Legal Opinion on Contract Review:

To: ××××× Firm

After reviewing the long-term contract signed between your firm and ××××× Company The following review opinions are hereby put forward for the cooperation framework agreement:

1. It is recommended that Article 2 of the agreement, “The research of the cooperation project is mainly carried out by Party A, and Party A owns the intellectual property rights of the research and development products” is changed to “Party A is responsible for the research and development of the cooperation project”. Research and development are mainly conducted by Party A, and the intellectual property rights (including trademark rights, patent application rights, patent rights, and proprietary technologies) obtained thereby belong to Party A." It is recommended that "the specific rights and obligations of each party shall be subject to the contents signed by the cooperation project" to "the specific rights and obligations of both parties shall be subject to the contents of the agreement signed when the two parties cooperate on the project.

II , it is recommended to amend Article 5 of the agreement to read: "This agreement will take effect from the date of signing. If no special event occurs and the agreement between the parties is terminated or one party unilaterally terminates this agreement, this agreement will be effective for a long time. After the termination of this agreement, both parties will not bear each other's liability for breach of contract. "The reason is that when both parties are unwilling to continue cooperation, if you give one party the right to terminate the contract alone, you can be in a proactive position. In addition, because this agreement has no substantive rights and obligations, if this agreement Upon termination, both parties will not be liable for breach of contract.

3. It is recommended that the “representative” at the end of the agreement be changed to “authorized representative”

How to write legal opinions

Related to the legal document format sample, the legal opinion letter is a new type of writing that emerged after the reform and opening up. Judging from the current usage in various places, the following writing mode has basically been formed. .

Header

1. Title

Mark "Legal Opinion" in the center of the top of the document

2. To the sending unit. (or person)

In the top box of the next line of the title, write the name of the unit or person who receives the document, such as: "×× Co., Ltd." "Dear ×× Country ××××". "Mr. (Ms.)", "Chairman ××", etc.

3. Explain the origin and basis of the answer content

It is required to use concise words to summarize what the answer is. That is, to answer the questions raised, this is the beginning of the legal opinion.

The main body of the legal opinion is detailed through laws and regulations. Answer the questions raised by the inquirer. Generally speaking, this part requires rigorous argumentation and scientific analysis to give the inquirer a satisfactory answer. Answer several questions one by one in the form of subtitles. The specific way to write them depends on the number of questions asked by the inquirer.

End

After the main text is written, Generally, a new paragraph should be used to summarize and summarize the issue in a few sentences, which can serve as a summary of the entire article. Finally, write the lawyer's work unit, position and name in the lower right corner of the article, and indicate the date of production.

Attachments

If the legal opinion has attachments, the names of the attachments should be listed after the main text and the order should be compiled.

Signature

Generally, it is in the name of a legal affairs organization, or it can be signed by an individual corporate legal advisor; when it is in the name of a legal affairs organization, the person in charge should sign to show responsibility, and the time of submission is below the signature.

Legal basis:

Article 464 of the "People's Republic of China and Civil Code" A contract is an agreement to establish, change, and terminate a civil legal relationship between civil parties.

Marriage and adoption. , guardianship and other agreements related to identity relationships, the legal provisions related to the identity relationship shall apply; if there are no provisions, the provisions of this section may be applied according to their nature.