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Difference between shrimp pond contract and lease contract
The difference between shrimp pond contract and lease contract: 1. Different objects. Contract management is based on certain production and operation tasks, and the object is operating results; Lease management is based on the transfer of asset use right and enterprise management right, and the object is assets. 2. The degree of separation between ownership and management is different. Contractors have the rights of production and operation, personnel and labor management, employee rewards and punishments, etc. However, these rights are exercised under the control of the higher administrative department, and their autonomy is incomplete; The degree of separation between the two rights in leasing operation is more thorough, and the enterprise is no longer an appendage of the administrative department. Operators not only have the right of enterprise organization, income distribution, production and operation decision-making, hiring and dismissing employees, etc. , you can also adjust the business direction of the enterprise according to market demand, and go through the formalities of change registration in accordance with relevant state regulations. Characteristics of lease contract: a lease contract is a contract to transfer the usufructuary right of the leased property. In the lease contract, the lessee's purpose is to obtain the usufructuary right of the lease item, and the lessor only transfers the usufructuary right of the lease item without transferring its ownership; When the lease contract is terminated, the lessee shall return the lease item. This is the fundamental feature that distinguishes the lease contract from the sales contract. The lease contract is a two-service paid contract. In the lease contract, there is a consideration relationship between paying the rent and transferring the usufructuary right of the leased property. Paying rent is the consideration for obtaining the usufructuary right of the leased property, and obtaining rent is the purpose of the lessor to rent the property. A lease contract is a promise contract. The establishment of a lease contract is not based on the delivery of the leased property. As long as the parties reach an agreement according to law, the contract is established.
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