Contracts and agreements are becoming more and more important in our lives. Even our verbal agreements are contract agreements. The following is the writing format of the contract agreement template I compiled. Everyone is welcome to refer to it!
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1. What is a contract agreement
Article 2 of my country’s Contract Law stipulates: A contract as referred to in this law is the establishment, change, or Agreement to terminate civil rights and obligations. Other legal provisions apply to agreements related to identity relationships such as marriage, adoption, and guardianship. ?According to this explanation, the contracts stipulated in my country's "Contract Law" are civil contracts with property relationships, excluding contracts with identity relationships. A contract has the following legal characteristics:
①A contract is a civil legal relationship between equal parties. The legal status of the parties to a contract is equal, and one party may not impose its will on the other party by virtue of its administrative power, economic strength and other superior positions.
②A contract is a legal act between multiple parties. There must be two or more parties to a contract, and the establishment of a contract is the result of the unanimous expression of the will of all parties.
③A contract is a document that legally clarifies the specific rights and obligations between the parties. A contract establishes, changes, and terminates the civil rights and obligations between the parties to achieve the specific economic purposes of the parties.
④A contract is an agreement with corresponding legal effect. After a contract is established and effective in accordance with the law, it becomes legally binding on the parties.
2. The writing format of the contract agreement (based on the economic contract)
(1) Title
The title of the economic contract should clearly indicate the purpose of the contract nature. Such as purchase and sale contracts, advance purchase contracts, supply contracts, etc.
(2) Names of the contracting parties
Before the main text, write the names of the parties signing the contract (use their full names), and then use brackets to refer to Party A, Party B or the buyer, seller.
(3) Text (analysis examples 1, 2, 3)
This is the main body of the contract. Begin the main text by writing the purpose or basis for entering into the contract. Then write down the terms agreed by both parties item by item. In this part, attention should be paid to the fact that the terms are complete and complete, and the expressions should be accurate and specific. The main clauses are:
1. Target The target is the object in the economic contract that determines the rights and obligations of the parties to the same direction. The subject matter can be commodities, services or engineering projects, while the subject matter of a loan contract is currency. The subject matter of the goods includes the name, specifications, model or code number, edition number, trademark, etc. of the goods.
2. Quantity The quantity of an economic contract refers to the quantity of the subject matter. Quantities should use common standard units of measurement. While stating the measurement method and unit of measurement, the positive and negative tail balance and reasonable poundage of the delivery quantity must also be stated.
3. Quality Quality refers to the quality of the product or service that is the subject of the contract. Quality has two requirements. On the one hand, it refers to the appearance of the product, such as shape, structure, color, taste, etc.; on the other hand, it refers to the intrinsic composition, physical and mechanical properties, and biological characteristics of the product. The technical requirements and standards for the quality of the contract subject matter shall be detailed, specific and clear. Under normal circumstances, if there are national or ministerial standards, the contract will be signed according to the national or ministerial standards; if there are no national standards or ministerial standards, the two parties will agree to set a standard; if the quality cannot be determined at once, you can get samples and deliver the goods. Delivery is based on samples, which must be clearly stated in the contract. Samples must be sealed by both parties when signing the contract as a basis for future acceptance.
4. Price or remuneration Price is the consideration paid by one party to obtain the subject of the contract to the other party. The price is expressed in monetary quantity and is a symbol of the economic relationship of equal exchange between the two parties to the economic contract.
5. Time limit The time limit for the performance of an economic contract, that is, the agreed performance time of the contract, is the provision of the contract between the obligated parties according to the agreed time. It is the standard for determining whether a contract is performed on time or delayed.
6. Place refers to the specific place where the contract is performed. This is one of the basis for distinguishing the responsibilities of both parties. When writing this clause, the specific location for delivery (pick-up) of goods, payment, acceptance or service must be stated, and attention should be paid to precise expressions.
7. Method of performance refers to the method used to realize the obligations of both parties stipulated in the contract. For example, the transportation method in the transportation contract, the delivery method in the purchase and sale contract, the loan repayment method in the loan contract, etc.
8. Settlement When an economic contract uses currency to perform obligations, unless otherwise provided by law, it must be calculated in RMB and settled through bank transfer. For goods that allow prepayment, when entering into a contract, attention must be paid to clearly stating the opening bank, account number, settlement date, and settlement method. It is necessary to indicate whether you want to pay first and then deliver the goods, or whether you want to deliver the goods first and pay later.
9. Liability for breach of contract This article is stipulated in the economic contract and is a sanction measure for the party that fails to perform its obligations under the contract. It is a means to urge the parties to consciously perform the contract and a form of guarantee for the realization of the contract. Liability for breach of contract in the contract is reflected through liquidated damages.
The amount of liquidated damages can be stipulated by law or agreed upon by both parties in accordance with the law, and must be specifically stated in the contract.
In addition to the above main terms, the packaging method and requirements of the product, the acceptance method of the product, the time and place of signing, etc. must also be stated in the contract. The place where a contract is signed is an important basis for determining the jurisdiction of the court and arbitration institution after a dispute occurs.
(4) Ending
There are four contents at the end: one is to indicate the attachments to the contract; the other is to indicate the validity period of the contract; the third is to indicate the exact form of the contract. The copy should be handed over to whom to keep for safekeeping; fourth, the parties signing the contract should sign and seal it and write the year, month and day of signing.
3. The house sales contract is a template
Seller (Party A): ____________________________
Address: ____________ Postcode: ____________ Telephone: ____________
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Legal representative: ____________ Position: ____________
Purchaser (Party B): ____________________________
Address: ____________ Postal code: ____________ Telephone: ____________
Legal representative: ____________ Position: ____________
According to the national regulations on real estate, Party A and Party B have reached consensus through consultation and signed this contract in order to abide by and implement it.
Article 1 Party B purchases a house from Party A located at No. ____, ____ Lane, ____ Street, ____ City, with a construction area of ??____ square meters.
Article 2 Transaction price of the above-mentioned real estate:
Article 3 Payment time and method:
1.___________
2. ___________
Article 4 Party A shall deliver all the traded properties to Party B for use before ____ month ____.
Article 5 Tax and Fee Sharing
1. Party A shall bear the transaction fee of ____% of Party A’s transaction amount that the Real Estate Bureau shall collect during the real estate transaction; shall bear the notarization fee and agreement fee Notary fees.
2. Party B shall bear the transaction fee of ____% of Party B’s transaction amount that the Real Estate Bureau shall collect during the real estate transaction, and shall bear all other taxes and fees levied by the state during the real estate transaction.
Article 6 Liability for breach of contract
1. Party B must pay Party A on time. If it is overdue, Party A shall pay ____% of the defaulted part of the property payment to Party A for every overdue day. gold.
2. Party A must deliver the property to Party B for use on time. Otherwise, Party B shall pay ____% of the defaulted portion of the property payment as liquidated damages for each overdue day.
Article 7 Subject of this contract
1. Party A is __________________******______ person, and the entrusted agent ________ is the representative of Party A.
2. Party B is a ____________ unit, and its representative is ____________.
Article 8 This contract has been notarized by the ____ Notary Office of the national notary agency.
Article 9 This contract is made in duplicate. Party A’s property owners each have one copy. One copy for Party B, one copy each for ________ Real Estate Management Bureau and ________ Notary Office. < /p>
Party B: ____________________________
Representative: ________________________month____day
4. Things to note when writing a contract
1. The rights, obligations and other terms of the contract must be complete and complete.
2. The provisions of the contract terms must be specific, clear and unambiguous.
3. The wording of the contract must be accurate, strict, concise, and free of ambiguity.