The entry into force of the contract and the formation of the contract are both important aspects of the contract, but they each represent different legal meanings. The formation of a contract is a prerequisite for the contract to be valid, but not all contracts that are formed will take effect.
The formation of a contract refers to the expression of intent of the parties to reach an agreement on the terms of the contract. This means that a contract is formed when the parties have clearly agreed on their respective rights and obligations in the contract, and both parties agree to these terms.
The entry into force of a contract means that the contract has legal effect, that is, the terms of the contract are binding on both parties. In order for a contract to be effective, there are a number of other legal requirements that need to be met in addition to the conditions for the contract to be formed. For example, in some cases, a contract may need to go through procedures such as approval, filing, or notarization before it can be validated.
In addition, the timing of the contract may also affect the rights and obligations of the parties. Generally speaking, if there is no specific time for the contract to take effect, then the time when the contract is formed is the time when the contract takes effect. However, if there is a time for it to take effect in the contract, then the contract will only come into effect when that time is reached.
There are three differences between the entry into force of a contract and the formation of a contract:
1. Whether the contract is established or not basically depends on the will of both parties, which reflects the principle of freedom of contract, and whether the contract can take effect depends on whether it meets the requirements of national laws and reflects the principle of contract law-abiding;
2. The establishment of the contract marks the end of the contract conclusion stage, and the entry into force of the contract indicates that the contract performance stage is about to begin;
3. The liability for the formation of the contract is the liability for negligence in concluding the contract, and the liability for the effectiveness of the contract is the liability for breach of contract.
To sum up, although the entry into force of the contract and the formation of the contract are both necessary parts of the contract, their legal significance and impact are different. Establishment is only the agreement of the parties' intentions, while the entry into force requires more legal requirements to be met, and the time of entry into force may affect the rights and obligations of both parties. Therefore, when signing a contract, both parties should fully understand the difference between the two in order to better protect their rights and interests.