Legal analysis
Because the contract is the result of the real agreement of the parties, both parties to the transaction generally determine their rights and obligations through the terms of the contract. So how to standardize the contract terms is a problem that enterprises should pay special attention to. Controlling legal risks in terms of contract is an important matter for all enterprises, and it should be strengthened in the following aspects: 1. The purpose of the contract needs to be clear: the purpose clause of the contract is the soul of all specific terms of the contract and the "bottom-up" clause of all contracts. It is helpful to guide how to identify the true meaning of other terms. In judicial proceedings, it is also conducive to guiding the judge's discretion. 2. The terms of the contract are complete and the contents are clear and complete: (1) It has eight basic terms of the contract listed in the contract compilation in relevant laws and regulations; (2) Whether the peripheral clauses regulating the order of the contract itself are complete, such as whether it is convenient for notification and delivery. (3) The names, residences, mailing addresses and telephone numbers of both parties to the contract shall be complete and accurate. The name shall be completely consistent with the signature and seal, and the abbreviations and customary names in the contract text shall be explained or explained. (4) The objectives of the contract should be clear and specific. (5) Use the full name and registered trademark of the general name of the subject matter, and add other general titles. Where the same object or foreign object with the same name appears due to cultural and geographical differences, the exact name of the subject matter shall be accurately marked. According to relevant national laws and regulations, combined with industry business practices, product element information of the subject matter, such as specification, model, color, origin, quality grade, imported/domestic, original/assembled, weight/capacity unit, industrial supplies/daily necessities, etc. , should be marked in detail.
legal ground
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.