1. Try to sign complete contract terms and conditions that fully reflect all the contents of the contract agreed upon by both parties
Article 470 of the Civil Code stipulates that the content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The names and addresses of the parties;(2) Subject matter;(3) Quantity;(4) Quality;(5) Price or remuneration;(6) The time limit, place and method of performance;(7) Liability for breach of contract;(8) Methods of dispute resolution.
If the terms of the contract signed by the parties cover the above contents, it is basically relatively complete.
2. The terms of the contract are too simple, and the content of the contract should be determined through the supplementary agreement and performance of the parties, and the unanimous expression of intention of the parties should be fully explored
In fact, both parties to the transaction are committed to a quick transaction, and many of the contract terms are too simple. In the event of a dispute, the parties have their own opinions on the content of the contract. At this point, how do you determine the content of the contract?
First, the name or title of the parties, the subject matter and the quantity. If the main content is present, the contract is generally deemed to be established.
Secondly, if the contract has been established, the non-main content (including ** or remuneration) that is missing from the contract shall be supplemented by agreement. After the initial contract is signed, the parties agree on the contents of various expressions of intent reached during the performance process, such as supplementary agreements, meeting minutes, memorandums, letters of commitment, etc., which can be found to be supplementary to the agreement and determined as the content of the contract through the presentation of evidence and verification.
Clause. 3. If the agreement on the non-main content of the contract is not reached, it shall be determined in accordance with the relevant terms of the contract or transaction customs. The relevant terms of the contract are agreements reached between the parties. The content of other relevant provisions can be inferred from this. Transaction habits are "self-evident" and self-evident rules for both parties, which can be put forward by one party with evidence and asserted, and determined as the content of the contract after cross-examination and verification by both parties. Trading habits include: (1) Past examples. The practice between the parties in the course of past dealings;(2) General practice. Transaction customs that are commonly adopted in the place where the transaction takes place or in a certain field or industry and are known or should be known to the counterparty at the time of entering into the contract.
3. Fill in the contents of the contract by means of statutory presumptive rules
If it is still uncertain in accordance with the relevant terms of the contract or the transaction customs, the presumption rule of Article 511 of the Civil Code shall be applied. That is: (1) quality requirements, there are mandatory national standards, of course, implementation;If there is no mandatory national standard, the recommended national standard shall be implemented;If there is no recommended national standard, it shall be in accordance with the industry standard;Where there are no national or industry standards, the usual standards or specific standards that meet the purpose of the contract shall be followed. (2) The price or remuneration shall be in accordance with the market of the place of performance at the time of conclusion of the contractIf the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be in accordance with the provisions. (3) The place of performance, if the currency is paid, shall be performed at the place where the party receiving the currency is located;If the immovable property is delivered, it shall be performed at the place where the immovable property is located;Other subject matter shall be performed at the location of the party performing the obligation. (4) The performance period may be performed by the debtor at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. (5) The mode of performance shall be performed in a manner conducive to the realization of the purpose of the contract. (6) The burden of performance costs shall be borne by the party performing the obligation;The creditor shall bear the performance costs increased due to the creditor's reasons. It can be seen that the above-mentioned filling rules embody the spirit of the civil law of legality, justice, fairness, voluntary equality, equivalent compensation, encouragement and protection of lawful and effective transactions.