What Is a Contract Holder?
A contract is an agreement between the parties or parties to establish, change, or terminate a civil relationship. A lawfully established contract [1] is protected by law. A broad contract is an agreement that determines the relationship between rights and obligations in all legal departments. Narrow contract refers to all civil contracts. There is also the narrowest contract, which refers only to a debt contract in a civil contract. Article 85 of the General Principles of the Civil Law of the People's Republic of China: A contract is an agreement between the parties to establish, change, or terminate a civil relationship. Contracts established according to law are protected by law. Article 2 of the Contract Law of the People's Republic of China: A contract is an agreement to establish, change, or terminate a civil rights and obligations relationship between natural persons, legal persons, and other organizations that are equal subjects. Agreements concerning status relationships, such as marriage, adoption, and guardianship, shall be governed by other laws. [2]
- Contract statement
- 1.1 "
- The contract appeared to meet the objective requirements of the privately owned commodity economy.
- In the contract, Party A and Party B represent the contracting parties in the contract.
- Generally, the contracting party is Party A, and the contracting object is Party B.
- First, single service contracts and dual service contracts
- A single service contract means that only one party to the contract assumes obligations. A dual service contract refers to a contractual relationship in which the two parties to the contract mutually bear the obligation to treat payment.
- Second, paid and unpaid contracts
- The contract form refers to the external expression form agreed by the parties and is the carrier of the contract content. Article 10 of the Chinese Contract Law: The parties enter into a contract in written form.
- (1) The basic terms of the contract must be in place, especially the content of the transaction, the method of performance and
- 1. Forged documents . Fraudsters forge units, forge business licenses, and various permits, etc., and use forged certificates to sign contracts to defraud money;
- 2. Set up bait fishing , use tight items as bait to catch the other party s eagerness to make a fortune, and promise high profits to sign a contract to embezzle the other party s prepayment;
- 3 Use joint ventures to cheat investment . In the name of the joint venture, under the guise of complementary advantages and common profits, gain the trust of the other party, sign the joint venture contract, and defraud the other party's investment funds;
- 4 If you want to seize, you should take it first . Use prepayment or deposit as a bait to give the other party a certain sweetness, dispel the other party's anxiety, and achieve the purpose of deceiving the other party's large amount of money;
- 5. Collusion co-starred in Oboe . Two or more units and individuals colluded in advance, buying and selling one by one to create a tight atmosphere for the goods, so as to promote inferior or slow-moving goods and deceive payment
- 6. False idiots don't go hand in hand . With the goal of slow sales and backlog of goods, seize the other party's eagerness to sell slow sales and backlog of goods and sign
Contract housing lease contract
- Lessor (Party A):
Lessee (Party B):
According to the "Contract Law of the People's Republic of China" and related regulations, in order to clarify the rights and obligations of the lessor and the lessee, this agreement was signed after the parties A and B negotiated.
Article 1 Location and Condition of Rental House Article A Party A will rent the house located in Liaocheng to Party B for use. The total construction area is about square meters, and the used area is square meters.
Article 2 Terms of lease term The lease term is years and months, that is, from year to date. After the contract expires, Party B has priority to lease.
Article 3 Terms of Use of Rental Houses Party B shall not use the leased houses for illegal activities. During the lease period, if Party B subleases or changes the use of the house, Party A must obtain written consent in advance.
Article 4 The terms of the rent and the payment period of the rent The rent is fixed in RMB per month and the total annual rent is fixed. The rental fee is paid once a year in half a year, and so on. Party B shall pay the rent to Party A twice a year on the day of the month.
Article 5 Delivery Terms of the House Party A shall deliver the rented house to Party B for use before the date. Party A can deliver the rental house later than the above time, Party B can extend the validity of this contract, and both parties should sign and confirm in writing.
Article 6 Expenses During the lease period, Party A shall bear the expenses that shall be borne by Party A due to the leasing of the house in accordance with national regulations, and shall be borne by Party B.
The water and electricity charges used by Party B shall be borne by Party B, and shall be charged at the price specified by the price department and relevant departments. The payment method shall be 1 month.
Article 7 Articles of House Repair It is Party A's obligation to repair houses. Party A shall conduct necessary inspections and repairs on the house and its facilities.
During the use of the rental house, Party B shall promptly notify Party A and take effective measures if the rental house and the internal facilities appear or suffer damage or malfunctions that impede safety and normal use; Party A shall within 5 days after receiving the notification from Party B Make repairs.
Party B informs Party A that if Party A refuses to repair, Party B may perform maintenance on behalf of the future after the witness of the contract registration authority or Party B shall perform the repair on its own. The maintenance costs of this article (including Party B's maintenance) shall be borne by Party A.
Due to Party B's improper or unreasonable use, if the rental house and its facilities are damaged or malfunctioned, Party B shall be responsible for timely repair and bear corresponding losses.
Article 8 Articles of Reconstruction and Decoration of Houses During the validity period of this contract, if Party A really needs to modify, expand or renovate the leased house, it must be agreed by Party B. Party A and Party B shall sign a separate agreement on this. Except for national policies and force majeure.
During the validity of this contract, Party B can renovate the leased house after Party A's written consent. After the contract expires, Party B who can move the decoration is taken away, and Party B who does not move the decoration is left to Party A without compensation.
Article 9 Housing Transfer Terms If Party A needs to transfer part or all of the rental house during the validity of this contract, Party A shall notify Party B one month in advance. Party B has the right of first refusal under the same conditions. Where the rental house is transferred to another party, Party A shall ensure that the assignee continues to perform this contract.
- Article 10 Termination and Termination Clause of the Contract (1) This contract is terminated if one of the following situations occurs during the validity of this contract:
1. Force majeure or unexpected events make this contract impossible to perform;
2. The government decides to requisition the land on which the rental house is located and needs to demolish the rental house;
3. Both parties A and B negotiated and reached a termination agreement.
(2) Party A has the right to terminate this contract if:
1. Party B does not pay rent for more than one month;
2. Party B's various expenses owed for more than one month;
Article 11 Continuation and Priority of the Contract If the validity period of this contract expires, if Party B needs to continue renting the rental house, it shall submit a request for renewal to Party A three months before the expiration date of the contract; Party A shall continue to rent the rental house. Under the same conditions, Party B has priority to lease the house.
If both parties A and B reach an agreement on lease renewal, they should re-contract.
Article 12 Subsequent clauses When the contract expires, both parties A and B have not reached an agreement to renew the lease. Party B shall vacate and return the house before the expiry date of this contract and guarantee the integrity of the house and internal facilities (except for normal wear and tear). Expenses that should be borne by Party B.
Article 13 Breach of clause If both parties A and B fail to perform their obligations under this contract and cause losses to the other party, they shall compensate each other.
During the lease period, neither Party A nor Party B may terminate the contract by reason. If Party A does need to terminate the contract, Party B shall notify Party B three months in advance, return the extra lease fee and compensate Party B for the losses caused, and pay the default RMB per month rent;
If Party B really needs to check out, Party A should be notified two months in advance, and compensate Party A for the losses caused, and pay the default RMB monthly rent.
Article 14 Exemption clause If the house is damaged due to ineffectiveness and the tenant is lost, the two parties shall not bear responsibility for each other.
Article 15 Dispute Resolution Clause A. Disputes between Party A and Party B regarding the performance or termination of this contract shall be settled through negotiation; if the settlement fails, the relevant authorities may be requested to mediate or sue to the people's court.
Article 16 Other Articles Both parties A and B may make separate supplementary agreements on matters not covered in this contract. The supplementary agreements shall have the same effect as this contract.
This contract is in two copies, one for each of Party A and Party B.
Contract loan mortgage contract
- The parties to the contract:
Mortgage: _____, hereafter referred to as Party A:
Mortgage holder: ____, hereinafter referred to as Party B.
Given that Party A owes Party B the money (or loan) for which ____ cannot be repaid for the time being, Party A, in order to guarantee the repayment, has concluded this mortgage contract after agreeing with Party B.
Article 1 Name, quantity and value of collateral 1. Name: _____.
2. Quantity: _____.
3. Value: _____.
Article 2 Mortgage period The mortgage period is ____ years, starting from ____ year __ month __ and ending on ____ year __ month __ day.
Article 3 Inventory, Temporary Management and Insurance of Mortgages 1. Inventory: Within five days after the contract comes into force, both parties A and B will jointly check the quantity and quality of the collaterals and make a list. After verification, the two parties will be on the list. Sign and affix the official seal for approval.
2. Temporary management: Party A is still responsible for the temporary and complete management of the collateral, and all storage and other management costs are borne by Party A.
3. Insurance: Within five days after the contract becomes effective, Party A shall apply for warehouse property insurance to the insurance company and transfer the insured property to Party B. The insured collateral suffered losses due to force majeure, and Party B obtained all compensation directly from the insurance company as part of the repayment of the arrears.
Article 4 Sales and Supervision of Mortgages During the Mortgage Period 1. Party A is still responsible for the sale of collaterals. Party A shall organize personnel to actively promote sales and directly transfer the sales price to the account designated by Party B for repayment One of the sources of funds for the principal and interest of arrears.
2. When Party A signs the supply and marketing contract with the buyer, the contract should indicate that the money is remitted to the ___ bank _ branch ___ account, which is the account designated by party B. Before shipment, Party A shall submit the sales contract to Party B for review three working days in advance, and sales contracts signed in other places shall promptly submit a copy or photocopy of the contract to Party A for approval before shipment.
3. Party A shall provide Party B with the financial plan, material inventory, financial accounting statements and related economic information each month. Party B shall have the right to check the inventory, sales and collateral related account information when it considers it necessary. Party A shall assist.
Article 5 Party A's Obligations and Liabilities for Breach of the Contract 1. Party A shall ensure that it is the legal owner of the mortgage. In the future, if a dispute arises due to the ownership of the mortgage and Party B loses, Party A shall be responsible Compensation.
2. After the signing of this contract, Party A shall hand over all original documents and bills related to the collateral to Party B.
- 3. Party A shall keep the collateral properly, and shall not lose or damage it. If Party A destroys the collateral due to intention or negligence, it shall provide Party B with new collateral within 15 days.
4. Party A shall not transfer, sell, re-mortgage or otherwise dispose of the collateral without the consent of Party B.
If Party A violates the provisions of the preceding paragraph, Party B has the right to temporarily administer the mortgage and notify Party A in writing. Party A shall hand over the collateral to Party B within three days after receiving the notice. If it is overdue, Party B may apply to the People's Court for enforcement according to law. Party B shall be compensated for the economic losses suffered by Party B.
5. If Party A violates the second paragraph of Article 4 of this contract, the act of disposing of the collateral is invalid, and Party A shall be compensated for the economic losses suffered by Party B.
Article 6 Disposal, Disposal Method and Repayment Order of Mortgage 1. If the contract expires and Party A has not been able to pay off the principal and interest of the arrears, Party B has the right to apply to the People's Court to dispose of the mortgage.
2. Mortgage disposal methods and procedures shall be decided by the people's court.
3. The price of the collateral is determined by the ___ Municipal Price Bureau.
4. The proceeds from the disposal of collateral shall be used in the following order.
First: pay the cost of disposing of the collateral.
Second: pay taxes on collateral.
Third: Repayment of taxes on loans owed to Party B.
If the above amount is deducted, the remaining balance should be returned to Party A. If the proceeds from the disposal of the collateral are still insufficient to offset the principal and interest of the arrears. Party B can still claim debts from the debtor according to the original loan contract.
Article 7 Others 1. This contract shall take effect after being signed and stamped by the legal representatives of both parties A and B and notarized by the Municipal Notary Office. The cost of notarization shall be borne by Party A.
2. When Party A's mortgage period expires, and due to actual difficulties, the principal and interest of the loan cannot be repaid as scheduled, and an extension of the mortgage period is required. After Party A submits a written application, Party B reviews and agrees and signs a supplementary agreement and as an attachment to this contract. Extend mortgage period.
3. This contract is a creditor's right instrument that has been enforced by the city's notary office. If either party fails to perform the contract, the other party may directly apply to the ___ people's court for enforcement according to the provisions of Article 186 of the Civil Procedure Law.
4. For matters not covered in this contract, Party A and Party B can negotiate separately and sign a supplementary agreement. The supplementary agreement has the same effect as this contract.
The original of this contract is in triplicate, one for each party, and one for the notary office. One copy of __, send ___ and other relevant units to keep one.