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How to draft a contract
The parties to a contract may conclude a contract in writing, orally or in other forms. Where the law provides, a contract shall be concluded in writing.

1, the main forms and types of contracts, the parties to the contract mainly use written form. Contract types mainly include: sales contract, power supply contract, water, gas and heat supply contract, gift contract, loan contract, lease contract, financing lease contract, contracting contract, construction project contract, transportation contract, technology contract, warehousing contract, entrustment contract, brokerage contract and intermediary contract.

2. Contract Title When drafting a contract, we must first confirm or classify the nature of the contract, that is, the title of the contract is the name of the contract, which needs to indicate the nature of the contract, and some titles also need to indicate the subject matter.

3. Names and addresses of both parties The names of both parties to the contract shall be written in accordance with the names approved in the business license, and full names shall be written, not abbreviations, and surnames and codes unknown to others shall not be written.

4. The main terms of the contract.

5. Other terms of the contract Due to the different types of contracts, the nature of the contract is naturally different.

6. The tail of the tail contract generally includes: the date when both parties signed the contract. If the competent authorities of both parties need a certificate or a notarized visa, the relevant units shall write their opinions and affix official seals on the original and copy of the contract, indicating the validity period of the contract.

As a civil legal act, a contract is the product of the parties' agreement, and it is an agreement expressed by more than two parties. A contract is legally binding only when the meaning expressed by the parties is legal. A legally established contract shall take effect from the date of its establishment and be legally binding.

1. The parties to a contract should have the qualification or legal authorization to conclude a contract: a contract should have at least two parties. If there are multiple entities, they shall be distinguished by the names of Party A, Party B and Party C.. When an enterprise signs a contract, both parties often have representatives to sign and seal it, and this representative is called the "signing subject"; The undertaker of the specific rights and obligations of the contract is the "subject of the contract". The subject of signing a contract is divided into natural persons and legal persons.

(1) As the main body of a contract, an ordinary natural person needs to personally sign or press his handprint (if a party presses his handprint on a contract, it shall also be regarded as having the same legal effect as the signature or seal). If necessary, you can save the ID number or copy of the signatory. The natural person signing the contract is generally a person with full capacity for civil conduct at the age of 18, and the contract is valid.

(2) Enterprises, companies and other legal persons who sign contracts with foreign countries as the main body must be legal persons. Generally, you need to check the business license of the other party. If the license is not revoked or cancelled, it can be used as the main body of the contract. Attention should be paid to the following issues: First, the enterprise seal must be affixed, and the seal must be consistent with the name of the business license.

Two, the legal representative of the enterprise shall sign or seal the contract; If a non-legal representative signs a contract, it is necessary to check whether the other party holds a legal power of attorney and whether the signatory has the authorization to sign the contract.

(1) Entrusting others to sign contracts. If the contractor or authorized representative cannot sign the contract in person, he must entrust others to sign the contract. The general practice is that the company or legal representative issues a power of attorney, stating the client, entrusted matters, time limit, etc. , and notarize the power of attorney when necessary. Therefore, if the other party entrusts to sign a contract, it is necessary to check whether the other party's official seal is stamped, whether the entrusted signatory has legal entrustment procedures, and whether the client exercises rights within the scope authorized by the power of attorney.

(b) The effectiveness of branches and departments within the enterprise. In an enterprise's foreign contract, it often happens that the other branch or the internal department of the enterprise, such as the administrative and financial departments, affix the business seal of the branch or department. So is this contract valid?

Generally speaking, from the perspective of agency by estoppel, such contracts can be regarded as valid. Because a branch or department is stamped, it is reasonable for outsiders to think that the branch or department has been authorized by the enterprise. If a branch or department seals without authorization, it should be a problem of the internal management mechanism of the enterprise, and other enterprises or individuals outside the enterprise should not bear the responsibility. Of course, if the contents of the contract are obviously beyond the business scope of the branch or department, or the undertaker knows that the branch or department has no right to sign the contract, it cannot be regarded as valid.

Three, the form of the contract should be mainly in written form, oral and other forms of agreement should pay attention to the preservation of evidence:

The first step in drafting the contract: translate it into French.

First of all, the drafting of a contract is to put the actual business of the parties and the nature and type of the contract in a suitable position and translate it into corresponding French. How to transform it into place is a key step.

The second step of drafting the contract: designing the terms of the contract.

Design contract terms. The contract text contains many clauses and should be confirmed carefully.

Legal basis:

Article 469 of the Civil Code of People's Republic of China (PRC) * * * 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.