(1) Ensure the legality of the content and not violate the mandatory provisions of the law;
(2) The content of the agreement should be concise and direct, and the rights, obligations, liabilities for breach of contract, conditions for termination of the contract, validity period and other factors should be clearly stipulated according to the type of agreement;
(3) The information of the parties to the agreement is true and accurate;
(4) Signature and seal are true.
If the following clauses are stipulated in the contract, they have legal effect:
1, the name and address of the party concerned;
2, the subject matter and its quality and quantity;
3. Contract price or remuneration;
4. Method, time limit and place of performance;
5. Liability for breach of contract;
6. dispute settlement methods;
7. Signature of the party with corresponding civil capacity;
8. Date
As long as both parties agree to the contents of the contract and sign it together, it will have legal effect and be binding on both parties.
However, if a contract is to have legal effect, it should also be noted that the contents of the contract should not violate the mandatory provisions of laws and administrative regulations, harm the interests of the public, the state, the collective or the third party, or cover up illegal purposes in a legal form.
In addition, some special contracts need to be registered with the relevant state departments before they can take effect, such as patent transfer to the patent office. Maybe your partnership business involves less.
How to write a legal agreement is effective.
The nature of the agreement is consistent with the contract, and the legal effect of the agreement takes effect, which requires
1. Both parties shall be qualified and capable of carrying out legal acts.
2. The signing of the agreement requires both parties to reach an agreement, and the expressed meaning is its true meaning, and there are no reasons such as coercion and fraud;
3, the agreement can not violate the mandatory provisions of the law and social public order and good customs; A contract must conform to the form prescribed by law.
4. In principle, this agreement shall come into force after being signed or sealed by both parties, unless otherwise stipulated in this agreement;
What is the legal effect of the agreement and contract?
Generally speaking, contract and agreement are the same concept, and agreement is a conventional name. Similar expressions include contracts, such as deed of house and title deed.
Agreement is synonymous with contract, but the word contract is often used in legal norms. The contract mentioned in China's contract law is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. It can be seen that a contract is an agreement with specific contents, and an agreement with the above characteristics is a contract.
In practice, contracts can appear under different names, such as contract, contract, agreement, agreement and memorandum. The name is not important, but the content. However, "agreement" is a specific concept in the law of Sino-foreign joint ventures.
Article 2 of the Contract Law defines a contract as an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. It can be seen that a contract is an agreement with specific contents, which is used to stipulate the rights and obligations between the parties.
Contract template
Lessee (Party A):
Lessor (Party B):
Party A and Party B have reached the following agreement on car rental through equal consultation:
I. Vehicles:
Party A rents 5 buses from Party B, and Party B is fully responsible for the vehicles.
Second, the departure time and expenses _ _ _ _ March 30th12: 20 ~15: 30; Every car in 200 yuan will be settled on the same day.
Three. Rights and obligations of both parties:
1. Party A is responsible for making unified and reasonable scheduling arrangements for vehicle delivery.
2. Party B shall observe the departure time and wait for the dispatch according to the pre-agreed time; Under special circumstances, both parties shall implement the negotiation results.
3. Party B shall consciously abide by the traffic rules to ensure that the car is in qualified condition and drive safely.
4. In case of traffic accident, Party B shall take full responsibility, which has nothing to do with Party A. ..
5. After Party A uses the car, it shall settle the rent on the same day and cash it in full.
Four. Liability for breach of contract:
During the agreement period, if either party breaches the contract, the breaching party shall bear the corresponding liability for compensation.
Verb (abbreviation for verb) agreement text:
This agreement is made in duplicate, one for each party. This agreement shall come into force after being signed and sealed by both parties and shall have legal effect.
Lessee: _ _ _ _ _ _ Lessor: _ _ _ _ _ _
Representative signature: _ _ _ Representative signature: _ _ _
An agreement with the above characteristics is a contract.
legal ground
People's Republic of China (PRC) Civil Code
Article 469 The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.