CAUTION WHEN SIGNING THE CONTRACT (PART 1)


Source: nbcdaily.com

The signing of the contracts, especially Economy – Trade contract is an indispensable element of the business. However, there are many legal risks in signing contracts that often leave serious difficult consequences to repair.

- Firstly, determine the correct legal basis applies to contracting

The bases for economy contract are 2015 Civil Code, the Commercial Law 2005 and the documents guiding the implementation of these law. Besides, depending on the field, it can be applied more specialized legal document, for example in the field of construction applicable Construction Law 2014, in the field of business cooperation should apply extra Investment Law in 2014 .. .. We must clearly identify the specific legal basis for each of the terms of a specific type of contract.

To determine the applicable law, we should analyze the subject and content, the object of the contract. For example, as well as purchase agreement but if the subject is between two private individuals, Civil Code shall be applied and if the subjects are entities, shall apply the Law on Commercial.

- Secondly, the formality of signing contracts

When signing a contract, check that the form of the contract are not drafted in accordance with law? Provisions of Law prescribe that contract must be made in writing. If there are provisions to registration or notarization, authentication,  it is not allowed to ignore the breaches of the contract or else that contract will be void and have no legal effect.


Note: For legal contracts not required to be made in writing, you should try to write them to ensure the rights and obligations of the parties.

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