Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to determine the place where the contract is signed

home page

How to determine the place where the contract is signed


        

Submit answer
Favorable reply
  • 2024-06-14 18:00:03

    If a contract is concluded in written form, and the place of signing as agreed in the contract is inconsistent with the actual place of signing or sealing, the people's court shall recognize the agreed place of signing as the place of signing the contract; If the place of signing is not specified in the contract, and the signatures or seals of both parties are not in the same place, the people's court shall determine the place where the final signature or seal is to be signed as the place of signing the contract. What are the provisions of Chinese laws on contract conclusion? When a contract is concluded in written form, there are two special problems about how to determine the place where the contract is signed. One is that the place of signing agreed in the contract is inconsistent with the place of actual signing or sealing; Second, the place of signing is not specified in the contract. The place of signing is different from the place of sealing. Where is the place of signing the contract. This provision effectively unifies the criteria of adjudication and standardizes judicial activities. According to Article 35 of the Contract Law, if the parties enter into a contract in the form of a contract, the place where the parties sign or seal is the place where the contract is formed. However, things in the world are often complicated. This law alone cannot solve all relevant problems. It needs to be improved by judicial interpretation from the perspective of trial practice. In practice, the terms of the place where the contract is signed are usually concluded by both parties in the same place. The actual place of signing is basically the same as the record of the terms of the place where the contract is signed, with the purpose of fixing the place where the contract is signed. For the first question, the interpretation of this article stipulates that the place of signing as agreed in the contract shall prevail, which reflects the priority of agreement and the autonomy of the parties, and conforms to the voluntary principle of the Contract Law. Because a contract is a civil legal act agreed by the parties, since the parties have agreed on the clause of the place where the contract is signed, the clause should be binding on it. This provision also facilitates the people's court to ascertain the facts of the case. Otherwise, the terms of the place where the contract is signed will become useless, which goes against the original intention of the parties. Have you learned the above legal knowledge about how to determine the place where the contract is signed?

    z***

    2024-06-14 18:00:03

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):