What is the difference between "fixed" and "ordered" when concluding a contract or written evidence?

What is the difference between "fixed" and "ordered" when concluding a contract or written evidence? The deposit is punitive. If the person who pays the deposit breaches the contract, he has no right to demand the return of the deposit, and if the person who receives the deposit breaches the contract, he must return the deposit twice. If both parties perform the contract, the deposit can be used as an advance payment. The deposit is not punitive and is generally regarded as an advance payment. If the person who paid the deposit violates the contract, he has the right to demand the return of the deposit, but he shall bear the liability for breach of contract. If the person who accepts the deposit defaults, don't double the deposit, just bear the liability for breach of contract and return the deposit.

What's the difference between changing a contract and re-signing it? Theoretically, it can generally be understood that the change is a local change on the basis of the original contract.

Re-signing means canceling the original contract before signing a new one.

In practice, it may not be so different, just to achieve the ultimate goal.

What does it mean to behave well when concluding the contract? Article 24 of the Civil Procedure Law stipulates that a lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court where the defendant is located or has his domicile. Articles 18, 19, 20 and 21 of the Civil Opinion stipulate that if there is no contract and the domicile of both parties is not at the place of performance agreed in the contract, the lawsuit filed by the defendant shall be under the jurisdiction of the people's court. If the parties to a purchase and sale contract agree on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined by delivery; In the case of self-declaration, the place of delivery of the goods shall be the place of performance of the contract; Where the goods are consigned or delivered by means of wood or coal delivery, the place of delivery of the goods is the place of performance of the contract. Where the actual place of performance of a purchase and sale contract is inconsistent with that in the contract, the actual place of performance shall be the place of performance of the contract. For processing, the place of performance of the contract is the place of processing, except the place of performance of the contract. Property and financing contracts take the leased place as the place of performance, unless there is an agreement on the place of performance in the contract. Compensation for trade contracts to accept investors' performance of major obligations. Article 62, paragraph 1 (3) of People's Republic of China (PRC) Contract Law stipulates that if the place of performance is unclear, it shall be performed at the place where the payer is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.

The above-mentioned legal provisions and judicial interpretations all involve the performance of the contract, and how to understand the place of performance of the contract is the key to the whole trial. In the process of reviewing and filing contract disputes, the place of performance is one of the important criteria for determining the jurisdiction of contract disputes. But in general, the contract is binocular, that is, the obligations of the parties are corresponding. The place of performance is one of the important signs to determine the jurisdiction of contract disputes. But in general, the contract is binocular, that is, the obligations of the parties are corresponding. The performance landlord mainly refers to the place where the performance business is performed. In this way, there are two obligations and two places of performance in the contract. Simplification of the place of performance is the premise of determining the jurisdiction of the contract, or, in the case of two places of performance, one of them must be selected to determine the jurisdiction. Otherwise, it will be impossible to determine the jurisdiction, which will lead to arbitrary prosecution or arbitrary defense in different places of performance, and bring unnecessary confusion to the exercise of the right of action and the determination of jurisdiction. Then how to determine the place of performance, some scholars put forward that the place of performance of contractual characteristic obligations should be the place of performance. That is, "no matter what kind of bilateral contract, one party's main obligation is to pay money as the characteristic obligation of the contract, and the other party's main obligation is to perform non-monetary obligations."

If you can give detailed information, you can give a more detailed answer.

When concluding the contract, where is the place of performance? The place where the contract is performed is the place where the contract is performed as agreed or actually.

1. If the parties expressly stipulate the place of performance in the contract, the agreed place of performance is the place of performance of the contract. Where the parties have not clearly agreed on the place of performance in the contract, the agreed place of delivery shall be the place of performance of the contract. The place of arrival, the place of arrival, the place of acceptance and the place of installation and debugging agreed in the contract shall not be regarded as the place of performance of the contract.

Two, the parties clearly agreed on the place of performance or delivery in the contract, but in the actual performance in writing or other ways agreed by both parties to change the agreement, the changed agreement to determine the place of performance of the contract. If the parties fail to change the original agreement in the above way, or the change of the original contract does not involve the place of performance, the place of performance shall still be determined according to the original contract.

Three, the parties in the contract for the place of performance, the place of delivery is not agreed or clearly agreed, or although there is an agreement, but the goods are not actually delivered, and the domicile of both parties is not in the place of performance agreed in the contract, as well as oral purchase and sale contract disputes, the non-performance place shall determine the jurisdiction of the case.

Do I need to sign a contract to rent a house? sign a contract

There should be a contract, how to divide the water and electricity bills, how to pay them, copy down the information of the water and electricity meter when you live in, and also write clearly whether the rent is paid in January or in a few months, specifically how much it costs a month. If you give the landlord a deposit, write down how much the deposit is and how long the house will be rented. If you don't rent it halfway, how long will it take to tell the landlord that he won't deduct your deposit?

Wait, a lot of questions have to be written in the contract.

The general landlord will also require that if you rent a house by yourself, he will not allow you to take your children home often, and the contract will also say that if you break something in the landlord's house, you should pay compensation according to the price.

How to conclude a contract for establishing a driving school by partnership investment? Take a partnership model from the industrial and commercial bureau, and modify little or only some information.

Can directors sign contracts or conduct transactions with the company? There are many provisions in the textbook that directors, managers or employees are equivalent to companies and enterprises to conduct transactions, which are summarized as follows:

(1) sole proprietorship enterprise:

Personnel entrusted or hired by investors to manage the affairs of a sole proprietorship enterprise shall not enter into contracts or conduct transactions with this enterprise without the consent of the investors.

(2) Partnership enterprises:

When carrying out partnership affairs, the general partner shall not trade with the partnership enterprise, unless otherwise agreed in the partnership agreement or agreed by all partners.

A limited partner may conduct transactions with the limited partnership enterprise; However, unless otherwise agreed in the partnership agreement.

(3) Limited liability companies and joint stock limited companies:

Without the consent of the shareholders' meeting or the shareholders' general meeting, directors, supervisors and senior management personnel may not enter into contracts or conduct transactions with the company.

Is 65438+July 9, 2005 Gregorian calendar suitable for concluding a contract? Superstition ~ it's not a wedding, but also the Gregorian calendar!

But good luck.

A and B conclude a contract, and B and C conclude a contract later. If C's rights and interests are damaged, A can't appeal directly, right? What is the reason? You can't sue A. Your legal contractual relationship has been separated, so you can't sue.

When the contract between Party A and Party B expires and Party B has debts, it can exercise the right of subrogation and directly sue Party A for repayment (subrogation). At the same time, if B gives my assets to A at a low price or free of charge, you can exercise the right of cancellation in order to avoid responsibility.

If the contract conclusion date is not written, is the contract valid? If the date of conclusion of the contract is not specified, the contract will not be invalid. The "Contract Law" makes specific provisions on several situations in which a contract is invalid except the date of conclusion.