(A) Why home decoration must sign the contract
Article 2 of the "Contract Law" of China stipulates that a contract is an agreement between the natural persons, legal persons, and other economic organizations of equality to establish, change, and terminate civil rights and obligations. Home decoration is a civil activity that the two sides negotiate on the characteristics, materials, and prices of home decoration. The decoration contract signed by the parties involved in the decoration has the following meanings:
(1) To better regulate the civil activities of both parties
Since the decoration act is a civil legal act, it should be subject to the law, exercise its rights within the scope of the law, and fulfill its obligations.
(2) Helping to clarify the rights and obligations of both parties
Only by signing the contract can the rights and obligations of both parties be more clearly defined, and the two parties can be better able to consciously perform their respective responsibilities so as to ensure the smooth conduct of the decoration.
(3) Contributing to the settlement of disputes
Once there is a dispute over the decoration, if they do not sign a contract, they will not be able to reflect their respective rights and obligations, they will not be able to distinguish their responsibilities, and they will not be able to resolve the dispute in a timely and proper manner, which will result in unnecessary losses for both parties.
In addition, the Ministry of Construction's Article 24 of the “Administrative Measures for the Interior Decoration of Residential Houses†stipulates that the fitter and the decoration and decoration company should sign a written contract for residential interior decoration and decoration, clarifying the rights and obligations of both parties.
In view of the above reasons, in order to comply with relevant laws and regulations, this guarantees the smooth progress of the renovation activities and the home renovation must sign a renovation contract.
(II) What issues need to pay attention when signing a decoration contract?
The decoration contract is an agreement that clearly clarifies the respective rights and obligations of both parties in the act of home decoration. When signing a home decoration contract, the following issues should be noted:
(1) The validity of the contract
According to the provisions of Article 52 of the "Contract Law", if one of the following circumstances occurs, the contract is null and void; one party concludes the contract by means of fraudulent or intimidating measures that harm the national interest; malicious collusion leads to harming the interests of the state, collective or third party; Covering illegal purposes with legal forms; harming public interests; violation of mandatory provisions of laws and administrative regulations. Invalid contracts are not legally binding from the time they are entered into and are not protected by law.
At the same time, Article 54 of the "Contract Law" also stipulates that one of the following parties to the contract has the right to request the people's court or arbitration institution to change or cancel the contract: it was concluded because of a major misunderstanding; it was obviously unfair when the contract was concluded.
Both types of contracts are self-contained
Decoration contract entrance decoration restaurant decoration home decoration decoration house interior decoration
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