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How to review contracts

Time: 2024.02.20 label: Contract affairs contract dispute Reading: 1384 people
Lawyer's analysis:
The following aspects shall be paid attention to when reviewing the contract:
1. Review whether the contract subject is legal. When reviewing the legality of the contract subject, it should be examined whether the parties to the contract are legal persons or individual businesses established with the approval of the relevant departments.
2. Review whether the contract content is legal. When reviewing the legality of the contents of the contract, it shall focus on whether the contents of the contract damage the interests of the state, the collective or the third party.
3. Review the authenticity of the expression of contract intention.
4. Review whether the contract terms are complete. According to the nature of the contract and the corresponding laws statute The contract terms shall be carefully reviewed to determine whether there are any omissions in the contract terms and whether the contents of each clause are specific, clear and feasible.
Legal basis:
Article 464 of the Civil Code
A contract is an agreement between civil subjects to establish, change or terminate civil legal relations.
Agreements on marriage, adoption, guardianship and other status relations shall be governed by the legal provisions on such status relations; In the absence of such provisions, the provisions of this Part may be applied by reference to their nature.
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1. After the deposit is paid, the party who pays the deposit may not ask for a refund of the deposit until it has fulfilled its obligations as agreed. If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall not have the right to request the return of the deposit. 2. Deposit

According to the law, the contents of a contract shall be agreed upon by the parties and generally include the following clauses: (1) the names and domiciles of the parties; (2) Subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) Time, place and party of performance

The decoration contract fraud can be reported to the local economic investigation brigade. The conditions for filing a case are: first, the perpetrator has the intention to deceive the other party subjectively; The second is to objectively implement certain procedures of deception; Third, the other party was misled into signing the contract; Four is whether the contract

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 Lawyer Xie Bingbing

Zhejiang Rongzhe (Ningbo) Law Firm

Xie Bingbing, lawyer, director of Zhejiang Rongzhe (Ningbo) Law Firm, deputy director of the Special Assets Practice and Law Research Center of Ningbo University. Specializing in major difficult commercial cases, with nearly 20 years of experience in handling cases, he has successively served as legal adviser to several state-owned enterprises and defender of major economic crime cases, provided legal services for financial institutions such as Agricultural Bank of China, China Construction Bank and Ping An Bank, and during the restructuring of the four major agricultural and commercial banks specially approved by the State Council, Participate in the whole process of restructuring a rural credit cooperative into a commercial bank limited company. Zhejiang Rongzhe (Ningbo) Law Firm, founded by lawyer Xie Bingbing, has always adhered to the cultural concept of "integrating law with the universe, and harmonizing philosophy with nature", adhered to the service concept of "professional, sincere, efficient, and high-quality", respected the practice spirit of "customer first", and made every effort to balance the rational scheme of "two rights harm each other, whichever is less" for customers. Lawyer Feng Yiwen, the deputy director of the law firm, is a lecturer of the Law School of Ningbo University, an arbitrator of the Ningbo Arbitration Commission, and a postdoctoral fellow of the China Institute of Social Science Law. He has worked in the grass-roots courts for more than 10 years. His monographs are "Empirical Evaluation of China's Judicial Public Trust", "Research on the Protection of the Rights of Chinese Prisoners", and the chief editor of "Practical Comments on Criminal Law Cases". His lawyer's business direction is the intersection of criminal and civil law, the combination of criminal and civil law Criminal law, difficult and complicated cases in the implementation stage, etc. Lawyer Cui Yanfeng, who is a doctor of law of Jilin University and an associate professor of the Law School of Zhejiang Wanli University, has been engaged in the research of commercial law (including company law, bill law, bankruptcy law and insurance law) for a long time, and has acted as an agent for a large number of corporate asset acquisition, corporate shareholder disputes, equity transfer and intellectual property rights cases. Lawyer Diao Yawen, three-level manager of human resources, and three-level coordinator of labor relations. Education: Master of Maritime Law, Shanghai Maritime University. During his work, he was responsible for the collection of more than 200 execution cases, the disposal of non-performing asset cases, and participation in enterprise asset restructuring and due diligence projects. Other excellent lawyers are limited to space. Welcome to call and visit for more information!

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