Legal analysis

Contractors of rural land contracts are generally members of rural collectives, including members of village collective economic organizations, other village collectives, or villages and other village collectives. In some cases, the contractor may also be a member of a non-rural collective. A contract is concluded by offer and acceptance. The time when the acceptance takes effect is the time when the contract is established. In general, there are two ways: first, the contract is established when the acceptance notice reaches the offeror; Second, a contract is established when a promise is made according to trading habits or the requirements of an offer. Where a contract is concluded in the form of a contract, the contract is established when both parties sign or seal it. If the parties conclude a contract by letter or data message, they may require to sign a confirmation letter before the contract is established. In this case, the contract is established when the confirmation is signed. If a contract is concluded in writing, one party has fulfilled its main obligations before signing and sealing, and the other party approves it, the contract is established. The time accepted by the other party is the time when the contract is established. A contract concluded in written form as stipulated by laws and administrative regulations or agreed by the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established. The time accepted by the other party is the time when the contract is established.

legal ground

Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.