The first part, the text.
Use more formal or legal language, which is different from oral expression. The contract is a legal formal written document, so it is necessary to use formal legal terms. Contract drafters should strengthen their study in this field. For example:
1 At the request of Party B, Party A agrees to send technicians to assist Party B in installing the equipment.
At the request of Party B, Party A agrees to send technicians to help Party B install the equipment. Assist is more formal than help;
2. Personnel shall not participate in any political activities in Iraq.
All personnel are not allowed to participate in any political activities in Iraq. Participation is more formal than participation;
3. The employer shall provide correct technical guidance to the personnel.
The employing unit shall give correct technical guidance to the relevant personnel. Render is more formal than give;
4. Party A shall repatriate the patient to China and bear the travel expenses for his return to Guangzhou.
Party A shall repatriate the patient to China and be responsible for his travel expenses. Repatriation is more formal than repatriation;
5. This contract shall be governed by the laws of China and interpreted according to the laws of China.
This contract shall be governed by the laws of China and interpreted according to the laws of China. Explanation is more formal than explanation;
6. The employer may object and require the contractor to immediately replace any incompetent authorized representative.
When the employer thinks that the authorized representative appointed by the contractor is unqualified, he may raise an objection and demand immediate replacement. Require is more formal than ask; Immediately is more formal than immediately;
7. On the proposal of one third of the directors, the chairman may convene an interim meeting.
The chairman may call an interim meeting of the board of directors on the proposal of 1/3. Convening and temporary are both formal terms.
8. If one party wishes to sell or transfer all or part of its subscribed capital contribution, the other party has the preemptive right.
If one party wants to sell or transfer all or part of its investment, the other party has the preemptive right. The legal word assign is more formal than transfer.
In processing trade, manufacturers have no ownership of raw materials and finished products.
In processing trade, factories have no ownership of raw materials and finished products. Legal titles are more formal than ownership.
The term "Effective Date" refers to the date when the parties hereto formally sign this Agreement.
"Effective date" refers to the date when both parties sign the contract. The legal term execute is more formal than sign.
The second part, the use of words
Use prefixes such as "here", "there" and "where". Isn't it a little dizzy with so many prefixes below? It's really easy to get confused when you're a beginner. Let me tell you a little trick. Here stands for this, there stands for that, and where stands for what/which, which makes it easier to remember.
Thereafter = after this time; from now on
Hereby = by this way/reason; hereby
Here = here; Here, here.
Below = below this contract; below
After = after; After that, later
Therefore = in this way; Therefore; Therefore; In this regard.
Where = from there; There; on that score
Thereinafter = later part of the same contract; Below; below
Thus = by what; Through it; By yes; consequently
Where = in what; Among them; Where is it; What time?
……
The third part, the use of words
Use "shall" instead of "will" or "should" to emphasize tone and compulsion. In the contract, shall is not only the future tense, but also the legally enforceable obligation, which is binding and should be translated as "should", "should" and "must". Will is weaker than shall in tone and compulsion, which should be translated as "Jiang", "Yuan" and "Yao". Should is usually only used to express strong assumptions, such as "what if".
This contract shall come into force as of the date of signing.
This contract will come into effect upon signing.
2. This contract is written in English in quadruplicate. Each party holds two copies.
This contract is written in English in quadruplicate, with each party holding two copies.
The fourth part, terminology.
First, strive to be rigorous and correct:
The following documents shall be deemed to constitute, read and interpret an integral part of this contract.
The following documents shall be regarded, read and interpreted as an integral part of this contract:
2. This contract can only be modified, revised or supplemented according to the documents signed and sealed by the authorized representatives of both parties.
This contract can only be modified or supplemented according to the documents signed and sealed by authorized representatives of both parties;
All activities of ABC Company shall be governed by the laws, decrees and relevant rules and regulations of China.
All activities of ABC Company must abide by the laws, decrees and relevant rules and regulations of China.
Second, more active voice and less passive voice:
1, Party B is designated by Party A as its exclusive sales agent in Singapore.
Party B is entrusted by Party A as the sales agent in Singapore;
Party A hereby appoints Party B as its exclusive sales agent in Singapore. (appropriate)
Party A entrusts Party B as the sales agent in Singapore;
Third, use the present tense more than the future tense, although many clauses stipulate the matters after the contract is signed:
1, Licensee may terminate this contract after 90 days of written notice to Licensor, provided that one of the following events occurs:
In case of any of the following events, the Licensee may terminate the Contract with a written notice to the Licensor 90 days in advance:
2. Licensor goes bankrupt or has appointed a liquidator of Licensor;
Licensor is unable to repay its debts or its bankruptcy liquidator is appointed;
3. The patent mentioned in Article 2 has not been granted within 30 days after the signing of this contract; and
The patent specified in Article 2 has not been released within 30 days after the signing of the contract;
4. Licensor fails to perform its obligations under this contract.
Licensor fails to perform its contractual obligations.
Fourth, direct expression is much used, and indirect expression is little used:
1, this article does not apply to bondholders who have not paid in full.
This clause does not apply to bondholders who have not paid in full.
2. This article only applies to bondholders who have been fully paired.
This clause only applies to bondholders who have paid in full.
Five, try to use verbs, avoid using the agreed phrase "verb+noun+preposition":
Party A shall appoint its representative within 30 days after signing the contract.
Party A shall appoint its authorized representative within 30 days after signing the contract. Reservations should be replaced by appointments.
2. Party A will consider the proposal of exclusive agency of Party B..
Party A is willing to consider the suggestion of Party B's agent. Consideration should be replaced by consideration.
The fifth part, the following are commonly used terms.
I. In view of
Formal and important contracts, especially those in the Anglo-American legal system, are often used to introduce the background and purpose of signing contracts in the preceding paragraphs, and play the role of conjunctions:
Whereas the employer hopes to provide labor for the construction of high-rise residential areas in Baghdad, Iraq;
Whereas the employer wants to hire workers to build a high-rise residential area in Baghdad, Iraq;
Whereas the Contractor wishes to provide labor for this project;
Whereas the Contractor wishes to provide labor for this project;
Second, witness proof.
Usually used as a predicate verb in the first sentence of a contract:
This agreement is signed by ...
witness
WHEREAS, the parties have reached the following agreement:
This agreement is signed by the following persons, and it is hereby certified that ...: In consideration of ..., the following agreement is hereby reached:
As evidence of the agreement, this sentence is often used in the final clause of the contract:
In witness whereof, the duly authorized representatives of both parties have signed this contract in duplicate on the date first written above.
As evidence of the agreed matters, the authorized representatives of both parties formally signed this agreement in duplicate on the date first written above.
Consider ... as a reward/reward
Consideration is one of the important conditions for the effective establishment of contracts in common law system. Without it, the contract can't be executed according to law. However, there is no such provision in the contract of civil law system.
Now, therefore, in consideration of the premises and covenants contained herein, both parties agree as follows:
In consideration of the above points and the terms contained in the contract, both parties agree as follows:
Since Party A will pay Party B, Party B hereby makes an agreement with Party A to ensure that the building will be completed in accordance with the provisions of the contract.
Party B hereby enters into an agreement with Party A to ensure the completion of the project construction in accordance with the provisions of the contract, so as to obtain the remuneration paid by Party A.. ..
Fourth, now, there is something special
This phrase is used to introduce the common opening words of specific agreement matters after the with clause and is used in combination with hereby. If there is no HEREAS clause, this phrase can be omitted:
Therefore, both parties have reached the following agreement:
We hereby agree and understand as follows:
Now these gift witnesses hereby certify that this sentence is also used to lead to specific agreement matters, in view of the terms.
Verb (abbreviation of verb) PRESENTS = The present work is the subject and WITNESS is the predicate:
Now these gifts prove that this is heresy, and both parties hereby agree as follows: In witness whereof, both parties hereby agree as follows:
Intransitive verbs in front of witnesses
This phrase is only used when there is a witness-under the signature of both parties to the contract, the witness will testify, usually the lawyer or notary concerned:
In the witness of both parties to this Agreement, both parties have signed and sealed this Agreement:
As evidence of this agreement, both parties have signed and sealed as follows:
The sixth part. Other phrases
On behalf of Party A (Party A's representative):
employer ...
Capacity (location) …
Have sb. present ...
Capacity (location) …
address ...
On behalf of Party B (Party B's representative):
contractor ...
Capacity (location) …
Have sb. present ...
Capacity (location) …
address ...
Efficiency pressure is piled on the courier.
Some time ago, a takeaway Liu set himself on fire. His family asked for help from the Water Drop Fund. I looked sad