Category: Life gt; gt; House purchase
Problem description:
Construction contract
Analysis:
Labor Contract
Labor contracts can be divided into different types according to different standards. Common types are:
①Employment Contract
An employment contract is a type of employment contract. It refers to the contract that is signed in accordance with the law between the employer and the employed person when recruiting new employees from the society for the purpose of employee employment to conclude the labor relationship and determine the rights and obligations. The employment contract is mainly used when the employer recruits in-service and non-in-service workers who have specific technical and business expertise as full-time or *** technical professionals or managers. For example: some units or companies hire foreign or local technical experts, legal workers, senior managers, etc. at high salaries to improve the operating conditions of the region or company, or to provide specific services to the company.
②Employment contract
An employment contract refers to a labor contract entered into by the employer for the purpose of long-term employment of workers, such as a college student employment agreement. It is a contract type used by employers when recruiting new employees or renewing contracts. Its content stipulates general labor rights and obligations and is the basic type of labor contract.
③ Secondment contract
A secondment contract refers to an agreement signed between the seconding unit, the seconded unit and the seconded person to transfer an employee of an employer to another unit for short-term work. and a contract that determines the rights and obligations of the three parties. Secondment contracts are generally applicable to situations where the secondment unit is in urgent need and is temporary. In this type of contract, the seconding unit generally pays the labor remuneration and welfare benefits of the seconded personnel.
④ Contract without pay and leave
A contract without pay and leave refers to the contract signed by the employee with the employer in order to leave the original position within a certain period of time. In a leave-without-pay contract, the employee continues to retain his identity as an employee of the original employer, but does not work for the original employer. The original employer stops paying wages to workers.
Technology Contract
A technology contract is an agreement between equal parties regarding technology development, technology transfer, technical consulting and technical services with clear full-service obligations
There are many types of technology contracts, and various contracts often overlap with each other. The Contract Law classifies technology contracts into four categories: technology development contracts, technology transfer contracts, technology consulting contracts and technology service contracts based on the characteristics of scientific and technological research and development activities and the rights and obligations of the parties. The following is a brief introduction to each of these four types of technology contracts.
Technology development contract:
Technology development contract refers to a contract between the parties regarding the research and development of new technologies, new products, new processes or new materials and their systems. The subject matter of a technology development contract must be creative and novel.
Technology development contracts are divided into entrusted development contracts and cooperative development contracts.
An entrusted development contract refers to a contract entered into by one party entrusting the other party to conduct research and development. Specifically, the client pays research and development funds and remuneration as agreed, provides technical information, original data, completes collaboration matters, and receives research results. The entrusted party, the research developer, formulates and implements the research and development plan in accordance with the agreement, uses the research and development funds rationally, completes the research and development work on schedule, delivers the research results, provides relevant technical information and necessary technologies, etc., and helps the client grasp the research and development results. contract.
For inventions and creations developed through entrustment, unless otherwise agreed by the parties, the right to apply for a patent belongs to the researcher and developer. If a researcher or developer obtains a patent, the client may exploit the patent free of charge.
A cooperative development contract refers to a contract entered into by the parties regarding a contract to conduct research and development work.
Specifically speaking, it refers to two or more citizens or legal persons. In order to complete certain research and development work, all parties involved ***jointly invest, ***participate in research and development, ***share the results,*** risk-taking agreement. If one party provides cash, equipment, materials, space and other material conditions to undertake auxiliary collaboration matters, and the other party mainly carries out research and development work, it should be handled according to the entrusted development contract.
For inventions and creations completed through cooperative development, unless otherwise agreed by the parties, the right to apply for a patent belongs to the parties involved in the joint development. If one party transfers its exclusive right to apply for a patent, the other parties shall have the priority to receive the transfer under the same conditions. If one party to the joint development does not agree to apply for a patent, the other party or other parties may not apply for a patent.
Technology transfer contract:
A technology transfer contract refers to a contract entered into by the parties regarding the transfer of patent rights, the transfer of patent application rights, the transfer of technical secrets, and the licensing of patent implementation. The subject matter of a technology transfer contract is existing, specific, and mature technological achievements.
Technology transfer contracts include patent rights transfer contracts, patent application right transfer contracts, technology secret transfer contracts, patent implementation licensing contracts, technology introduction contracts, etc.
Technical consulting contract:
Technical consulting refers to professional and technical personnel using scientific methods in accordance with the requirements of the client and based on their own knowledge, experience, abilities and information. and advanced means, through investigation, research, analysis, evaluation, and prediction, to provide the client with the best or several alternative decision-making solutions, or to answer the client's questions. A technical consulting contract is a contract in which professional and technical personnel serve as trustees to provide feasibility studies, technical predictions, special technical investigations, and analysis and evaluation reports for specific technical projects. Technical consulting contracts are an independent type of contract, including technical consulting content in technology development contracts, technology transfer contracts and other types of contracts. The provisions of relevant technical consulting contracts cannot be used, and the relevant provisions of the contract to which they belong shall apply.
The parties may stipulate in the technical consulting contract the methods for acceptance or evaluation of consulting reports and opinions. Whether and how to adopt the trustee's consulting report or opinions shall be decided by the client on his own initiative. The trustee shall not be liable for losses incurred by the client in implementing the consulting report or opinions, unless otherwise agreed in the contract. For the technical achievements derived or subsequently developed by the parties to the technical consulting contract outside of the performance of the contractual obligations, the principle of attribution and sharing is: whoever completes it owns it; the parties are allowed to make special agreements.
Technical service contract:
Technical service contract refers to a contract entered into by one party using technical knowledge to solve specific technical problems for the other party, excluding construction project contracts and contract contracts.
Technical service contracts can be divided into auxiliary technical service contracts and contracts for teaching and transmitting scientific and technological knowledge and intelligence. The former includes product design contracts, process preparation contracts, test analysis contracts, computer programming contracts, etc., while the latter includes technical training contracts, technical intermediary contracts, etc.
Compared with the other three types of technology contracts, technical service contracts have their own characteristics. The technical knowledge used by the service provider is existing technology, and does not include developmental technical achievements, nor does it include patented technology and proprietary technology. There is no transfer of technology ownership, and there is no need to agree on the ownership and sharing terms of technical achievements, and Take responsibility for the results of implementation.
Sales contracts
According to the nature of the sales contracts, they can be roughly divided into four major categories: industrial and mining product sales contracts, agricultural and sideline products sales contracts, international goods sales contracts, and intellectual property sales contracts. Category (intellectual property contracts are described in technology contracts):
(1) Industrial and mining product sales contract
① Supply contract: mainly the state’s systematic and planned distribution of materials and commodities Or a contract signed between the parties for production and daily life needs.
Generally signed on an annual basis, the supply contract can be divided into an ordering contract and a supply contract;
② Production and sales contract: This kind of contract mainly refers to the purchase and sale of industrial products (or commodities) between the seller and the buyer. ) and signed. According to the buying and selling relationship between the supply and demand parties, it can be divided into agency sales contracts, underwriting contracts, purchase contracts, negotiation contracts, etc.;
③Purchasing contracts and sales contracts: Purchasing contracts are mainly industrial, commercial, agricultural and other economic Organizations enter into contracts with suppliers when purchasing products, raw and auxiliary materials for the needs of production and business activities. This is from a demand side perspective. If the contract signed by the above-mentioned units is to promote the goods and materials they produce and operate, it is called a sales contract.
④Collaboration contract: It is mainly a contract between enterprises for the purpose of producing products, and one party cooperates to supply the other party’s product accessories, accessories, etc., as well as the contract between economic organizations for the purpose of supplying each other’s own products. A contract entered into based on certain conditions;
⑤ Adjustment contract: It is a contract signed by the material, industrial and commercial departments to make surplus and shortage adjustments in raw materials, equipment, commodities, etc. (This kind of contract is generally organized, Conducted through leadership meetings and consultations).
(2) Agricultural and sideline products sales contracts
In order to further invigorate the rural economy, starting from 1985, the state will no longer issue unified purchase and distribution tasks for agricultural products to farmers, except for a few varieties. In accordance with Under different circumstances, contract ordering and market purchase will be implemented respectively. After the abolition of unified purchase, multi-channel linear circulation will be implemented. Agricultural product management, processing, and consumer units can directly sign purchase contracts with farmers. Farmers can also organize through cooperatives or establish producers. The association takes the initiative to negotiate and sign sales contracts with relevant units. This is an important measure to respect the autonomy of producers of agricultural and sideline products, mobilize farmers' enthusiasm for production and management, and develop commodity production.
The main types of contracts are:
①Purchase contract: generally refers to the supply and marketing department, grain department, and commercial department that negotiate with farmers before the sowing season to reach an agreement on the varieties and quantities to be ordered. Contracts signed by consensus (such as: fruit production and sales contract, fruit purchase contract, vegetable production and sales contract, fresh fish purchase contract, cotton purchase contract, grain and oil purchase contract, etc.).
After this kind of contract is signed, the demand side usually pays a certain amount of deposit to the supplier as a guarantee. If the demand side breaches the contract, it has no right to request the return of the deposit; if the supplier defaults, the deposit should be doubled. This is a common form of planned purchase of agricultural and sideline products in my country.
②Exchange contract: refers to a contract signed by the supply and demand parties in order to exchange what is needed and adjust the surplus. For example, the timber purchasing department can use some production materials to purchase part of the timber through exchange contracts with collective forest areas or forest farmers.
③ Combined contract: mainly refers to the contract between the national commercial department and agricultural production units, or farmers. For example, the commercial department supplies production materials (fertilizers, pesticides, film, agricultural machinery, etc.) according to the contract. ), agricultural production units or farmers sell agricultural and sideline products according to contracts (generally used when the state purchases certain important agricultural and sideline products); another example: food companies provide feed grain when purchasing pigs; grain departments purchase rice and wheat and give priority to chemical fertilizers and mulch film etc.;
④Purchase contract and sales contract: mainly refers to the purchase contract signed by the commercial department and the producer through negotiation (generally refers to agricultural and sideline products with large changes in production and sales and scattered production) (For example: walnut, pepper purchase contract); or a sales contract signed by the commercial department to purchase agricultural and sideline products at negotiated prices and sell them to operating units and user units through negotiated prices.
Only then did I find out.
Construction Contract jzrj/jzjs/hetong/200506/1249