Legal basis: Civil Law
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.
The contents of a contract are agreed upon by the parties, and generally include the following terms: (1) the name and domicile of the parties; (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.
Article 471 The parties may conclude a contract by offer, acceptance or other means.
Article 509 The parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract. During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.
Article 510 After the contract came into effect, the parties did not stipulate or clearly stipulated the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
Article 511 Where the contents of the relevant contract were not clearly agreed upon by the parties and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply: (1) Where the quality requirements are unclear, mandatory national standards shall apply; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract. (2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions. (3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located. (4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time. (5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract. (six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor's reasons shall be borne by the creditor.