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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