contractagreement合同与协议.pptVIP

Contracts Agreements Contract What is contract？ A contact in this Law refers to an agreement establishing， modifying and terminating the civil rights and obligations between subjects of equal footing， that is， between natural persons， legal persons or other organizations. —contract law ,1999 Contract “contract is a promise， or a set of promises， for breach of which the law gives remedy， or the performance of the which the law in some way recognize as a duty.” —Law Dictionary，Steven H. Gifts Agreement What is agreement？ A consensus of mind， or evidence of such consensus， in spoke or written form， relating to anything done or to be done. —A Dictionary of Law， L.B Curzon The consent of two or more persons concurring respecting the transmission of some property， right or benefits， with the view of contacting an obligation， a mutual obligation. —Law Dictionary Contract Agreement ？NO! Contract generally involves: 1. offer and absolute and unqualified acceptance （要约和绝对接受）2. consensus ad idem （意思表示一致， 也叫meeting of minds）3. intention to create legal relations （建立合同关系的意愿）4. genuineness of consent （同意的真实性）5. contractual capacity of the parties （合同当事人的缔约能力）6. legality of object（标的物的合法性）7. possibility of performance （履行的可能性）8. certainty of terms（条款的确定性）9. valuable consideration（等价有偿） So, although often used as synonyms with contract， agreement is a broader term， e.g. an agreement might lack an essential element of a contact. Contract is an important component of agreement. All contracts are agreements, but not all the agreements are contracts. The Form of a Contract or an Agreement Head Body End Head The title of the contract or agreement The number of the contract or agreement The date and the place of signing the contract or agreement The preface of the contract or agreement Body The name and the specification of the commodity Quantity Unit price and total value The port of destination Payment Insurance Inspection Claim and arbitration