Both the agreement and the contract are a kind of contract reached by both parties when they agree, and their legal effects are the same;
The main differences between the agreement and the contract are:
1. The main characteristics of the agreement are: there is no specific subject matter, the content is simple, and it usually does not involve liability for breach of contract. The characteristics of the contract are: the subject of the contract is more detailed, the terms of the agreement are more clear and specific, and it stipulates liability for breach of contract;
2. The agreement is the basis for signing the contract, and the contract is the specific form of the agreement;
3. If the content of the agreement is more detailed, clear and specific, and involves the responsibility of both parties for breach of contract, even if the document name is written in the agreement, it is also a contract; If the main content of the contract is more general, less specific, and does not involve the liability of both parties for breach of contract, even if the name of the document is a contract, it cannot be called a contract, just an agreement.
Legal basis
Article 464 of the Civil Code of the People's Republic of China [Definition of contract and legal application of identity relationship agreement] A contract is an agreement between civil subjects to establish, change and terminate civil legal relationship.
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.
Article 469 of the Civil Code of the People's Republic of China [Form of Contract Conclusion] The parties may enter into a contract in writing, orally or in other forms.
The written form is the form in which the contract, letter, telegram, telex, fax, etc. can tangibly express the contents contained.
Data messages that can physically represent the contents contained and can be accessed at any time by means of electronic data exchange, e-mail, etc. are regarded as written forms.
