Contract Law



Contract Law

Introduction

The contract in accordance with the law, the parties entered into the contract must comply with the law and there shall not be a violation of the laws. According to the law, including the Constitution, the country's highest authority by all relevant laws, such as the General Principles of the Civil Law, Contract Law "; including administrative regulations formulated by the State Council in accordance with the law of all relevant laws and regulations. It needs to be pointed out that the conclusion of the contract is not only to comply with the civil rights and obligations of equality between the parties of the relevant provisions of the laws, regulations but should also comply with the laws of the relevant provisions of the national social and economic life of the unequal longitudinal management relations. For example, when the housing buy contract is entered into, in addition to the "Contract Law" and other relevant parties lateral relations laws should also comply with the provisions of the Urban Real Estate Administration Law relating to real estate management because those provisions of parties to confirm the legitimacy of the sale of housing decisive role.

Discussion

Contract in accordance with the law the following basic requirements:

1. As mentioned above, the basic principles of UK's "Contract Law" in General must comply with the basic principles of contract law is the principle of equality, the principle of fairness, the principle of good faith, and freedom of contract and the principle of necessary intervention by the state. These basic principles apply to the whole process of contract actions, of course, also applies to the conclusion of the contract. Therefore, the parties entered into the contract must follow these basic principles.

2. The parties must have the appropriate subject qualification so-called contract subject qualification legal; the parties entered into the contract must have the appropriate capacity for civil rights and capacity.

Contract law, the parties entered into the contract should have appropriate capacities for civil rights and civil capacity.

As mentioned earlier, the main body of the contract natural persons, legal persons and other organizations. Parties only have the abilities and capacities of civil rights. The contract can enter into its legal capacity and capacity to adapt, but also to enjoy independently contract rights and obligations for the contract. For example, the enterprise legal person shall be subject to approval of the administrative department for industry and commerce registration, after obtaining the license, the parties can contract corporate name. It needs to be pointed out that some commercial contracts must be entered into by certain parties, such as the contract of commission broker must obtain a business license in accordance with the law, business broker business enterprise legal. For a natural person, under normal circumstances, no capacity for civil conduct shall not be a party of the contract; However, in certain circumstances, mainly in the contract of gift, the done may be an incapacitated person (such as infants, etc.), the contract entered into by their legal representatives (parents) with the ...