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Risk examination and clause designing of the oil equipment purchase contract. Part One Risk examination of the oil equipment purchase contract Part Two Intro of the structure of contract. Part One Risk examination of the oil equipment purchase contract.
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(1)Proper contracting parties
(2)Legal content and true manifestation of intention
(3)Protection of legal interest, legal and perfect contract form
(1) The principle of legality
Including the legality of contracting parties, content and form as below:
The contracting parties shall has capacity for civil rights and capacity for civil conduct;
The content of contract shall not violate the compulsory provisions of law and regulations;
The contracting form shall fill the requirement of law and regulations.
The manifestation of intention of contracting parties shall be true. The contract shall not be concluded by means of fraud, duress, exploitation of unfavorable position by one party, material misunderstanding or malicious collaboration.
easier and avoid disputes.
In case of lacking review of the client’s contract, there will be serious obstacle in performing the contract. The review of completeness of the main clause is the main content of reviewing and amending contract.
The imbalance of parties’ rights and obligation, or parties’ interests may cause legal riks.
In a bilateral contract, the obligations and rights of parties shall be balanced. Once lawyers find the rights and obligations are not balance, such as there are rights of only one party in the contract and only the other party bear the obligations, or the obligations of one party is obviously heavier that the other one, it is difficult to reach the agreement. Even though the parties reach that kind of agreement, it is controversial whether this agreement will come into force. Since the judgment will consider this kind of agreement is obviously unfair and will make proper adjustment once there are disputes arises.
SHANGHAI JINNENG LAW FIRM
YUE WEN HUI Chife Partner
Ganhe Rd.Shanghai . China
E-mail：ywhlawyer@ yahoo. com.cn
http：//www.jinnenglaw.com P C： 200437