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Introduced some basic knowledge of the contract First, what is the contract? Contract, also known as contract. China's definition of the contract, the.

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Presentation on theme: "Introduced some basic knowledge of the contract First, what is the contract? Contract, also known as contract. China's definition of the contract, the."— Presentation transcript:

1 Introduced some basic knowledge of the contract First, what is the contract? Contract, also known as contract. China's definition of the contract, the contract it is the parties to establish, change or terminate some kind of civil legal relations reached "an agreement". Second, in the form of contract form of contract in our country there are so several forms: 1,writing 2, oral agreement 3,electronic contract 4,laws and regulations of other forms.

2 Third, the main content of the contract: 1, parties to the contract; 2, the subject; (the subject refers to the common point of the matter of the rights and obligations of both sides of my contract to buy a car a car is a common point of the matter of the rights and obligations of both sides, the car is the subject of the contract, such as A to B) 3, the number of quality; 4, price or remuneration; 5, the time, place and manner; 6, breach of contract; 7, the solution to the dispute. We understand that the purpose of this content is to let everyone know that when signing the contract, at least we should discuss those contents, those contents of the contract is considered the basic integrity.

3 From the drafting of the contract, the parties to the contract qualification, contract rights, obligations, sign the terms of liability for breach of the terms of the jurisdiction clause in the contract is signed the terms of the contract terms of the quality, after the completion of the contract stamped several aspects to discuss First, the drafting of the text of the contract: In the negotiations, we should pay attention to the drafting of the text of the contract, and strive for the drafting of the text of the contract. Second, the review of the contractual partner signing the qualifications and performance capabilities: We have signed, be sure to review the signing of qualifications and performance capabilities.

4  Review of the other party contract eligibility: First: review of the contract other company whether you are eligible to sign the contract (the other main qualifications exists); Second: review of whether the other party on behalf of behalf of the other companies have signed contracts eligible. Review each other ability to perform.

5 Third, both parties shall assume the rights, obligations should be clear and specific Remember vague Easy to fulfill in order to prevent the other party to fraud, should strictly examine the terms of the contract with the terms of the contract in order to make the contract specification, a clear relationship between the rights and obligations of The principal terms of the contract, particularly with regard to the place of delivery, delivery, quality standards, clearing the way, the price of the goods agreed but also to strive to express a clear, clear and complete, and must not be vague or ambiguous, if the convention is not cleargive the contract after the fulfillment lay hidden.

6 Fourth, sign Terms precautions, or how to sign fishes supplier most secure? We believe that both receiving unit responsible person or salesman signature acceptance, and stamped with the official seal of the receiving unit or business chapter, this sign is the most effective. If only clerk to sign the other side do not want to stamp any unit or chapter, this situation often in practice. In this case, we can use the following three methods to deal with:

7 1, the sign for the person in charge of the other companies. Such as the legal representative; 2, of course, the above situation the actual operation is more difficult to receipt way we can first agreed upon in the contract, such as the consignee multi-column several salesman as consignee; 3, the when set out consignee way, should also pay attention to: the original receipt units dismissal. In this case, we can contract, agreed: "If the salesman was dismissed, the other must be writing how many days in advance notify us otherwise set forth in the contract unit sign for receipt deemed" Only in this way can be done best protect our own legitimate interests will not be harmed.

8 Fifth, the liability for breach of the convention The default clause expressly agreed responsibility of breach of contract, and lay a good foundation for future litigation and human rights defenders. Liability for breach of the agreement we have to pay attention to four issues: 1, in the conventions of breach of contract, breach of contract the gold not and deposit "contract law can only choose one; Reserves the right to request the right to continue to fulfill 2, Convention liquidated damages, we pay attention to specify compensation for liquidated damages; 3, in the conventions of breach of contract, liability for breach of contract must also be clear. For example, often see "interest" fails to pay, to pay three thousandths of liquidated damages "statement of fact, these are considered the agreement is not clear; 4, convention liability for breach of contract, it is best to set out the scope of those losses belonging to the liquidated damages.

9 Sixth, agreed to the terms of the jurisdiction in Should generally be agreed by the jurisdiction of their local People's Court. Contract jurisdiction, we should pay attention to the following three issues: 1, Civil Procedure Law provisions of the contract, the jurisdiction, the parties may agree that one of the following jurisdictions: the domicile of the parties, the contract is signed, the performance of the contract, the location of the subject matter jurisdiction of the court, the choice can only choose which one otherwise agreed upon invalid. 2,choose arbitration jurisdiction must pay attention to the name of the arbitration institution shall not be wrong, can not choose more than one arbitration institution or convention invalid. Note also the convention under the jurisdiction of 3, about court jurisdiction no longer an arbitration jurisdiction, they must first choose one.

10 Seventh, clear the contract is signed, "meaning Of the criminal law: criminal cases under the jurisdiction of the crime was committed by the public security organs. The crime was committed contract fraud including contracts signed place, the place of performance of the contract. Savings when the contract is signed the terms of agreement, whether chasing correcting the crook of criminal responsibility to restore economic loss or litigation litigation costs are of great significance. Eight, the quality of the contract terms agreed 1, quality standards; 2, the quality of the objection period.

11 Ninth, the contents of the contract is completed, two copies related matters After the signing of the contracts are generally the representatives of the parties, the a Chop process. Sometimes, the other often not with the official seal on the grounds that the units first seal yourself in the contract on behalf of the back unit seal. This treatment is very dangerous. For example, after the signing of both parties on behalf of our Seal by each other to seal the other party to take back the contract change in the seal that the interests of our unit can be damaged. This time, we can ask to take a contract back stamped exchange contracts used stamped with my company, so that you can avoid the contract each other string change occurs.

12 Next talk about several issues related to several contracts to fulfill Oral contract, oral contract actually does not exist contracting process generally entered directly on a good perform. This case: it is necessary to pay attention to: 1, be sure to make the delivery note. 2, is not settled on the spot price stated on the delivery note. 3, the best format delivery note delivery note. Convention jurisdiction, quality, and other terms and conditions.

13 Second, reconciliation 1,reconciliation of the company generally should have its own format. 2, the other best legal representative, it is best to cover the official seal. 3, can be representative of the contract, that the original contract was signed. 4 Reconciliation of reasons: for example, the tax audit need to send a consult letter. Such as the company's own financial management needs, can also take advantage of each other requires us to fulfill an obligation of the contract, for example, we want the information. 5, the reconciliation payment the same day. 6, Do not take the original Dunning receivables.

14 Third, the quality of 1, should be timely objection. 2, to avoid delivery. 3, avoid processed.


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