What is the difference between the establishment and effectiveness of a contract? Please be as detailed as possible, thank you!

The establishment of a contract means that the parties reach an agreement on the main terms of the contract through an offer and a commitment, that is, the parties have expressed the same intention and established a contractual relationship, which indicates the completion of the contract formation process. Since a contract is a legal act between two or more parties, unilateral legal acts cannot constitute a contract. This means that in order to form a contract, two or more parties must be in agreement and their intentions must be unanimous. The process of making a contract is the process in which both parties agree on their intentions. This process is stipulated in the Contract Law as offer and acceptance. Therefore, the establishment of a contract must involve two or more parties reaching an agreement on the subject matter, quantity, quality, price or remuneration of the contract, that is, reaching an agreement.

The effectiveness of a contract means that the established contract has certain legal binding force between the parties. Because a contract can have certain legal effect after it is established and meets certain requirements. However, this legal effect does not mean that the contract can be binding like the law, but that a contract that meets the legal requirements for effectiveness can be protected by the law and can produce the legal consequences expected by the parties to the contract. If one party fails to perform its contractual obligations, the other party can rely on state coercive force to force the party to perform the contract and bear liability for breach of contract. What is emphasized here is the binding nature of the contract on the parties.

In most cases, the requirements for the contract to be effective are met when it is established, so the time of its establishment and effectiveness is the same. Paragraph 1 of Article 44 of the "Contract Law" stipulates: "A contract established in accordance with the law shall take effect from the time of its establishment."

However, the establishment of a contract does not mean that the contract takes effect. The Contract Law distinguishes the establishment and effectiveness of a contract for the first time. This is mainly reflected in the provisions of Articles 44, 45, and 46 of the Contract Law. Combined with the relevant provisions of the Contract Law and other laws, the establishment and effectiveness of a contract can be distinguished as follows:

1. The establishment and effectiveness of a contract reflect different wills.

A contract is an agreement between the parties. However, after the contract is established, whether it can be effective and whether it can produce the legal consequences expected by the parties is not determined by the will of the parties. It depends on the attitude and evaluation of the contract by national law. This means that even if a contract has been established, it will still not be legally effective if it does not meet the requirements for effectiveness stipulated in laws and regulations. Therefore, the establishment of a contract reflects the principle of freedom of contract and the will of the parties, while whether the contract is effective or not reflects the state's positive or negative evaluation of the contract and reflects the state's intervention in the contractual relationship.

2. The establishment of a contract and the effectiveness of the contract reflect different contents.

The establishment and effectiveness of a contract are two issues of different nature and different categories. The establishment of a contract falls within the scope of the conclusion of a contract. It resolves the factual issue of whether the contract exists and is a factual judgment on the contract. The effectiveness of a contract falls within the scope of the validity of the contract, which resolves the issue of whether the existing contract complies with legal provisions and has legal effect. The validity of a contract is a legal judgment. The establishment of a contract is the prerequisite for judging the effectiveness of the contract. Only after the establishment of the contract can the issue of effectiveness be discussed. In other words, after a contract is established, only contracts that meet the conditions for taking effect can be protected by law. Although a contract that does not meet the conditions for effectiveness has been established and may reflect a certain economic relationship between the parties, this contract and the economic relationship it reflects are not protected by the law. Sometimes they are subject to legal sanctions.

3. The requirements for the establishment and effectiveness of a contract are different.

The establishment of a contract is when the contracting parties reach an agreement on the main terms of the contract, that is, the contract is established because the promise takes effect. Therefore, the conditions for the establishment of the contract are generally the conditions for the promise to take effect. Article 8 of the Contract Law stipulates: “A contract established in accordance with the law shall be legally binding on the parties.

To determine whether a contract is established, Chapter 2 of the "Contract Law" on "formation of a contract", the relevant provisions on offer and acceptance, and the provisions of the Evidence Law on the burden of proof shall mainly apply. In this way, some contracts that do not meet the conditions for establishment and may be invalid, such as contracts that only lack certain terms or are unclear, can fill in the gaps by inferring and exploring the true meaning of the parties, respecting the will of the parties, and interpreting them through explanations. Contracts express the true wishes of the parties, thereby reducing the occurrence of invalid contracts, reducing property losses and waste, and fully encouraging transactions (1). As for disputes over whether a contract is valid, the relevant provisions of Chapter 3 of the Contract Law on the validity of the contract shall apply. Because the validity of a contract reflects the state's evaluation and intervention in the contract, whether the contract is valid cannot be determined by exploring the intentions of the parties to the contract. In this case, because the content or form of the invalid contract is illegal, violates the mandatory provisions of the law, or harms the interests of the state or collective third parties, it is impossible to speculate or explore the true intentions of the parties to fill in the gaps and facilitate To take effect, the contract can only be confirmed to be invalid based on the contract's effectiveness system. Outline of the establishment and effectiveness of the contract

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Contract The establishment of a contract means that the parties have reached an agreement on the main terms of the contract through an offer and acceptance, that is, the parties have agreed on their intentions and established a contractual relationship, indicating the completion of the contract formation process. Since a contract is a legal act between two or more parties, a unilateral legal act cannot constitute a contract. This means that in order to establish a contract, two or more parties must be in agreement and their intentions must be unanimous. The process of making a contract is the process in which both parties agree on their intentions. This process is stipulated in the Contract Law as offer and acceptance. Therefore, the establishment of a contract must involve two or more parties reaching an agreement on the subject matter, quantity, quality, price or remuneration of the contract, that is, reaching an agreement.

The effectiveness of a contract means that the established contract has certain legal binding force between the parties. Because a contract can have certain legal effect after it is established and meets certain requirements. However, this legal effect does not mean that the contract can be binding like the law, but that a contract that meets the legal requirements for effectiveness can be protected by the law and can produce the legal consequences expected by the parties to the contract. If one party fails to perform its contractual obligations, the other party can rely on state coercive force to force the party to perform the contract and bear liability for breach of contract. What is emphasized here is the binding nature of the contract on the parties.

In most cases, the requirements for the contract to be effective are met when it is established, so the time of its establishment and effectiveness is the same. Paragraph 1 of Article 44 of the "Contract Law" stipulates: "A contract established in accordance with the law shall take effect from the time of its establishment."

However, the establishment of a contract does not mean that the contract takes effect. The Contract Law distinguishes the establishment and effectiveness of a contract for the first time. This is mainly reflected in the provisions of Articles 44, 45, and 46 of the Contract Law. Combined with the relevant provisions of the Contract Law and other laws, the establishment and effectiveness of a contract can be distinguished as follows:

1. The establishment and effectiveness of a contract reflect different wills.

A contract is an agreement between the parties. However, after the contract is established, whether it can be effective and whether it can produce the legal consequences expected by the parties is not determined by the will of the parties. It depends on the attitude and evaluation of the contract by national law. This means that even if a contract has been established, it will still not be legally effective if it does not meet the requirements for effectiveness stipulated in laws and regulations. Therefore, the establishment of a contract reflects the principle of freedom of contract and the will of the parties, while whether the contract is effective or not reflects the state's positive or negative evaluation of the contract and reflects the state's intervention in the contractual relationship.

2. The establishment of a contract and the effectiveness of the contract reflect different contents.

The establishment and effectiveness of a contract are two issues of different nature and different categories.

The establishment of a contract falls within the scope of the conclusion of a contract. It resolves the factual issue of whether the contract exists and is a factual judgment on the contract. The effectiveness of a contract falls within the scope of the validity of the contract, which resolves the issue of whether the existing contract complies with legal provisions and has legal effect. The validity of a contract is a legal judgment. The establishment of a contract is the prerequisite for judging the effectiveness of the contract. Only after the establishment of the contract can the issue of effectiveness be discussed. In other words, after a contract is established, only contracts that meet the conditions for effectiveness can be protected by law. Although a contract that does not meet the conditions for effectiveness has been established and may reflect a certain economic relationship between the parties, this contract and the economic relationship it reflects are not protected by the law. Sometimes they are subject to legal sanctions.

3. The requirements for the establishment and effectiveness of a contract are different.

The establishment of a contract is when the contracting parties reach an agreement on the main terms of the contract, that is, the contract is established because the promise takes effect. Therefore, the conditions for the establishment of the contract are generally the conditions for the promise to take effect. Article 8 of the "Contract Law" stipulates: "A contract established in accordance with the law shall be legally binding on the parties." Here, the prerequisite for the "establishment" of a contract is "in accordance with the law", which means that the establishment of a contract should have legal elements. Based on the provisions of Chapter 2 "Conclusion of Contract" of the "Contract Law" regarding the conclusion of a contract, including the qualifications of the subject of the contract, the form of the contract, the content of the contract, the formation process of the contract, etc., it can be seen that the requirements for the establishment of a contract generally include:

First, the subject of a contract must have one or more parties; it is impossible for only one party to reach an agreement, and therefore it is impossible to establish a contract. Second, the content of the contract must have the necessary terms of the contract. Third, the contract establishment process must go through two stages: offer and acceptance, and reach a consensus. This is the fundamental and substantive requirement for the establishment of a contract. In addition, the formal contract must be in accordance with the contract form, and the actual contract must deliver the contract subject before the contract is established.

The conditions for a contract to become effective are the criteria for judging whether a contract is legally effective. The Contract Law does not clearly stipulate the requirements for a contract to become effective. However, from a logical point of view, only when a contract is established can its validity be examined. The establishment of a contract is the prerequisite for the contract to take effect. Therefore, the requirements for the establishment of a contract can also be regarded as the requirements for the validity of the contract. In addition, according to the spirit of Article 55 of the General Principles of Civil Law on the requirements for the validity of civil legal acts, the requirements for the validity of a contract should also include: 1. The actor has the corresponding capacity for civil conduct. 2. The meaning is true. 3. Does not violate the law or social interests. These provisions are the general requirements for the validity of the contract, also known as the substantive requirements.

Some contracts must meet special requirements to be effective. These contracts mainly include two situations: First, contracts with conditions and deadlines. That is to say, the parties based on the provisions of Articles 45 and 46 of the Contract Law: "A contract with conditions for effectiveness shall take effect when the conditions are fulfilled." "A contract with a time limit for effectiveness shall take effect from the expiration of the time limit." The contract entered into can only come into effect when the attached conditions are fulfilled or when the attached effective time arrives: Second, some contracts must be in the form required by law. Article 56 of the "General Principles of Civil Law" stipulates: "Civil legal acts may be in written form, oral form or other forms. If the law stipulates the use of special forms, the legal provisions shall be followed." Article 44 of the "Contract Law" 3 As stipulated in the paragraph: "A contract established in accordance with the law shall take effect from the time of its establishment. If laws and administrative regulations stipulate that approval, registration and other formalities must be completed to take effect, such provisions shall apply." That is, in accordance with laws and administrative regulations, approval, registration and other procedures must be completed to take effect. At that time, the contract can only come into effect after approval, registration and other procedures have been completed.

4. The validity and legal consequences of the establishment and effectiveness of a contract are different.

Article 8 of the "Contract Law" stipulates: "A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. A contract established in accordance with the law shall protected by law.

"After the contract is established, the parties are not allowed to withdraw their offers and commitments at will. The consequences of the non-establishment of the contract are only reflected in the civil liability between the parties. This liability is generally expressed as liability for contracting negligence. In other words, the failure of the contract can only result in Civil liability does not result in other legal liabilities. Although the parties must perform in accordance with the contract after the contract takes effect, this is consistent with the effectiveness of the contract, and the time when most contracts are established is the time when they become effective. For contracts that are effective, there may be many results: some become effective due to legal approval of registration or fulfillment of conditions, expiration of the time limit, invalid due to endangering the interests of the country and society, and some are contracts whose validity is yet to be determined, and may be invalid. Changes, revocable contracts, etc. Among them, the invalid contract has no legal binding force from the beginning, and the parties must stop performing. If the contract is invalid due to violation of the mandatory provisions of the country, the negligent party will not only bear the responsibility. In addition to certain civil liabilities, there may also be administrative or criminal liabilities. If the parties maliciously collude and harm the interests of the state, the collective or a third party, the property obtained should be returned to the state or returned to the collective or the third party. /p>

5. The laws and principles applicable to the establishment and effectiveness of a contract are different.

To determine whether a contract is established, Chapter 2 of the "Contract Law" on "Contract Formation" and the Offer shall be mainly applied. In this way, some contracts that do not meet the conditions for establishment and may be invalid, such as contracts that do not have certain terms or are unclear, can be made through speculation and exploration of the parties. Fill in the gaps according to the true meaning of the contract, respect the will of the parties, and express the true wishes of the parties through interpretation of the contract, thereby reducing the occurrence of invalid contracts, reducing the loss and waste of property, and fully encouraging transactions (1). For disputes, the relevant provisions of Chapter 3 of the Contract Law on the validity of a contract shall apply. Because the validity of a contract reflects the state's evaluation and intervention in the contract, the validity of the contract cannot be determined by exploring the intentions of the parties to the contract. In this case, because the content or form of the invalid contract is illegal, violates the mandatory provisions of the law, or harms the interests of the state or collective third parties, the true intention of the parties cannot be inferred or explored when handling it. To fill in the gaps and promote its effectiveness, the validity of the contract can only be confirmed based on the contract's effectiveness system. How to illustrate the connection between the establishment and effectiveness of the contract?

As long as the contract is signed and the procedures are completed, it means that the contract is established, but the effectiveness is different. , it will only take effect after the time limit specified in the contract. For example, for critical illness insurance in insurance, when the insurance signing procedures are completed, the insurance contract has been established, but the insurance liability for critical illness must wait until the time limit stipulated in the contract. It will take effect only during the observation period. When does the contract take effect? ??Is the establishment of a contract the same as its entry into force?

Under normal circumstances, the contract is established when both parties to the contract sign. Use cases to illustrate the difference between the establishment and effectiveness of a contract

1. B’s announcement of the auction before the auction is an invitation to offer, C’s bidding behavior is an offer, and the auctioneer’s hammer drop is a commitment.

2. The contract is established when the hammer falls

3. The nature of the transaction confirmation is a sales contract.

What is the difference between the establishment and effectiveness of a mortgage right?

1. The establishment of mortgage rights and the mortgage contract are regulated by two different laws. The establishment of mortgage rights falls under the provisions of the Property Law and the Security Law, and the effectiveness of the mortgage contract falls under the contract regulations.

2. Whether a mortgage right is established depends on whether it meets the conditions stipulated in the Property Law or the Security Law, such as whether the real estate has been mortgaged. Whether the mortgage contract is effective depends on whether the contract elements comply with the provisions of the contract law.

3. For example, if the house is used as a mortgage, if both parties do not register the mortgage after signing the mortgage contract, the mortgage right has not been established, but the mortgage contract has taken effect (excluding other situations) .

The distinction between the establishment and effectiveness of the pledge contract and the establishment of the pledge right in pledge rights

The effectiveness of the pledge contract and the establishment of the pledge right (the establishment of the pledge right) are two different things, and the two cannot be confused. From the perspective of the theory of property rights behavior, the pledge contract is the cause of the change of property rights, and the setting of the pledge rights is the result of the change of property rights. The cause should be separated from the result; from the perspective of purpose, the key point of the pledge contract is to clarify the person and the pledger. As for the rights and obligations of the pledgee, the establishment of the pledge focuses on enhancing the effectiveness of public trust and establishing the priority of the pledgee against third parties. The effectiveness of the pledge contract does not mean the completion of the pledge of the equity. Let’s analyze the establishment and effectiveness of the electronic contract involved in this case

my country’s relevant laws have clearly stipulated how an electronic contract must be signed to be legally effective. A legal and effective electronic contract should have three major elements:

1. Electronic contracts must be signed through a third-party signing platform to ensure the fairness of the electronic contract signing process and the validity of the results.

The Ministry of Commerce of the People's Republic of my country pointed out in the "Process Specifications for the Online Formulation of Electronic Contracts": "Only through the conclusion of an electronic contract in the electronic contract conclusion system of a third party (electronic contract service provider) can the fairness and fairness of the process be guaranteed. Validity of the results. ”

2. The digital certificate (reliable electronic signature) provided by the legal CA must be used to sign the electronic contract, so as to ensure the authenticity of the signer’s identity, the integrity of the content and the digital signature. Legality of signature.

Article 14 of my country's "Electronic Signature Law" stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal." Article 16 stipulates: "Electronic signatures require third-party certification The “reliable electronic signature” referred to here is a digital signature generated by a digital certificate issued by a legal CA.

3. The basic condition for reliable electronic signature technology is that the certificate used to sign an electronic contract must be issued by a certificate authority trusted by Adobe to ensure that the signed PDF file displays "Signing Trusted" in Adobe Reader ”, the validity of the contract is automatically verified by Adobe Reader and is universally accepted.

Reference: wosigndoc electronic contract signature platform How to tell if the cat is broken? Please be as detailed as possible, thank you

If you see that the mouse has stopped moving, and you put a fish in front of it and it doesn't smell it, it means it is broken.

The power indicator light is always on, and the LINK light with ASDL and LAN is always on. The other lights flash intermittently, indicating normal operation. ASDL indicates connection with the telephone line, and LAN indicates connection with the computer. The difference between road violations and violations. Where is it, please be as detailed as possible, thank you

Violation was what it was called in the past. In the past, the country's traffic laws were not called laws, but were called regulations, rules, etc., such as the "Road Traffic Safety of the People's Republic of China and the People's Republic of China" The Management Regulations (already abolished) were formulated by the State Council or the Ministry of Public Security. Violation of the regulations is called a violation.

The current "Road Traffic Safety Law of the People's Republic of China" is a law enacted by the National People's Congress in 2003 and implemented on May 1, 2004. Violation of it is an illegal act.