there is no mandatory requirement by law, and there is no question of who has a higher status, Party A and Party B, both of whom are equal in legal status.
generally speaking, party a refers to the party who puts forward the goal, and in the process of drafting the contract, it mainly puts forward what goal to achieve.
generally speaking, Party B refers to the party who has achieved the goal, and in the contract, it mainly puts forward how to ensure the realization, and obtains benefits according to the completion. However, it is impossible to confirm Party A and Party B in the offer and acceptance.
A valid contract should have the following three essential elements:
1. The parties must have corresponding capacity for civil conduct. As a party to a contract, a natural person must have the capacity for civil conduct stipulated in the Civil Code. That is, the natural person who is the subject of the contract should be a natural person with full capacity.
as the main body of contracts, legal persons and unincorporated organizations have different capacity to act. Legal persons and unincorporated organizations have legal effect only if they engage in economic activities within the registered and approved business scope. Only contracts signed by legal persons and unincorporated organizations within their business scope are protected by law.
2. Meaning means truth. The expression of will and truth is the effective condition of all civil legal acts.
if the intention of the parties to a contract is untrue, or by means of fraud or coercion, or by taking advantage of the danger of others, or by evading the law, or by acting against the true intention, the contract will not be legally effective.
3. It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
the content and purpose of the contract shall not violate the mandatory provisions of national laws and regulations; In the absence of laws and regulations, it shall not violate the prohibitive provisions of relevant state regulations. At the same time, the content and purpose of the contract shall not harm the interests of others and endanger the interests of the state and society.
What should one party of the contract do if it violates the contract?
If one party of the contract violates the contract, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
if one party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
if one party explicitly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may request him to bear the liability for breach of contract before the expiration of the performance period.
Legal basis:
Article 49 of the Civil Code of the People's Republic of China
If the parties conclude a contract in the form of a contract, the contract shall be concluded when all the parties sign and seal it or fingerprint it.
before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
a contract shall be concluded in writing as stipulated by laws and administrative regulations or agreed by the parties. if the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.