Job Recruitment Website - Property management - Is it valid for a property company to sign a property service contract with the community without an industry Committee?
Is it valid for a property company to sign a property service contract with the community without an industry Committee?
1, the parties have the corresponding ability to conclude a contract;
2. The meaning is true;
3. It does not violate the legal and social interests.
Pay attention to the following issues when signing a contract:
1. Verify the subject qualification of the other party;
2, the form of the contract, if the law requires that the contract must be signed in writing, it must be signed in writing;
3. The necessary clauses of the contract should be specific and clear;
4. Contractual obligations, assistance obligations and notification obligations before the contract;
5. Track and manage the authorization documents such as power of attorney, letter of introduction and sealed contract issued by the company.
Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.
Article 471 The parties may conclude a contract by offer, acceptance or other means.
Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
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