Examples of actual behavior and agreed behavior

Common agreed contracts include: lease contract, contract, transportation contract, technology development contract, storage contract, entrustment contract and intermediary contract. Common practical contracts include: warehousing contract, custody, establishment pledge, private lending, etc. Practice contract is an act that must be performed when the contract is established. A practical contract, also known as a material contract, refers to a contract that can only be established after the parties agree and deliver the subject matter. The significance of distinguishing the agreed contract from the actual contract lies in determining whether the contract is established and the time of risk transfer of the subject matter. If the gift contract must deliver the subject matter, the contract is established. According to whether other realistic payments are needed besides the parties' expression of will, a promise contract can be divided into a promise contract and an actual contract. A non-acceptance contract refers to a contract in which the parties agree and the contract can be established. A promise contract is a promise contract, such as a loan contract.

The actual behavior cannot take effect because of the completion of the expression of will. Therefore, exceptions to the establishment of civil juristic acts must usually be determined by agreement or legal provisions. According to China's current laws, contracts such as custody, custody and pledge belong to actual civil legal acts. In addition, if there is no agreement between the two parties, it shall be deemed as an agreed act. An agreed civil juristic act is an act that can be established when both parties agree on their intentions, and it does not take the delivery of the subject matter as an element; Actual civil juristic act refers to a civil juristic act that can only be established by delivering the subject matter except the agreement of the parties. The actual civil juristic act is also called substantive act because of its delivery characteristics.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.