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The form of the contract
From;    Author:Stand originally


The form of the contract is to point to conclude a treaty the expressional form of the agreement that party place reachs. The form of the contract is decided by contract and content. To more complex contract, general provision introduces legislation written wait for a form. And the contract to numerous simple citizen folk, negotiate the form that chooses a contract by party commonly. " civil code general rule " the 56th regulation: "Civil law action can use written form, oral form other perhaps form. Law sets those who use specific form, ought to the regulation of according to law. "This is the general provision that our country law is the same as a form to closing.

The common contract form in practice has the following kinds:
1.Oral form
The contract that party of the contract when oral form concludes with conversational form directly. Oral form is convenient rapid and easy travel, direct, this is having very main effect to quickening commodity to be on the move, consequently, modern contract law is a principle with wanting form, oral form special be current. The contract form great majority that our country citizen uses in individual, domesticity is oral form. Oral form also has very big drawback, when this produces issue namely, prove hard, distinguish responsibility not easily. Consequently, it agrees with quite not big, content is simple and the amount of mark can be instant the contract of clear tie concerns. Individual and enterprise, industrial and commercial door, the country contracts manage door between concluded contract, should not be commonly use oral form, and ought to use written form or other form. Especially our country is current commercial reputation is inferior, , the contract honors the agreement below the state with not high rate, party ought to take cautious attitude more, unfavorable and credulous the other side, the loss is caused for lack of evidence in order to prevent after dispute happening.

2.Written form
Written form is the contract form of the content that shows party expresses an agreement with the character. Written form party is written into contract book commonly, the writ of the cable that comes and go between party, chart, modification contract, also belong to the written form of the contract. Be like: One party party buys goods by wire, telegram in reply of the other side agrees, can think both sides has written contract.

Written form is oraler the form is complex, put down in writing of obligation of Dan Jiquan benefit is clear, produce controversy not easily, although produce controversy to also have according to can be being checked, solve easily. Consequently, " economic contract law " outside the person that stipulate the contract writtens guarantee except instant Qing Dynasty, ought to use written form; " contract law of economy of concerning foreign affairs or foreign nationals " and " technical contract law " set what be a contract with written form to establish important condition. Below the condition that establishs important document or become effective important condition as the contract in written form, , had written form only, contract ability holds water or become effective. Written form regards a contract as evidence, its effectiveness also excel is oral evidence.
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