China is a civil law jurisdiction. Its contract law is totally different from contract law of common law legal system. Thus it is important to find a China contract lawyer to review and draft contract for you. Although you have to pay some money, but a well tailored contract can well protect your interest and even avoid big loss, especially for foreign nationals and foreign companies who are not familar with China contract law.
Front-End Considerations in Business Contracts
The goal is drafting a contract that anticipates likely scenarios and avoids ambiguity or loopholes that will lead to disputes or leave you "on the hook." Should you enter a long-term contract? Does the fine print favor you or the other party? How will disputes be resolved?
Negotiating a contract is a very important step before enter into an agreement. By negotiating contract terms, the parties to the contract bargain for their own best interests. While negotiating contracts, be aware of the following:
• Make certain you are comfortable with your duties and obligations
• Make your intentions, requirements and expectations of the other party clear at the beginning of negotiations
• Negotiate for a remedy within the contract if there is a breach by either party
Contracts with the language and terms already set. A common example of when form contracts are used is in landlord/tenant agreements. Parties usually do not negotiate when using form contracts. Thus, be certain to carefully review the terms of the contract so you are aware of your responsibilities.
Many parties use form contracts as a model when drafting their own contracts. When drafting the contract, it is important that each party knows exactly what is expected of them. Thus, if there are any words that could be misconstrued, or any terms that are ambiguous, define them within the contract. When drafting a contract, clarifying the terms and duties should be the goal.
Legalese in Contract
Many parties use legal words and language (legalese) when drafting contracts. This may, however, make the obligations and terms of the contract confusing. Thus, use regular language to insure that both parties understand what the contract says and means.
Review of Contracts
Before signing a contract, read it. In reviewing the contract, make certain you know what your stated obligations are under the contract. If you are uncertain as to your duties, and you sign the contract, you may be liable for breaching the contract.
Have a legal professional review the contract terms to insure that your needs will be met and that you will not obligate yourself unexpectedly.
We assist client in drafting and negotiating numerous types of agreements including the following:
• Employment contracts
• Sales contracts
• Distribution Agreements
• Vendor Agreements
• Real Estate Contracts
• Intellectual Property Agreements
• Termination Agreements
• Business Sale Agreements
• Non-Compete Agreements and Restrictive Covenant Agreements
• Confidentiality Agreements
• Independent Contractor Agreements
• Business Contracts
• Intellectual property licensing agreements
• End-user license agreements
• Shareholder agreements
• Partnership agreements
• Operating agreements
• Employment contracts
• Non-compete and invention disclosure agreements
• Commercial leases
• Software or support Service level agreements (SLAs)
• Vendor/supplier contracts
• Equipment leases
• Entertainment contracts
Our China contract law attorneys can also represent individuals in personal contractual matters. There may be a situation that arises where a lawyer can assist by drafting, reviewing, and providing contract advice or edits to protect your interests.
• Review of employment or severance agreements
• Pre- and post- nuptial agreements
• Cohabitation agreements
• Real estate and sales contracts
• Contracts between land owners regarding use of property
• Sale or purchases of a valuable property
Should I Consult a Guangzhou Contract Attorney when Drafting and Reviewing Contracts?
Contract negotiations, especially in the context of important financial contracts, can be tolling and difficult. An attorney can assist you with negotiations so your needs and requirements will be met. Additionally, a lawyer can help you with drafting and reviewing contracts, and explain to you your duties under the contract. An attorney will look out for your best interests throughout the entire contract process. Contract our Guangzhou contract lawyer to find good solution to your legal needs in China.