The characteristic of English contract (1)
From;    Author:Stand originally

Of Contract and Agreement have without distinction
In English, the contract calls Contract commonly, the agreement calls Agreement commonly.

What is meant by " Contract " ?

1999 China " contract law " to Contract the 2nd times the definition is: A Contact In T His Law Refers To An Agreement Establishing, modifying And Terminating The Civil Rights And Obligations Between Subjects Of Equal Footing, that Is, between Natural Persons, legal Persons Or Other Organizations. According to this one definition, the contract establishs the agreement that decides civil rights and obligation really between equal principal part.

Steven H. Gifts compiles " Law Dictionary " definition of lieutenant general Contract is " Contract Is A Promise, or A Set Of Promises, for Breach Of Which The Law Gives Remedy, or The Performance Of The Which The Law In Some Way Recognize As A Duty. " define according to this, the contract is a kind of acceptance, disobey acceptance to be able to get legal deliverance, the law on some kind of meaning will fulfill this acceptance to regard as a kind of compensation.

L.B Curzon makes up written dictionary in its " A Dictionary Of Law " the definition that gives Contract: "Contract Is A Legally Binding Agreement " define according to this, the contract has the agreement of legal sanction namely.

Rise integratedly, have same point, namely " Contract Is An Agreement " , can saying the thing together is " An Agreement Which Binds The Parties Concerned " perhaps saying is " An Agreement Which Is Enforceable By Law " , also can say: Contracts Are Promises That The Law Will Enforce.

What is meant by " Agreement " ?

L.B " A Consensus Of Mind, or Evidence Of Such Consensus, in Spoke Or Written Form, relating To Anything Done Or To Be Done. " define according to this, the agreement is the relevant matters concerned to had been done or preparing to do, course negotiation, unanimous opinion is obtained after talking things over, the agreement that makes with oral or written form.

Black " Law Dictionary " have two definitions. One is: "A Concord Of Understanding And Intention Between Two Or More Parties With Respect To The Effect Upon Their Relative Rights And Duties, of Certain Past Or Future Facts Or Performance " define according to this, agreement namely bilateral or various the fulfill and reachs consistent understanding with the relevant right of certain past or certain in the future fact, obligation or relevant right, compulsory Beijing and desire.

Another is: The Consent Of Two Or More Persons Concurring Respecting The Transmission Of Some Property, right Or Benefits, with The View Of Contacting An Obligation, a Mutual Obligation. According to this one definition, agreement namely two or many party, for responsibility of conventional home remedy or mutual responsibility, what obtain with respect to the move of property right, interest is consistent agree.
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