negotiated and procedurally determined.

However, in some cases, the letter of intent can also have some legal effect.

According to Article 37 of the Contract Law, if a contract is concluded in the form of a contract, the contract shall be established if one of the parties has performed its main obligations and the other party has accepted it before signing or sealing.

That is to say, if the letter of intent already has the main terms of a contract, such as the buyer and the seller have agreed on the sale, the subject matter of the sale, the delivery time, the delivery method, the breach of contract, etc., and the parties have not expressly excluded its binding effect, and one party has begun to perform some of the obligations contained in the letter of intent, and the other party has accepted it, although no contract has been concluded at this time, the letter of intent should generally be considered legally binding and can also be regarded as a "contract".

As long as the content is legal, the legal effect of the three is the same, and the difference is only the title. For example, to buy a second-hand house, you go to a real estate company to sign a letter of intent, and then the real estate company introduces you to the buyer, and you later contact the party directly with the multinational real estate company (saving real estate agency fees), then, according to the letter of intent, you still need to pay the intermediary fee; The agreement is generally an agreement signed by the parties privately or at a notary office when the parties have economic and other disputes, which has legal effect. Needless to say, contracts generally have a time limit, such as a common employment contract.

In fact, all three are the same, but the contract is the most formal. Hope it helps.