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What is a free contract?

Question 1: What is a required contract and a non-compliant contract? If it is a contract, it means that the establishment of the contract is subject to certain requirements stipulated by the law, such as "in writing". If it is not concluded in accordance with the regulations, , the contract is not established. If it is a contract, as long as the parties' true intentions are met and the basic conditions for the establishment of the contract are met, the contract will be established.

Question 2: Please give an example of what is a free contract? 1. A formal contract refers to a contract that must have certain forms and procedures as required by law. An optional contract refers to a contract that does not require certain forms and procedures by law.

2. Distinguish between required contracts and non-formed contracts: You only need to look at the contract law or relevant judicial interpretations to see whether there are any written requirements. Without special requirements, all contracts are unnecessary. For example, necessary contracts include: loan contract (Article 197 of the Contract Law, the loan contract must be in written form), lease contract (Article 215 of the Contract Law, the lease term is six months) The above shall be in writing.)

3. The sales contract does not require a written contract, and an oral agreement is also acceptable.

4. Theoretically, they are all very different. There are no formal contracts (oral sales contracts), but there may be some problems in providing evidence in practice.

Question 3: What is a demand contract, and what are the main types of demand contracts? A required contract refers to a contract that is stipulated by laws, administrative regulations, or agreed by the parties to be in written form. The former is called a statutory contract, and the latter is called an agreed contract. Depending on whether a specific form is required for the establishment of a contract, contracts can be divided into required contracts and non-formed contracts. A required contract refers to a contract that must have certain forms and procedures as required by law. An optional contract refers to a contract that does not require certain forms and procedures by law. Essential contracts include: 1. All contracts under the guarantee law (guarantee, mortgage, pledge, deposit), loan contracts of financial institutions, construction project contracts, long-term lease contracts (lease period of more than 6 months), financial lease contracts, Technology development contracts and technology transfer contracts must be in writing; 2. Special contracts that require registration and approval, including: patent rights transfer contracts, trademark rights transfer contracts, mortgages of real estate or important chattels such as cars and ships contracts, Sino-foreign joint venture contracts, Sino-foreign enterprise contracts.

Question 4: Give an example of what is a mandatory contract and an optional contract? A mandatory contract refers to a contract that must be concluded in accordance with legal forms or procedures. A non-contract is a contract that is not legally required to be concluded in a specific form.

Necessary contracts: sales contract, labor contract, lease contract, agency contract, contract processing contract

Necessary contracts: intermediary contract, housekeeping service contract, gift contract, employment Contract

Depending on whether the law has specific requirements for the form of the contract, the contract can be divided into a required contract and a non-compliant contract.

A required form contract refers to a contract that must take a specific form according to legal provisions. For some important transactions, the law often requires the parties to enter into a contract in a specific manner. For example, a Sino-foreign joint venture contract must be approved by the approval authority before the contract can be established. A free contract means that the contract entered into by the parties does not need to take a specific form according to the law. The parties can take it orally or in writing. Unless otherwise provided by law, all contracts are free contracts. According to the principle of freedom of contract, the parties have the right to choose the form of the contract. However, if the law has special formal requirements, the parties must comply with the legal provisions.

The difference between a required contract and a non-required contract is actually a question about the conditions for the establishment and effectiveness of the contract. If the law stipulates that a certain contract must be approved or registered to take effect, the contract will not take effect without approval or registration; if the law stipulates that a certain contract must be in writing before it can be established, then the contract will not be established if the parties fail to do so in writing. For example, Article 32 of the Contract Law stipulates: “If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.

Question 5: What is a required contract and what is a non-written contract in a labor contract, and what is the difference? Simply put, if it is a contract, it is a written contract, if it is not a contract, it is a non-written contract

Question 6: Which contracts are mandatory contracts? All contracts written in the Contract Law should be voluntary contracts

So those two should be both

Question 7: Promise is fulfilled What does a contract, a required contract, or a non-formed contract mean? 1. A promise contract refers to a contract that can be established if the parties agree, such as an insurance contract or a donation contract.

2. A required contract. , refers to contracts that are required by law to have certain forms and procedures, including written, email, fax, etc., such as construction project contracts and technology transfer contracts.

3. Free-form contracts refer to contracts. The law does not require contracts with certain forms and procedures, such as private loan contracts.

Question 8: What are the meanings of a promise contract, a required contract, and a non-form contract? A promise contract and a gift contract

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Required contract insurance contract

Required contract Oral contract

A promise contract, also called a voluntary contract, refers to a contract that can be established if the parties agree to express their intentions. .

A mandatory contract refers to a contract that requires certain forms and procedures.

An optional contract refers to a contract that does not require certain forms and procedures. .

Question 9: Is a technology contract required or not? The Contract Law stipulates that technology development and transfer contracts must be in writing.

Question 10: The following contracts are not required. A formal contract refers to a contract that is stipulated by laws, administrative regulations, or agreed by the parties to be in written form. The former is called a legal mandatory contract, and the latter is called an agreed-upon contract.

An optional contract means that the contract entered into by the parties does not need to take a specific form according to the law. The parties can do it verbally or in writing.

Sales contract, donation contract, undertaking contract, warehousing contract, Entrustment contracts, brokerage contracts, and intermediary contracts are all free contracts.