Many times we will find that in fact, whether we are shopping, traveling, studying Xi or working, we are inseparable from legal knowledge, and we should learn to use the law to protect our legitimate rights and interests. If you are facing a problem in your life that is related to the main concerns of the contract that you cannot solve, you can find the answers in the content.
OneConclusion of the contractWhat are the main issues to pay attention to?
When concluding the contract, the following issues are mainly paid attention to:
1) Guarantee issues. In various economic contracts, guarantee is a form of security that is often used.
2) Advance payment issues. Advance payment is a certain amount of money that one party pays to the other party in advance after the contract is signed. Advance payments are not guaranteed.
3) The resolution of contract disputes. Choose between arbitration and litigation. If there is a valid arbitration clause in the contract, then in the event of a dispute, you can only apply for arbitration and cannot file a lawsuit in court.
Article 469 of the Civil Code.
The parties may conclude a contract in written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented by means of electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
IIPerformance of ContractWhat should be paid attention to
1. Strictly review the credit status of the other party, whether it has the ability to repay, and whether our interests are guaranteed in the event of a risk
2. The change of the contract should be submitted in writing or replied in writing, and the reply should not be answered orally, and it is best to use the form of telegram to avoid being deceived.
3. Reasonably exercise the right to defend against uneasiness. In the course of the performance of the contract, if you have conclusive evidence that the other party's business situation has deteriorated significantly, property has been transferred, or funds have been withdrawn to avoid debts;
Article 509 of the Civil Code.
The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction Xi of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
3. SigningProperty Management Contracts, be sure to pay attention to which issues
The following points should be paid attention to when signing a property management contract: 1. The content, scope and duration of entrusted property services should be clarified2. In addition to the rights of the owners' committee stipulated in the "Property Management Regulations", some other rights should also be more specifically stipulated in the service contract;3. Clarify the rights and obligations of the property company;4. Stipulate the liability for breach of contract;5. In written form.
Article 938 of the Civil Code.
The content of the property service contract generally includes service items, service quality, service fee standards and collection methods, the use of maintenance funds, the management and use of service rooms, service period, service handover and other terms.
The service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The property service contract shall be in writing.