Legal analysis: The key points for lawyers to review the contract are as follows:
1. Review whether the contract subject is legal. To examine the legality of the contract subject, one should examine whether the party signing the contract is a legal person or individual industrial and commercial household established with the approval of the relevant department; whether it is a citizen with corresponding civil rights and capacity for civil conduct as the person signing the contract; examine whether the legal representative or responsible person The person's qualification certificate; when signing a contract on your behalf, it is necessary to examine whether there is a certificate of authorization from the client, and whether the contract is signed within the scope of authorization and within the authorization period; when signing a contract with a guarantor, it is necessary to examine whether the guarantor has the guarantee ability and qualifications.
2. Review whether the contract content is legal. When reviewing whether the content of a contract is legal, the focus should be on whether the content of the contract harms the interests of the state, the collective or a third party; whether there is any situation in which illegal purposes are achieved in a legal form; whether it harms social security; whether it violates the compulsory requirements of laws and administrative regulations. sexual regulations.
3. Review the authenticity of the intention expressed in the contract.
4. Review whether the contract terms are complete.
5. Review whether the contract text is standardized. When reviewing the contract text, every clause, every word, every word and even every punctuation mark in the draft contract should be carefully scrutinized and considered repeatedly. Make sure the expression is accurate.
6. Review whether the procedures and forms of contract signing are complete.
(1) Review whether the contract requires approval or registration by relevant departments. If approval or registration is required, whether the approval or registration procedures have been fulfilled.
(2) If the contract stipulates that it must be notarized before it can take effect, it shall be examined whether the contract has been notarized by a notary authority.
(3) If the contract stipulates a period for the contract to be effective, it should be reviewed whether the period has expired.
(4) If the contract stipulates that the third party is the guarantor, it shall be checked whether there is the signature or seal of the guarantor; if a mortgage guarantee is used, if the law or contract stipulates that the mortgage must be registered, it shall be checked whether it has been registered The registration procedures have been completed; if a pledge guarantee is adopted, the pledged property shall be delivered according to the time stipulated in the contract. The party delivering the pledged property shall review whether the legal procedures have been fulfilled in a timely manner. Legal formalities.
(5) Check whether the parties to the contract have signed or stamped the contract.
Legal basis: "People's Republic of China and Civil Code"
Article 470 The content of the contract is agreed upon by the parties and generally includes the following terms:
< p>(1) Name and address of the parties;(2) Subject matter;
(3) Quantity;
(4) Quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) ) method of resolving disputes.
The parties may sign a contract by referring to the model texts of various types of contracts.