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The correct way to writing a contract

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writing a contract

Contract regulation has a very important impact on commercial and non-commercial activities. This is why the preparation of specialized contracts should always be done under the supervision of experts such as lawyers. The arrangement of contracts should be done according to the conditions of each person.

What is a contract?

According to Article 183 of the Civil Code, the contract is a multilateral obligation between two or more legal entities. It also serves as a binding document that is often signed in the presence of various witnesses. After confirming it, the parties undertake to implement all its details and materials accurately.”

If we want to examine a contract in a practical way, we must say that it is part of a transaction. At the end of the multilateral discussions, it is officially concluded on paper. Contracts are formalized using various methods and techniques.

After the contract is formalized, it will be prosecuted based on the details. If they do not comply with these things, they are obliged to pay a fine.

What are the benefits of writing a contract?

Setting up a contract has many advantages, which we will mention below. Drafting contracts is a highly specialized and technical matter that should be drafted by people such as judges, lawyers, and people who are familiar with legal concepts.

Managing the relations of the parties

Commitments and agreements are made using this feature. When a contract is drawn up based on technical and specialized principles, the amount of obligations of each of the parties should be determined and determined, the time, place and effects of non-fulfillment of obligations.

Avoiding the imposition of double costs

Closing the contract in the courts and judicial authorities prevent disputes and imposing additional costs. Usually, concluding a contract in a specialized form prevents disputes between them. It also greatly reduces the possibility of going to court, which reduces the imposition of costs.

Avoid wasting the time of the parties

When people make a contract between themselves, they are required to fulfill their obligations and agreements based on it, and they must do it in a timely manner. The result of this is that the occurrence of disputes is reduced and people have less need to refer to the courts and accept its consequences.

Maintaining respect among people

Signing a contract allows people to get to know their limits and authority and not to expect anything from each other outside the framework of the contract. As a result, special problems do not arise between them, and this makes the sanctity between friends and families not damaged in business and transactions.

Types of contracts

Contracts are arranged in different forms that oblige the parties to perform their duties.

1- Business and commercial contracts

– Purchase and sale agreement
– Agency, exclusive agency, sales agency, distribution agency and sales agency
– Exclusive importer
– Exclusive distributor
– Domestic and international transportation
– contract work
– Export and import and assignment and sale and transfer of company shares
– Mediation, brokering and marketing
– Assignment of points, bachelor’s degree
– Clearance of goods, buying and selling of goods, cars, land, property, stocks, and shops
– Installment sale, leasing, rent with the condition of possession
– Insurance, production and distribution, warranty, guarantee, guarantee, ISO, advertising and other types of contracts

2-Partnership contracts

– Contract of participation in construction and investment
– work partnership
– Business partnership and shop partnership
– Co-ownership
– Cooperation
– Consortium
– mutual investment
– Civil and commercial partnership etc

3- Real estate contracts

– Contract of purchase and sale and rent of apartments and buildings and real estate
– Affidavit, lease and contract
– Participation in construction
– Pre-sale and pre-purchase of apartments and buildings
– building construction
– Shop rent
– Goodwill transfer and peace
– Lease of endowment property and endowment land
– Property sales attorney
– Peace of interests and peace of life
– Property exchange
– real estate mortgage
– Endowment of property
– Division letter of building and apartment, farm and other types of contracts

4- Contracting agreements

– Contracts
– General and private terms of the agreement
– Reconstruction, renovation, construction
– Contract management and contract management
– Component, square meter and volume contracting
– Work stoppage, contract, EPC, etc

What are the conditions of validity of the contract?

There are certain conditions for the validity and effectiveness of contracts. The legislator deals with these conditions in Article 183 of the Civil Code. In Article 190 of the Civil Law, four conditions are mentioned, which they call as the conditions for the validity of the contract; But you should know that strictly speaking, the goal of the parties is to create the conditions of the contract. Nine is the condition of correctness and satisfaction of the parties of the contract.

It is a condition of penetration of a contract, not a condition of authenticity, and a contract without consent is not invalid, but rather unenforceable. The state of non-interference is one of the types of correctness, not its invalidity, that is, the conclusion of the contract is valid, and from this point of view, it is divided into two types, valid and non-enforceable. The competence of the parties to the contract is also considered as a condition of influence, for example, we can see this condition in the transaction with Safia.

writing a contract

Legal science, in order for a contract to be performed correctly, conditions must be met based on the laws of the legislator. In Iran, these conditions are referred to as the main conditions for the correctness of transactions.

1- Agreement (intention and satisfaction)

In order to draw up a contract, the parties must be satisfied and express their intention and satisfaction.

2- Eligibility

In order for the negotiators or parties to the contract to be considered competent, they must be wise, mature and mature. Eligibility means the qualification that a person needs to have and exercise the right.

3- The subject of the transaction

In fact, it refers to the legal operation due to which a compromise has been made.

4- Legitimacy for the transaction

There are reasons for making a deal that motivates each party to make a deal.

What is the correct way to writing a contract and what should be considered?

In order to comply with how to set up the contract in the correct way, it is necessary to pay attention to the points and things. To write the contract in the right way, you must first choose a suitable title for your contract. The parties to the contract must be clearly identified, i.e. in what capacity and in what capacity are each of the parties present in this contract.

If one of the parties is represented by someone, he should mention this issue. The subject of the contract, which includes property or an act that the parties to the contract undertake to perform that act or arrange the property in question.

Another thing that is very important in writing the correct contract is the duration of the contract. In some contracts, it can be seen that the start date of the contract is the same date that it was signed; But there are contracts whose starting date is a few months after the contract is signed. One of the most important parts that should be mentioned in every contract is its amount.

The amount and method of payment actually shows the value of the service or product for which the contract has been made. The terms of the contract, which includes three parts: adjective, verb, and result, are among other important matters. In order to have a correct contract, the obligations of the parties, modification of the contract, termination of the contract, resolving disputes, the number of pages, copies and materials of the contract, appendices and appendices must be mentioned.

Free legal advice from a lawyer to properly draft the contract

To learn how to draw up a correct contract, it is necessary to consult with people who have experience in the legal field. Maybe people can’t refer to a lawyer when writing a contract due to their busy schedules. On the other hand, some people believe that going to a lawyer is an additional cost.

As you know, with the advancements made in the field of communication, people can benefit from the services of free legal advice by a lawyer. Dadista Law Firm has made it possible for people to consult with expert and professional lawyers in the field of contracting completely online.

writing a contract

You can contact this company before signing the contract and get the necessary advice about your contract and the correct way to write it, as well as add terms, limits and legal powers. People may have problems after signing a contract with their counterparty. In this situation, you can hire a lawyer to adjust the contract and increase your chances of success in getting your rights.

The point that is here and that Dadista group emphasizes is the correct way of setting up the contract. When the contracts are set up in a completely legal and correct manner, problems can be solved easily. So don’t forget the consultation before signing the contract. People who are aware of these matters will best guide you to close the best deals.

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FAQ
What is a contract?
According to Article 183 of the Civil Code, the contract is a multilateral obligation between two or more legal entities. A contract is a binding document that is often signed in the presence of various witnesses. After its approval, the parties undertake to implement all its details and materials accurately.
What are the benefits of setting up a contract?
Managing the relations of the parties, preventing the imposition of double costs, preventing the wastage of the parties' time, and maintaining the dignity between people are among the benefits of setting up a contract.
What are the conditions of validity of the contract?
The consent of the parties, the competence, the subject of the transaction and the legitimacy of the transaction are the 4 main pillars of the validity of the contract.

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