A non-commitment contract refers to a contract in which one party expresses its intention that once the other party approves it, it will become legally effective, that is, a contract that promises a thousand dollars. The characteristic is that the contract is established when both parties agree. Sales contracts, lease contracts, contracting contracts, construction engineering contracts, technology contracts, technology development contracts, warehousing contracts, entrustment contracts, brokerage contracts and intermediary contracts are all non-contracts.
The understanding of the contract of carriage is controversial. But basically it should be a promise contract.
The understanding of the gift contract is controversial. Some scholars believe that general gift contracts (which do not distinguish between written gifts and oral gifts, but do not include gifts with social welfare and moral obligations and notarized gifts) are stipulated as practice contracts in principle; Gift contracts with social welfare and moral obligations and notarized gift contracts are accepted contracts.
Question 2: What is a lawyer named Miao Zicheng? Your classification is unreliable. One-way and two-way correspondence, commitment and practice correspondence. Private lending is a practical contract, and financial institutions are agreed contracts. Loan contracts are all bilateral contracts.
Question 3: Is the loan contract a commitment contract? Generally speaking, it is a promise contract. But the loan contract between individuals should belong to the practice contract. According to the Contract Law, the loan between individuals takes effect when the money is delivered.
Question 4: What belongs to the promise contract is _ _ _ _. The general gift contract belongs to the practice contract, not the promise contract, that is, the general gift contract is the practice contract. In other words, you can go back on your word before the actual execution. However, a gift contract or a notarized gift contract with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation belongs to a promise contract. In other words, once you have a gift, you can't go back on your word. Custody contracts are practical contracts, and only contracts that pay a deposit can be established.
Therefore, the unfinished contract belongs to ACD, that is, as long as both parties agree, the contract can be established.
Question 5: What do you mean by accepted contract, important contract and optional contract? 1. Non-acceptance contracts refer to contracts that can be established with the consent of the parties, such as family insurance contracts and gift contracts.
2. Compulsory contracts refer to contracts with certain forms and procedures required by law, including written forms, e-mails and faxes. Such as construction project contracts and technology transfer contracts.
3. Other contracts refer to contracts that do not require certain forms and procedures by law, such as private lending contracts.
Question 6: Why is a sales contract a promise contract? Sales contracts are mostly agreed contracts, unless otherwise stipulated by law or agreed by the parties. Generally speaking, when the parties reach an agreement on the sale, the sale contract is established, and the actual delivery or price of the subject matter is not a necessary condition for the establishment. This is clearly stipulated in the laws of some countries, such as the French Civil Code. When the parties agree on the subject matter and its price, the sale is established even if the subject matter has not been delivered and the price has not been paid. However, the parties to the sales contract can also make such an agreement in the contract, and the sales contract is only established when the subject matter or the price is delivered. At this time, the sales contract is a practical contract or a material contract.
Question 7: What's the difference between a practice contract and an agreed contract? An agreed contract is an established contract. That is, the two sides reached an agreement on the main terms of the contract, that is, the contract was established. If there is no other agreement, the contract will take effect immediately (that is, in general, a non-binding contract can be regarded as a contract that takes effect immediately after both parties reach an agreement), regardless of whether the matters agreed in the contract are fulfilled or not. Practice contract means that both parties reach an agreement through consultation. Even if a written contract is signed, as long as the matters under the contract are not practiced, the contract will not be established, let alone effective. Under the current contract law, most contracts are agreed contracts, and there are few practical contracts. Typical practical contracts include: physical debt repayment contract (that is, both parties agree that the money and debt will be paid in kind, and the physical debt repayment contract will come into effect only when the debtor really gives something to the creditor), deposit contract (the deposit contract will come into effect only if the deposit is really paid) and so on.
Question 8: Is the agreed contract optional? Generally speaking, it is an optional contract, and it is an optional contract under special circumstances.
First, a non-acceptance contract is a contract in which the parties reach an agreement on the expression of will and do not need to perform it immediately. There are many agreed contracts in real life, such as sales contracts, construction contracts, transportation contracts, insurance contracts and so on. This kind of contract is generally in written form, that is, it is mandatory. Some contracts with smaller bid, such as daily grocery shopping and buying pens, are unnecessary contracts. In fact, when there is an invoice receipt, this can only prove that there is a contract act, but it cannot prove that it is a major contract.
Second, compared with an agreed contract, it is a practical contract, such as borrowing and keeping things between individuals. A practical contract generally does not need a written form, that is, it is informal.
Question 9: What is an agreed contract and what are the different understandings of a practical contract? The so-called promise, that is, the expression of acceptance, has been accepted by both parties, and the contract is established, such as a gift contract; An actual contract requires not only the consent of both parties, but also some practical actions, such as the delivery of the subject matter. Common practical contracts include custody contract, loan contract, private lending contract and deposit contract. And the delivery of the subject matter is a necessary condition for the establishment of the contract.
Question 10: Whether the pledge contract is a promise contract or a practice contract has nothing to do with whether the contract is effective or not! Please remember this!
Take chestnuts for example. You bought a house with the developer, and the developer has never delivered it. Can you say that the purchase contract you signed with the developer before is invalid? Both parties are persons with full capacity, and the meaning is true. Why does a legally established contract not take effect? A legally established contract written in Article 44 of the Contract Law shall take effect upon its establishment. How can you ask legislators to interpret it as meaning that the contract will take effect as soon as it is established?
Needless to say, if it really takes effect, the exceptions are those with conditions, deadlines, registration and approval.
What does the contract include? Including punishment behavior and burden behavior, punishment behavior does not affect the burden behavior. This means that the developer is the owner of the house and has the right to dispose of it. When he signs a house sales contract with you, he has the right to dispose of the subject matter according to law and the burden of delivery according to the contract. If the house is not delivered, you can say that he is in breach of contract, but you can't say that the contract is invalid. And so on, well, we won't lift chestnuts any more.
Let's talk about practicing contracts. The actual contract includes natural person's loan, custody, loan and deposit. Note that it is a natural person loan, excluding commercial loans. What do these have in common? If the subject matter is not delivered, can the contract be fulfilled? You promised to lend me 1 10,000 tomorrow, but you broke your word the next day, and I took the contract to court to sue you? You promised to keep my car, but I didn't even give it to you. I turned around and asked you for a car. If you can't get it out, can I sue you in court? You asked me to pay the deposit, but I won't. What can you do with me? You asked me to borrow an eraser, but I didn't. What? The court forced me to lend it to you. The law forced me to do good deeds?
Remember, the practice contract is just the above, just remember it by farting. The big deal is that you can figure it out in real life! Theoretical things are not for normal people. Ignore them.
Do you need me to tell you why the pledge contract is a failed contract?
If you don't give me the hostage, I can take the contract to court to sue you. First of all, you have the right to dispose of the pledge. Second, after signing the pledge contract with me, you will have the burden of delivering the pledge. Your non-performance will not affect the validity of the contract at all. Even if you have no right to dispose of the person, the contract is not invalid, it is a changeable and revocable contract, and you have to do whatever I say.
Maybe the answer doesn't matter, that's what I mean.