In life, there are many agreements, and exchanges, and one of those agreements becomes a civil contract. Civil contracts governed by the Civil Code. Here, let’s find out with Lawyer X about “How to make a civil contract” through the following article!
What is a civil contract?
A civil contract is an agreement, exchange, and unification of the will of the parties to achieve the purpose of establishing, changing, or terminating civil rights and obligations. A civil contract is a common form of civil transaction.
Under Article 402 of the 2015 Civil Law, there are specific types of civil contracts as follows:
– The main contract: is the type of contract that is valid regardless of the remaining contract. That is, an independent contractor, not dependent on the sub-contract, if the sub-contract is invalid, the main contract will still have legal effect. Unless otherwise agreed by the parties.
– Sub-contract: This contract depends on the validity of the main contract. If the main contract is invalid, the sub-contract will also be invalid. Except for secured transactions, the sub-contract will not be subject to the validity of the main contract.
– Unilateral contract: A contract that gives rise to an obligation relationship between the parties to the contract in which only one party has the obligation and the other has the right. Usually, this type of contract does not deal with the issue of compensation because the obligor must perform the work for the benefit of the other party.
– Bilateral contract: A contract that gives rise to an obligation relationship between the parties in which both parties have obligations towards each other. In this type of contract, the rights of one party will correspond to the obligations of the other party.
– Contract for the benefit of a third party: A type of contract where the parties perform the contract to bring benefits to a third party, that is, in this contract, the third person is the beneficiary.
– Contract with performance conditions: A type of contract in which the contracting parties can agree on the conditions for performance of the contract in terms of rights and obligations; Agreement on conditions giving rise to and termination of the contract.
General provisions on civil contracts
A civil contract is one of the common, common, and legal bases that give rise to legal consequences with the characteristics of civil legal relations, in which, the right to self-determination of the parties involved relationship is most fully expressed.
The content of a civil contract includes provisions defining the rights and obligations of the parties and the responsibilities of the parties in case of failure to perform or improperly perform the civil contract. The terms of a civil contract include basic terms, ordinary terms, and discretionary clauses. A basic clause is a mandatory clause in a civil contract, considered a necessary and sufficient condition for the formation of a civil contract. Conventional terms are those that do not force the parties to agree. They have been stipulated in legal documents, if the parties do not agree, they will apply according to the provisions of law or be applied according to custom if not contrary to the basic principles of civil law. The discretionary terms are terms agreed upon by the parties.
As a general rule, one of the parties to a civil contract cannot arbitrarily change the content of the civil contract. consequences of that violation. The conclusion of the contract must comply with the provisions of relevant legal documents.
Civil law only stipulates several common and common civil contracts with simple nature, typical for that civil contract. However, in principle, agreements that are not contrary to law, and social ethics and comply with the valid conditions of civil transactions can be considered civil contracts.
Features of civil contracts
According to the provisions of Article 385 of the 2015 Civil Code, a civil contract includes the following characteristics:
First, a civil contract is an agreement between two or more parties, but it is an agreement to unify the will and that will must be consistent with the will of the State.
Second, a civil contract is a legal event that gives rise to legal consequences: Establishing, changing, and terminating civil rights and obligations of the subject parties.
Third, the content of a civil contract is the rights and obligations that the subject parties provide for each other.
Fourth, the purpose of a civil contract is a legitimate interest, not against the social morality that the parties are aiming for: Only when the purpose of a civil contract is proven or recognized as lawful, not If it is contrary to social morality, the new civil contract will take effect, through which the rights and obligations of the parties can be implemented in reality.
The 2015 Civil Code recognizes six main types of contracts in Article 402:
Contracts include the following main types:
1. A bilateral contract is a contract in which each party has obligations towards the other.
2. A unilateral contract is a contract in which only one party has obligations.
3. The Main contract is a contract whose validity does not depend on the sub-contract.
4. Sub-contract is a contract whose validity depends on the main contract.
5. Contract for the benefit of a third party is a contract in which the contracting parties must perform an obligation and the third party enjoys benefits from the performance of such obligation.
6. A conditional contract is a contract whose performance is dependent on the arising, changing, or termination of a certain event.
The contract may have an appendix attached to detail some terms of the contract. The contract addendum has the same effect as the contract. The content of the contract appendix must not be contrary to the content of the contract. In case the contract appendix contains a clause contrary to the content of the contract’s terms, this provision shall not take effect, unless otherwise agreed. In case the parties accept the contract appendix containing a clause contrary to the terms of the contract, it shall consider that such clause in the contract has amended.
How to make a civil contract
In terms of drafting principles: must be based on voluntary agreement, equality, honesty, and goodwill.
Regarding the contact form:
- The form of a civil contract can perform through a contract from specific word of mouth, in writing, or in addition, it can do by a specific act.
- Depending on some types of contracts, they need to make in writing and may need to notarize or authenticate to be legally valid.
- Ensure the contract language is following regulations and respects the ethics, fine customs, and traditions of Vietnam
Regarding the subject to sign the contract: must have civil act capacity, civil legal capacity, and not prohibit from entering into contracts according to the provisions of current law.
Regarding the content: the contract must ensure the following contents:
- Subject matter of the contract (property, work, service)
- Quantity Quality
- Price, payment method
- Term, place, and method of contract performance
- Rights and obligations of the parties
- Liability for breach of contract
- Dispute resolution
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- Change the type of labor contract in Vietnam
- Rights of employees when unilaterally terminating the labor contract
Frequently asked questions
The effective time of the contract is determined as the time of entering into the contract unless otherwise agreed on the effective time or conditions of effect. From the time the contract takes effect, the parties must carry out the performance of their rights and obligations according to what was previously agreed upon.
The time of entering into the contract is determined as the time of receiving the other party’s acceptance to enter into the contract. In addition, in certain cases, the time of entering into a contract also has other ways of determining such as:
+ The content of the contract is agreed that for some time but the party receiving the request is silent, ie accepts to enter into the contract, and the time of signing is determined to be the last day of that time.
+ The form of an oral civil contract is determined at the time of signing after the parties have agreed on the content.
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