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Security transactions
Entered into a contract for the sale points to note
The economic importance of the signing of the contract, the best familiarize the relevant provisions of the Contract Law, and then re-signed. Now signed a contract requiring the attention of listed as follows:
First, the concept of a contract for the sale.
The seller is a contract for the sale of its ownership transfer of ownership to the buyer, the buyer pay the price of the contract.
Second, the general contract for the sale should be required to pay attention to the content and elements:
(A) the name or names of the parties and shelter; (business license should be the name, is a natural person on the ID cards to residents based on the name);
(B) logo, (full name should be written, to write specific and can not be abbreviated, variety, specifications, models, class, color, and other specific post)
(C) number, (must be filled out clearly and not ambiguous)
(D) or the price paid (by consultation between the two sides decided)
(5) quality (product quality standards, according to "People's Republic of China Standardization Law" regulations, no national standards in accordance with the standards of enterprises signed, the parties have special requirements, by consultation between the two sides signed)
(6) dates, locations and means should be clearly defined
(7) breach of contract responsibility (according to the economic provisions of the Contract Law)
(8) dispute resolution methods. (Arbitration by the Arbitration Commission or by the courts)
It also may provide packaging, testing standards and methods of billing methods, the use of contracts and the effectiveness of the text provisions.
Third, the contract for the sale of loopholes and fraud
1. Not a contract of the main qualifications, not the actual discharge capacity.
In the real economic life, often contract fraud is the main conclusion of the contract entered into the contract without qualifications, there is no ability to perform. This occurred mainly in the corporate and other organizations of the party to the contract between the middle of the main forms:
A. formation of a contract the party is not qualified to provide legal proof;
B. Although the contract party to provide a "corporate business license," but to copy or copies, in fact, as evidence of forgery;
C. party to the contract to provide a formal "corporate business license," but its actual false registered capital, it is no funding and no real ability to perform;
D. a party in the conclusion of the contract, although a formal offer "corporate business license," but did not participate in the Trade and Industry, the inspection has been their business licenses.
2. Agents beyond agent authority, to be signed on behalf of an agent contract for the sale.
In the signing of a contract for the sale, the agents often have to be an agent signed a contract on behalf of the situation in the authorized agent within the framework of contracts signed by the agent of the rights and obligations shall be borne by the agent to bear. But agents beyond the right agent or agents have the right to mandate after the expiry of the period established by the contract, an agent without the ratification by the commitment of people. According to the "General Principles of Civil Law," the relevant provisions of the contract may give the other party caused the loss.
3. Subject of a legal prohibition or restriction of circulation.
In the trading activities of the parties do not understand the law on the sale of goods are unlimited, to prohibit the sale of the provisions of blindly signing of the contract because of the subject matter for the law to prohibit or restrict the circulation of circulation of which led to the contract null and void.
4. Contract for the sale of the contents of a loophole in the lead rights are not protected.
Often because of a contract for the sale of the business are not familiar with the negotiations, or lack of experience in the content of the loopholes in the contract, a common vulnerability:
A. quality agreement is not clear;
B. discharge locations not clear;
C. payment period is not clear;
D. not clear responsibility for breach of contract;
E. form of payment is not clear;
F. fulfilling manner that is not clear;
G. measurement methods is not clear;
H. test is not clear.
More and more loopholes in the contract agreement or the lack of proper contents unknown, the two sides disputed the use of the word, and so on.
5. Contract for the sale of malicious discharge.
Signed a content complete, detailed sound contract does not mean that there is no risk, in the actual implementation of possible malicious discharge of the situation, in general:
A. an excuse for poor quality products and to pay the purchase price;
B. quality of products and deliberately not informed;
C. occurred in the time of delivery without notice;
D. on the other side does not fulfil the agreement, not to take timely measures to avoid or reduce the occurrence of losses
6. Forging cheques, the taking of goods.
Forging cheques rapid growth in recent years is a fraud. Is the main form of issuing false cheque is dishonoured cheque denomination, such as prepaid tickets will be handed over to check their accounts will be transferred to the accounts Chu Piaoren而使declined to pay the amount can not be fulfilled. Another form is deliberately creating obstacles that can not be opened to check cashed in, this form of a more covert. For example, the seal on the check and Chu Piaoren in different banks for the chop; cheque capitalization different date is wrong; even T cheques which can not be clearly identified; altered, and so would lead to dishonour cheques. Forging cheques to the use of votes were needed some time to ascertain the authenticity of cheques, and taking the goods to each other in a very unfavorable situation.
For wire transfers, must abide by the principles, to take effect, not by fax, as has been the basis for your card, as has recently found a fake wire transfer engage in fraud case goods (EFT banks generally do not immediately check the amount of deposits).
Fourth, the contract for the sale of loopholes and fraud prevention
For easy in the contract for the sale of the loopholes and fraud, in the conclusion of the contract, the parties can take the following preventive measures:
1. As far as possible before the conclusion of the contract the parties understand each other relevant information.
A pre-contract deal with each other's legal status, business scope, credit conditions and the recent operating results, business credibility of the necessary inspection, if the parties themselves aware of the difficulties, the other party to the location of the business sector inquiries, and can be Each other through the same industry or related businesses to find out about.
2. Agent signed a contract deal with its agents the right to know.
The clerk or other management staff on behalf of its units entered into the contract, should pay attention to understand each other's authority, including the mandate, the mandate period, the opening of recommendation letters of authenticity, non-representative of the senior management staff, As vice president, the vice chairman of the board, should be aware of whether they have representation.
3. Focus on improving specific business leaders and the quality of staff
In the conclusion of the contract in the course of many loopholes - is due to the emergence of operational staff are not familiar with the ignorance of the relevant laws and regulations, it should focus on improving operational personnel and leaders of the operational capacity and quality, and is familiar with the operations of this industry Effective anti-India and to protect their interests. Master of the trade-related laws and regulations, understanding of the law whether the transactions are prohibited or restrictive provisions. The professionalism of the contract will allow more lawyers and other legal professionals to help.
4. Conclusion of the contract should be in writing and the use of relatively standard model contracts.
China's "Contract Law" Although allowed in written form, oral and other forms, but because of non-written form in the event of disputes not determine responsibility and to avoid being used for fraud, a contract should be in written form. At the same time the conclusion of the contract should be as much as possible reference model contracts and made light of the specific situation. Content should be detailed and clear. China's industrial and commercial administrative organs promulgated a standard contract template for reference. If the conditions can be industrial and commercial administrative organs conduct forensic examination of the contract. On the one hand, can check the contents, on the other hand can also enhance the solemnity of the contract and credibility.
5. To guard against the malicious discharge.
The malicious discharge of the contract is very complicated, but in the conclusion of the contract, if active in prevention will greatly reduce the risk of the contract. If, on the other party have doubts about the creditworthiness, as far as possible should ask the provision of security. In addition there are problems in fulfilling the contract, should actively advocate their rights and to retain relevant evidence. Actively exercise right of appeal through the people's courts to protect their rights, so as to avoid litigation over time due to the losses suffered.
6. Shall be paid by check to check so as not to apply the procedure of taking the subject.
Forging checks to prevent fraud there are two ways a more effective, and the other is, to delivery, according to the time required for transfer check for the seller to the buyer of the book after the delivery, but this generally means it is difficult to accept the buyer Unless goods more tight. Another method is to direct the depositary bank to Chipiao Chupiao Ren stated, will be able to know immediately whether cheques cashed in, if that is to be honoured transfers, such as payments can be immediately stopped shipments, so as to avoid losses.
In addition, the contract should be signed Xieqing place, the place of delivery (very important) to the disputes by arbitration where the members of the arbitration, or where the court accepted that these consultations the two sides can be filled out.
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