According to Article 3 of People's Republic of China (PRC) Contract Law, the parties to a contract have equal legal status, and one party may not impose its will on the other.
Article 4 stipulates that the parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere.
Article 5 stipulates that the parties shall follow the principle of fairness to determine the rights and obligations of each party.
Article 6 stipulates that the parties shall follow the principle of good faith in exercising their rights and performing their obligations.
Article 7 stipulates that when concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social and economic order or harm social public interests.
Article 8 stipulates that a legally established contract is legally binding on both parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law.
According to Article 4 of the Partnership Enterprise Law of People's Republic of China (PRC), the partnership agreement shall be concluded in writing by all partners through consultation.
Article 5 stipulates that the principles of voluntariness, equality, fairness, honesty and credibility shall be followed in concluding a partnership agreement and establishing a partnership enterprise.
Article 19 stipulates that the partnership agreement shall come into effect after being signed and sealed by all partners. Partners shall enjoy rights and perform obligations in accordance with the partnership agreement.
Modifying or supplementing the partnership agreement shall be unanimously agreed by all partners; However, unless otherwise agreed in the partnership agreement.
Matters not stipulated or clearly stipulated in the partnership agreement shall be decided by the partners through consultation; If negotiation fails, it shall be handled in accordance with the provisions of this Law and other relevant laws and administrative regulations.
Extended data:
Taboos of partnership enterprises
1, buddy partnership, enemy disbanded. China's most common enterprise gathering and dispersion mode-at the beginning of the company's establishment, the partners handled the relationship with affection and loyalty, and the system and equity were either uncertain or vague. After the enterprise becomes bigger, the system becomes more and more important, and the interests begin to attract attention. Therefore, "ranking seats, dividing gold and silver, discussing honor and disgrace", enterprises are either nervous about internal friction or Liangshan heroes are scattered.
2. Blind worship of social relations. Relationship promotes productivity, so the establishment and application of social relations is an essential ability for businessmen; However, relationship is not equal to productivity. If we regard social relations as a panacea to solve all problems in the development of enterprises, and forget the truth that "it is necessary to strike while the iron is hot", then enterprises will put the cart before the horse and disaster will come sooner or later.
3. Superstition in Airborne Soldiers. It is said that "foreign monks can recite scriptures." The correct approach should be: don't use "airborne troops", don't use "airborne troops" indiscriminately, and don't use "airborne troops" completely. In this regard, China enterprises have learned too many lessons, but there will always be people who can't help doing something wrong: giving up the talents around them and being superstitious about the distant masters.
4. The nepotization of enterprise pillars. Chinese-style organizations rely on people to control people, not on systems. Originated from the tradition of peasants conquering the country, it is rampant in the contemporary commercial society where the crisis of trust intensifies, which is the main bottleneck for enterprises with emotion as the link in China to move towards standardized governance.
5. Face is greater than truth. The face is: I have decided this way, and people all over the world know it; The truth is: this direction is tortuous, and it is likely that this road will not work. The face-saving boss said: just do it, and whoever doesn't implement it will be dismissed and play to the end.
6. Business superstition. Compass divination, fear, feng shui, talent; Incense fills the air into the temple, worships, and seeks good luck and wealth. Business is ruthless, sex, who will bless?
7. Know people without knowing it. Look at people's minds and brains, but also at yourself. I have never seen clearly the key factors that led me into this industry, a history of success, and my mind is full of confused accounts. Therefore, there has never been a clear strategic plan: what to adhere to and what to improve; How to innovate and how to persist.
8. Lack of habitual credit. Words don't count, contracts don't count, and promises don't count, which is almost the most common sight of merchant tribes in China. Internally, rules and plans are constantly changing. Change today, change tomorrow, change the day after tomorrow, at a loss. Externally, the contract promises a piece of waste paper, which will be smeared, discounted or even torn up as appropriate, and the partner will never return.
9. Bandit cultural mentality. Private enterprise bosses, such as the king of the cottage, were born at the end of Qingping, grew up in the wild of rivers and lakes, and took the bandit cultural route: the gate of Guanshanzhai, Laozi was the best in the world; Rush out of the cottage to grab money, hit the wall and turn a corner, and drill when you see cracks. The picture shows a happy life without mission spirit; There are neither long-term economic goals nor mature cultural concepts.
10, class struggle enterprise. Balance can be achieved within the enterprise, but struggle is not allowed. The Cultural Revolution tells us that the ultimate loss is the efficiency and cohesion of enterprises.
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law
Baidu Encyclopedia-People's Republic of China (PRC) Partnership Law