Legal analysis: generally speaking, Party A refers to the party who puts forward the objectives, and in the process of drafting the contract, it mainly puts forward what objectives to achieve, and is the leading party of the contract. Party A is the pronoun of the equal subject of both parties in the contract, and it is also for the convenience of using abbreviations in the following statements. Party A is generally the investor or investor, that is, the main body of operation, and is in a dominant position, with the investor as the main body of the market or the dominant market as Party A's market. Party B is generally the labor service provider, that is, the main body responsible for achieving the goal. For example, a power supply company signed a power supply contract with an enterprise, and the enterprise was Party A and the power supply company was Party B.. For example, the decoration company signs a contract with the tenant, the investor's tenant is Party A, and the construction party's decoration company is Party B..
legal basis: article 463 of the civil code of the people's Republic of China
the scope of adjustment of the contract series, which regulates civil relations arising from contracts.
article 464 the definition of contract and the legal application of identity relationship agreement, a contract is an agreement between civil subjects to establish, change and terminate civil legal relationship.
the legal provisions concerning the identity relationship shall apply to the agreements concerning the identity relationship such as marriage, adoption and guardianship; If there are no provisions, the provisions of this part can be applied according to their nature.
article 465 the validity of a lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.
article 466 interpretation of contract terms. if the parties have a dispute over the understanding of the contract terms, they shall determine the meaning of the disputed terms in accordance with the provisions of the first paragraph of article 142 of this law.
if a contract text is concluded in two or more languages and the agreement is equally authentic, the words and expressions used in each text are presumed to have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.
article 467 the law of nameless contracts and foreign-related contracts shall apply. for contracts that are not expressly stipulated in this law or other laws, the provisions of the general principles in this part shall apply, and the provisions of the most similar contracts in this part or other laws may be applied by reference.
Chinese-foreign equity joint venture contracts, Chinese-foreign cooperative joint venture contracts and Chinese-foreign cooperative exploration and development contracts performed within the territory of the People's Republic of China shall be governed by the laws of the People's Republic of China.
article 468 the law of creditor's rights and debts not arising from the contract shall apply, and the legal provisions on creditor's rights and debts not arising from the contract shall apply; Where there are no provisions, the relevant provisions of this General Rules shall apply, except those that cannot be applied according to their nature.
chapter ii conclusion of a contract
article 469 form of conclusion of a contract, the parties may conclude a contract in writing, orally or in other forms.
the written form is a form that can tangibly express the contents, such as contract, letter, telegram, telex and fax.
The contents can be tangibly expressed by electronic data interchange, e-mail, etc., and the data message that can be accessed at any time is regarded as a written form.
article 47 main clauses and model texts of a contract, the contents of which are agreed upon by the parties, generally include the following clauses:
(1) the name and domicile of the parties;
(2) target;
(3) quantity;
(4) quality;
(5) the price or remuneration;
(6) time limit, place and method of performance;
(7) liability for breach of contract;
(8) methods to solve disputes.
the parties may conclude a contract by referring to the model texts of various contracts.
article 471 mode of contract formation: the parties may conclude a contract by offer, acceptance or other means.
Article 472 Definition and constitutive elements of an offer: An offer is an expression of intention to conclude a contract with another person, which shall meet the following conditions:
(1) The content is specifically determined;
(2) the offeror is bound by the expression of will by indicating that he has accepted the offer.
article 473 invitation to offer, an invitation to offer is an expression of the hope that others will make an offer to themselves. Auction announcement, tender announcement, prospectus, bond raising method, fund prospectus, commercial advertisement and publicity, and sent price list are invitations to offer.
if the contents of commercial advertisements and propaganda meet the conditions of an offer, it constitutes an offer.
article 474 time of effectiveness of an offer and the time of effectiveness of an offer shall be governed by the provisions of article 137 of this law.
article 475 if an offer is withdrawn, it may be withdrawn. The withdrawal of an offer shall be governed by the provisions of Article 141 of this Law.