Ten legal issues should be paid attention to when signing a contract

In addition to strengthening the construction of laws and regulations and the enforcement of law, the scale market order is also very important for enterprises themselves Legal experts mainly introduced ten legal issues that should be paid attention to when signing a contract The first of these ten legal issues is two points of attention First, pay attention to whether the contract name is consistent with the contract content Some companies use the unified contract text, which is a good thing However, due to the lack of detailed understanding of the nature of the contract, there will be a matter of Zhang Guanli Dai For example, this is a processing contract, but the text of the sales contract is used, which adds controversy to the performance of the contract and the application of legal provisions Second, pay attention to the unit price of each commodity Some companies only specify the total price of various commodities in the sales contract, but not the specific unit price of each commodity Once there is a dispute after partial performance of the contract, it is difficult to determine the price of some commodities that have not yet been performed Secondly, there are two definiteness First, the calculation method of liquidated damages and compensation shall be specified in the contract Although the contract law stipulates that one party breaches the contract and the other party can claim for liquidated damages or compensation from it, if there is no clear amount or calculation method in the contract, the court will consider that both parties give up the right of liquidated damages at that time and will not support it Increase the difficulty of proof of compensation for actual losses The second is to determine the jurisdiction court Both parties to the contract may agree in the written contract to choose the place where the defendant has his domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff has his domicile and the place where the subject matter is located for jurisdiction, but the provisions on level jurisdiction and exclusive jurisdiction shall not be violated If there is difficulty in direct agreement, it can also be agreed: "in case of dispute, both parties can file a lawsuit in the court where they operate." The fifth legal issue is to pay attention to the strict use of words, such as the common agreement in the contract: "the contract shall come into force after both parties sign and seal." However, if one party only signs and does not seal the contract, the other party in the court may claim that the contract has not come into force because the contract only signs and does not seal Therefore, it should be agreed here: "the contract shall come into force after being signed or sealed by the legal representatives or authorized persons of both parties." The subject qualification of the contracting object is the sixth legal issue that should be paid attention to when signing a contract At present, the nature, types and background of business units are complex, and the management of relevant departments is not in place In this case, in order to prevent fraud and reduce transaction risk, it is necessary to consider the qualification of the counterparty, the ability to perform the contract, credit situation, etc In terms of subject qualification, it is necessary to check the business license of the other party and the supporting materials for the enterprise to participate in the annual inspection It can't only rely on its business card, introduction letter, work permit, official seal, power of attorney, copy of business license and other documents Because some enterprises are likely to have their business licenses revoked by the industry and commerce department because they do not participate in the annual inspection for two consecutive years There are a few more First, the terms of the contract must be equal The equivalence of contract terms is an important part of the principle of fairness Do not sign a one-sided contract with more obligations, heavy responsibilities and less rights, for example, the contract only stipulates how to deal with our breach of contract without the other party's breach of contract Similarly, do not sign a contract with more rights, less obligations and less responsibilities, otherwise the other party may raise a defense against the validity of the contract by violating the principle of fairness The second is the difference between "deposit" and "deposit" The deposit is a guarantee way of debt After the debtor performs his obligation, the deposit shall be set off against the price or recovered If the party who pays the earnest money fails to perform the agreed debts, it shall not have the right to demand the return of the earnest money; if the party who receives the earnest money fails to perform the agreed debts, it shall return the earnest money in double In practice, if the deposit is written as a deposit, it is not guaranteed because the deposit is recognized as advance payment in law The third is the special requirements of project subcontract Some projects contracted by the company are subcontracted from other contractors An important issue involved in such contracts is whether the employer allows the contractor to subcontract the project According to the provisions of the contract law, the subcontracting shall be agreed by the employer, otherwise the subcontracting shall be invalid Therefore, we must pay attention to the provisions of the original contract, and ask the contractor to ask for the consent of the employer to subcontract the project to us Finally, the name of the arbitration organization should be specific and clear, and it can be agreed in the contract that the Arbitration Commission should handle the disputes between the two parties The advantages of arbitration are fast speed, high efficiency, and less cost than the court The agreed arbitration institution shall be clear Arbitration is a system of final adjudication, and it is no longer allowed to bring a lawsuit to the court