What is the place of contract formation

The place of the contract is established in the following cases:

1, the commitment to take effect the contract is established, and the place of the commitment to take effect for the place of the contract is the basic principle.

2, the use of data message form of contract. The addressee's principal place of business is the place of establishment of the contract. There is no principal place of business, its usual place of residence for the place of establishment of the contract. If the parties agree otherwise, in accordance with their agreement.

3, the parties to the contract in the form of a contract. Signed or sealed by both parties for the establishment of the place of the contract. Non-essential contract, the general commitment to the place of entry into force of the contract for the place of establishment. Essential contract, to the place where the essential to reach the place of the establishment of the contract. Both parties in the contract before the establishment of the contract agreed to conclude the contract in the form of contract, to the signature or seal of the place for the establishment of the contract.

In addition, the place of formation of the contract can also be agreed by the parties themselves.

Legal basis

Article 34 of the Contract Law provides that the place where the promise takes effect is the place where the contract is established.

If a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is established; if there is no principal place of business, its usual place of residence is the place where the contract is established. If the parties agree otherwise, according to their agreement.