Several new typical contracts have been added to the Civil Code.

Typical contracts added to the Civil Code include guarantee contract, factoring contract, property service contract, intermediary contract and partnership contract. Among them, the factoring contract refers to the contract that the creditor of accounts receivable transfers the existing or existing accounts receivable to the factor, and the factor provides financing, accounts receivable management or collection, payment guarantee and other services for the debtor of accounts receivable.

Legal analysis

Part III of the Civil Code includes Chapter XIII Guarantee Contract, Chapter XVI Factoring Contract, Chapter XXIV Property Service Contract and Chapter XXVII Partnership Contract. When signing a contract, we should pay attention to the accuracy of the names of the parties and use the full names. The object of a contract refers to the object to which the rights and obligations of both parties point. The subject matter should be clearly written in the contract. If a product is to be processed, the name, specification, appearance size, color, smoothness and internal technical requirements of the product should be clearly written. Some of them need accurate and clear drawings to express besides written descriptions. When the price and remuneration are marked with price, the unit price and total price should be clearly written. If there is any budget change during the performance of the contract, such as renovation contract, it is necessary to agree on how to calculate the unit price and total price when adding or subtracting items, which should be explained. The significance of this liability for breach of contract clause is that it can urge the parties to perform the contract and minimize the loss of the observant party in the event of a dispute, so it should be clearly stipulated in the contract.

legal ground

People's Republic of China (PRC) Civil Code

Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 761 A factoring contract refers to a contract in which the creditor of accounts receivable transfers the existing or existing accounts receivable to the factor, and the factor provides the debtor of accounts receivable with services such as financing, management or collection of accounts receivable, and payment guarantee.

Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.

Article 969 The capital contributions made by partners, income obtained from partnership affairs according to law and other property belong to the partnership. Before the termination of the partnership contract, the partners may not request the division of the partnership property.