When does the technology transfer contract take effect
A contract established in accordance with the law shall take effect from the time of establishment. Among them, the establishment of a contract refers to the negotiation and agreement between the two parties on the content and terms of the contract in accordance with relevant laws. The basis for judging the establishment of a contract is whether the promise is effective. The effectiveness of a contract means that the contract has legal effect and is legally binding. Usually when a contract is established in accordance with the law, it is the date when the contract takes effect.
Is the formation of a contract the same as its coming into force
The establishment and effectiveness of a contract are two different legal concepts. The establishment of a contract is the result of the unanimous expression of intention of both parties, that is, the two parties have reached an agreement on the main terms of the contract.
The effectiveness of a contract means that the established contract is between the parties. Further legal binding force is generated during the contract period, which is to examine whether the contract conforms to the will of the country on the premise of establishment of the contract, thereby giving a positive or negative evaluation value.
It can be seen that the establishment of a contract reflects the will of the parties to the contract, which is a matter of factual judgment, while the effectiveness of the contract reflects the will of the state, which is a matter of legal value judgment. For a long time, our country has been confusing the establishment and effectiveness of a contract not only in legislation but also in civil law theory and judicial practice. For a long time, my country's contract law theory circles have focused more on the study of contract effectiveness. While neglecting the research on the establishment of a contract, some civil law works confuse the establishment and effectiveness of a contract, and many treatises simply equate the requirements for the effectiveness of a contract with the requirements for the establishment of a contract. In connection with this, in the judicial practice of contracts, there are many cases in which contracts are declared invalid, but there are very few cases in which contracts are judged not to be established.
If you want to bring the technology transfer contract you are facing You can conduct professional analysis with a lawyer on the validity issues. You can use the lawyer online consultation service provided by this website to analyze the problem in detail and solve it.
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