The Form Of Contract And Its Basic Contents

I. the form of contract

The form of contract is the external manifestation of the inherent meaning of the parties concerned. In international trade, the two parties conclude contracts in the following ways:

(1) written form

Written forms, including contracts, letters and data messages, such as telegrams, telex, facsimile, electronic data interchange and e-mail, can clearly represent the contents of the contents. A written contract can not only serve as evidence for the establishment of a contract, but also serve as a basis for fulfilling a contract, and also help to strengthen the sense of responsibility of the parties concerned, so that they can act on their contracts. Even if disputes arise in the performance, it is also convenient for evidence and responsibilities. Therefore, written contracts become a major form of contract. In view of the many advantages of writing contracts in writing, the laws and administrative regulations of some countries are even expressly prescribed in written form.

(two) oral form

An oral contract, also known as an oral contract or a dialogue contract, means a contract concluded between the parties through face-to-face negotiations or by telephone. Concluding contracts in oral form is conducive to saving time and simple actions, and plays an important role in accelerating transactions. However, because there is no word basis, there is no excuse for it. Once a dispute arises, it often leads to difficulties in proving evidence, and it is not easy to distinguish responsibilities. This is the main reason why some countries' laws and administrative regulations emphasize the need for written contracts.

(three) other forms

This refers to the form of contract in addition to the above two forms, namely, the contract concluded by acceptance. For example, in accordance with the customary practice formed in the long term contacts between the parties, or the offeror has already indicated in the offer that the offeree does not need to issue an acceptance notice, the contract that can be directly accepted by the act is the same.

Generally speaking, the three forms of the above contract are the statutory forms of the contract, so they all have the same legal effect, and the parties may choose according to their needs as appropriate. According to the tenth provision of the contract law of China, "the parties conclude contracts in written form, oral form and other forms. Written forms shall be adopted in writing in accordance with the provisions of laws and administrative regulations. If the parties agree to adopt written forms, they shall be in written form. " It can be seen that when the parties enter into a contract, what form they should adopt shall act according to the relevant laws, administrative regulations and the wishes of both parties.

According to the customary practice of international trade, the two parties, after reaching an agreement through oral or written form, will, in most cases, sign a certain form of written contract in order to facilitate the performance of the contract. There is no uniform stipulation about the name of a written contract, and its format is also inconsistent. In the practice of China's import and export trade, the form of written contract includes the contract (Contract), the confirmation letter (Confirmation) and the agreement (Agreement). Among them, the majority of the two forms are "contract" and "confirmation book". From the perspective of legal validity, there are no differences between the two forms of written contracts. The difference is the difference between format and content. The contract can also be divided into Sa1es Contraci and Purchase Contract. The former refers to the contract drawn up by the seller, and the latter refers to the contract drawn up by the buyer. Confirmation is a simplified form of contract. It is also divided into sales confirmation (Sales Confirmation) and purchase confirmation (Purchase Confirmation). The former is a confirmation issued by the seller; the latter is the buyer. issue Confirmation letter.

In China's foreign trade business, contracts or confirmations are usually in two copies, each of which is signed by the legitimate representatives of both parties, each holding one copy as evidence for the conclusion of the contract and the basis for fulfilling the contract.

Two, the basic contents of the contract

No matter what format the written contract takes, its basic contents usually include three parts: the approximate first, the approximate tail and the basic clause.

(1) About the first part

The first part generally includes the name of the contract, the contract number, the name and address of both parties, cable address, telex number and so on.

(two) Basic provisions

This is the main body of the contract, including the name, quality specification, quantity or weight, packing, price, delivery conditions, transportation, insurance, payment, inspection, claim, force majeure and arbitration. The agreement is mainly negotiated and agreed on how the basic provisions are stipulated.

(three) the caudal part

The tail part generally includes the date of contract, the place of contract and the signature of both parties.

In order to improve the performance rate, we should consider the contents of the contract carefully and make every effort to make the terms and conditions of the contract clear, specific, rigorous and mutually compatible, and to be consistent with the contents of the consultation so as to facilitate the fulfillment of the contract.