This contract has the following legal features:
(1) A contract is a legal act.
(2) All parties to the contract have equal legal status, and both parties negotiate voluntarily, and neither party may impose its own views and opinions on the other party.
(3) The purpose of a contract is to establish, change and terminate the relationship of civil rights and obligations.
(4) The establishment of a contract must have more than two parties; Two or more peacemakers not only expressed their intentions, but also expressed their intentions in the same way.
Extended data:
In order to protect the legitimate rights and interests of the parties to the contract, maintain social and economic order and promote socialist modernization, these measures are formulated. The second session of the Ninth National People's Congress of People's Republic of China (PRC) was adopted on1March 5, 1999 and implemented on1June 5438+00, 1999. * * * Article 428 of Chapter 23.
China adopted and promulgated the People's Republic of China (PRC) Contract Law at the second session of the Ninth National People's Congress on March 6, 1999. In China, contract law is a law to adjust the trading relationship between equal subjects, which mainly stipulates the conclusion, effectiveness, performance, alteration, dissolution, preservation and liability for breach of contract.
Establish principles
1. The parties to a contract have equal legal status, and one party shall not impose its will on the other.
2. The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere.
3, the parties shall follow the principle of fairness to determine the rights and obligations of all parties.
4. The parties shall follow the principle of good faith when exercising their rights and performing their obligations.
5. When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social and economic order or harm social public interests.
Meaning of contract
An agreement between two or more parties (natural persons or legal persons) on the establishment, alteration and elimination of civil legal relations. This kind of contract is the most common and important basis for generating debts, so it is also called creditor's rights contract. The economic contract stipulated in People's Republic of China (PRC) Contract Law belongs to the category of creditor's rights contract. A contract sometimes refers to an agreement in which certain rights and obligations arise. Also known as contract. Such as sales contracts, guidance contracts, labor contracts and contracts signed between factories and workshops.
Once the contract is concluded, it has legal effect immediately, and there is a relationship of rights and obligations between the two parties; Or change or eliminate the original civil legal relationship. If one or both parties fail to perform their obligations under the contract, they will be liable for breach of contract according to the contract or the law.
Classification of contracts
According to different classification standards, it can be divided into:
Planned contract and general contract
Any contract signed directly according to the national economic plan is called a planned contract. Such as purchase and sale contracts and construction contracts signed by enterprise legal persons according to national plans. Ordinary contracts, also known as unplanned contracts, are not based on national plans. The contract between citizens is a typical unplanned contract. Since the reform of economic system in China, planned contracts have been decreasing day by day. Under the condition of socialist market economy, the planned contract has been controlled in a very small range.
Double service contract and single service contract
A bilateral contract is a contract in which both parties undertake obligations, and the obligations and rights of both parties are interrelated and mutually causal. Such as sales contracts, contracting contracts, etc. A unilateral contract refers to a contract in which only one party undertakes obligations and the other party only enjoys rights. Such as gift, interest-free loan, free custody and other contracts are typical unilateral contracts.
Paid contracts and unpaid contracts
A paid contract is a contract in which one party must pay a certain price to the other party in order to obtain rights. A gratuitous contract is a contract in which one party only obtains rights without paying the price, so it is also called a favor contract. The former, such as buying and selling, reciprocal contracts, etc. , the latter such as gifts, use contracts, etc.
Promised contract and actual contract
If both parties agree on the meaning of the contract, the contract is not accepted. Unless both parties agree, the contract can only be established if it is paid in kind. It is a practical contract, also known as a material contract.
Necessary contracts and non-essential contracts
A contract is mandatory if it is valid only in a specific form; On the contrary, it is an unnecessary contract. The Economic Contract Law of the People's Republic of China stipulates that contracts between legal persons shall be concluded in written form except for immediate settlement. Except in written form, contracts for the sale of houses between citizens must be registered and transferred with the competent state authorities.
Master contract and slave contract
A contract that can be established independently without the existence of other contracts is called a master contract. A contract that can only be established on the premise that other contracts exist is called an accessory contract. For example, the creditor's rights contract is the main contract,
A guarantee contract that guarantees the performance of contractual debts is subordinate to the contract. The existence of the master contract is the premise of the slave contract, so when the master contract is eliminated, the slave contract is also eliminated in principle. On the contrary, the termination of the contract does not affect the validity of the main contract.
Contracts and appointments
An agreement to conclude a contract in the future is an agreement. The contract concluded after the performance of the appointment is this contract, that is, this contract. Where there is an agreement, everyone has the obligation to conclude this contract. If the breach of the agreement causes losses to the other party, it shall also bear civil liability.
Other contracts
Usually, the parties to a contract enter into a contract for themselves or their clients to obtain certain rights. However, in some cases, one party to a contract obtains rights or benefits for a third party, thus giving the third party an independent claim against the debtor, so it is called a contract concluded for the benefit of the third party.
A life insurance contract that pays the insured amount to the beneficiary according to the law or the contract is a typical contract concluded for the benefit of a third party, because after the death of the insured, the beneficiary is the third party. In addition, contracts can be divided into general contracts and subcontracts; Because of the contract, not because of the contract; Famous contracts and anonymous contracts, etc.