The Structural Design Of The Text Of The Contract And The Protection Of The Rights Of The Patries

A clear structure and content improvement contract is a prerequisite for theestablishment of normal trade order. The contract not only to regulate the existingparties to the contract transactions, but also provide the basis for the contractualobligations that may arise in the future the process of implementing non-standardtransactions caused by acts. Fully understand and grasp the inner law of the contracttext, holds the dominant position in the process of negotiation and performance of thecontract, it is very important for the parties to the contract."Contract Law of the People’s Republic of China as the main legal background,combined with practical experience to the contract for the sale of the most typical inthe field of contract for the main object of study, taking into account otherwell-known common feature of the contract. The paper is divided into five chapters,respectively, from signing the main background and the purpose clause, the terms ofthe transaction details, contract performance and risk control provisions, breach ofcontract and dispute resolution provisions, other provisions of this part of discussions.This paper attempts to fulfill the management of behavior through the structuraldesign of the text of the contract and the contract signed, the contract maximize thebenefits of and minimize the risks of trading, in order to achieve the purpose of theeffect of contractual autonomy and the protection of the interests of the parties.The first chapter for the contract subject, background and purpose clause. Thatpart of the terms of the function used to establish the rules of the main contract andthe terms of the contract between the basic order, answer "Who is Who" of thetransaction. Trading entity should possess appropriate qualifications, the main grid ornot related to the validity of the contract and future accountability. Faced with aformal and relatively complex text of the contract, the terms of the contract in thenegotiation and implementation process will change, signing in view of the terms ofthe future to judge the dispute to find an important basis for the interpretation of the contract. This part are mostly arranged in the first part of the contract, the terms arearranged in the body and tail of the contract. By the arrangement of such content, youcan solve the identity of the parties to the contract and the contract itself, the basicrules.The second chapter of the terms of the transaction details. Solve the most basic"Who" and other issues, the contract need to be resolved is the parties need to "doanything", the fixed transaction. Bilateral paid contract is the core of the two sideseach other’s payment of the price, quantity, quality standards, the task of the terms ofthe contract of course, is its clear, specific description. This part of the terms toaddress the following questions: What is the content of the transaction to be such aproduct or service; content quality standards of the transaction; the number oftransaction content, specifications, and units of measurement; unit price and totalprice, and the price includes content; subsidiary of spare parts, spare parts oradditional service.The third chapter is the performance of the contract and the terms of the riskcontrol. This part function is to clear the transaction to complete the process, toensure the realization of the purpose of the contract to solve the problem of "how".The contents of the text of the contract the core of the most basic. The main content,including product or service locations, in order to identify products or services of thecontracting parties, in what manner. And then solve a number of questions such as:time, place, product or service provided, batches and each batch number; handlingmode, the mode of transport, storage methods, insurance and bear the cost waytransfer of information; description of information, delivery of spare parts;specifications, quality, acceptance criteria and procedures; payment procedures,methods and duration, the type of invoice and delivery; standards of service, content,duration, mode of delivery and bear the cost. In the contract, the above generallyrelate to various aspects of the contracts necessary for the purpose of such a clause isoften occupy a larger space.Chapter IV for breach of contract and dispute settlement provisions. The contractstructure set in the part of the function, in order to solve a problem and how to do.Both how to define the default behavior, and how to determine the scope of liquidated damages, including the processing of other non-normal conditions the processing ofnon-compliance and breach of contract, its purpose is to deal with non-normalconditions, to establish a secure transaction order. The main contents include: First,determine the scope of the breach, determine the scope of the special circumstances,is to determine the scope of responsibility, and clear responsibility.Chapter V for the other terms. This section is an important complement to ZhuWen Terms. Including notice provisions, insuranceSecret terms of force majeure and the terms of the accident, the annex to the contractterms."Notice" always implement the performance of the contract, both contract lawand the accompanying obligations, but also the conditions of entry into force ofcertain contractual rights. Contractual relationship is formed on the basis of arelationship of trust, the Parties must be mutual disclosure of their information aboutthe contracting process, of which there must be some need for confidentiality fromthe perspective of safeguarding their own interests, you need to be set in the contractgiven confidential terms. The terms of the force majeure and accidents is clear andspecific exemption situations, including what, so that in case of disputes can beclearly defined whether the exemption. Annex provisions include a number ofsupporting documents, the implementation of a clear contract basis, complex contract,Annex the terms of the agreement is very important.It is undeniable that, I level, there is still a lot of defects, the author needs to beconstantly improve in the future study and work.Either way, the study in the theory and practice of structural design aspects ofthe contract text is of great significance. I hope This article will give readers someinspiration to make the contract the parties are able to pay attention to the contract,the proper application of the contract by contract, reduce legal risks, to maximize thetrading interests of.