4 thoughts on “What are the fundamental differences between the associates and lease contracts signed in the same mall?”
Joe
The associate contract is a joint operation agreement between enterprises or between enterprises or public institutions, and to achieve a certain economic purpose. The fundamental difference is whether there are agreements to jointly invest in in order to achieve common economic purposes and jointly engage in certain economic activities. In addition to the characteristics of general contracts, the joint contract also has its own characteristics: (1) The main body of the joint associated contract is the legal person, and it must be corporate legal person and business legal person. The legal person and social group legal person cannot be the main body of the joint venture contract. Individual citizen cannot be the parties to the joint venture. (2) The joint venture contract mainly reflects the rights and obligations of all parties of the associative. (3) The joint association contract is suitable for a partnership joint venture and contract -type association. (4) At least two parties in the joint -conjunction contract. The main power of the parties to the associates is to obtain the profitability of the joint venture in accordance with the contract; in accordance with the contract, the assistance and support of other parties will be obtained. The main obligations of the parties to the joint venture are to provide joint venture funds or fees in accordance with the contract agreement, and cooperate in accordance with the contract; support other parties to engage in activities related to the associates. (5) The target of the joint venture contract is associates, not objects or intellectual results. Extension information: Basic requirements of the joint -associated contract The first signing of the joint -associated contract must also be implemented as the signing of other economic contracts. No party may be imposed to each other, and the superior in charge of all parties may not intervene illegally. . The second, because the joint venture contract involves people, wealth, things, production, supply, and sales of various aspects. The problems are more complicated. All parties of the joint venture should conduct a serious feasibility study and analysis before signing the contract. Prevent draft signing. It, there are many types of joint -associated contracts. Each contract has its own characteristics. The parties should sign the contract in accordance with the characteristics of the joint venture contract. For legal person -type joint -type contracts and partnership -type joint -type contracts, special attention should be paid to: First, to deal with the relationship between the contract and the articles of association. These two contracts are often coexisting in contracts and articles of association, and the constitution and contracts should have their own focus and consistent; the second is to deal with the relationship between good intentions and formal contracts. When the parties are conducting the joint venture, they mostly sign a letter of intent, and then sign the formal contract according to the letter of intent. The letter of intent of intention is not legally binding. Fourth, in practice, some local governments require joint venture contracts to be notarized or verified. This is beneficial to the signing of the good contract. The parties shall handle it in accordance with the requirements of the local government. If the local government does not stipulate, if the parties of the parties think it is necessary, the contract can also be notarized or verified. Reference information Source: Baidu Encyclopedia-Association Contract
The most essential difference is that in principle, the associates need to share risks. If there is no profit, there is no problem with the other party that needs to pay fixed profits to the other party, and there is no situation of sharing risk. Regardless of profit and loss, rental rent is required.
The associates allocate profits and losses in accordance with the joint venture agreement. You earn a lot and a lot of shopping malls. Of course, if you lose money, the mall must also bear it; whether you earn or pay for it, you will pay the rent to the mall at a fixed amount.
The associate contract usually refers to the agreement between two or more economic organizations in order to achieve common economic purposes and agreed to jointly invest and jointly engage in certain economic activities. The association is divided into legal person -type joint venture, partnership joint venture, and contract -type associations. The Civil Law Tongsong made corresponding provisions. The legal person: Article 51 stipulates that "the joint venture between enterprises or enterprises and institutions to form a new economic entity, and independently assume civil liability. If the legal person is approved by the competent authority, the legal person qualification is obtained. "All parties of the joint venture set up a new legal person to conduct joint venture. If partnership: Article 52 stipulates that "the joint venture between enterprises or enterprises, public institutions, and do not have the legal person conditions, shall be shared by the joint venture in accordance with the proportion or agreement of the contribution or agreement, and shall be owned by each other or all of them may or The property of the management and management shall bear civil liability. If the liability is assumed in accordance with the law or the agreement of the agreement, it shall bear the joint responsibility. "All parties of the joint venture do not set up a new legal person and operate a entity based on the contract. If collaboration type: Article 53 stipulates that "the associates between enterprises or corporate institutions, and they operate independently in accordance with the contract of the contract, their rights and obligations shall be agreed by the contract and respectively bear civil liability." According to the contract of the contract. " Each of its independent operations, its rights and obligations are agreed by the contract, and each bear civil liability. The lease contract pointed out the contract for the leaser to the leaser to the lessee to use and earn, and the lessee pays the rent. Among the parties, the party provided or income right is the lessor; the party who has the right to use or return to the leased property is the lessee. In the lease contract, the purpose of the lessee is to obtain the revenue of the use income right of the leased property, and the lessor only transfers the revenue right of the use of the leased property to obtain the rent.
The associate contract is a joint operation agreement between enterprises or between enterprises or public institutions, and to achieve a certain economic purpose.
The fundamental difference is whether there are agreements to jointly invest in in order to achieve common economic purposes and jointly engage in certain economic activities.
In addition to the characteristics of general contracts, the joint contract also has its own characteristics:
(1) The main body of the joint associated contract is the legal person, and it must be corporate legal person and business legal person. The legal person and social group legal person cannot be the main body of the joint venture contract. Individual citizen cannot be the parties to the joint venture.
(2) The joint venture contract mainly reflects the rights and obligations of all parties of the associative.
(3) The joint association contract is suitable for a partnership joint venture and contract -type association.
(4) At least two parties in the joint -conjunction contract. The main power of the parties to the associates is to obtain the profitability of the joint venture in accordance with the contract; in accordance with the contract, the assistance and support of other parties will be obtained. The main obligations of the parties to the joint venture are to provide joint venture funds or fees in accordance with the contract agreement, and cooperate in accordance with the contract; support other parties to engage in activities related to the associates.
(5) The target of the joint venture contract is associates, not objects or intellectual results.
Extension information:
Basic requirements of the joint -associated contract
The first signing of the joint -associated contract must also be implemented as the signing of other economic contracts. No party may be imposed to each other, and the superior in charge of all parties may not intervene illegally.
. The second, because the joint venture contract involves people, wealth, things, production, supply, and sales of various aspects. The problems are more complicated. All parties of the joint venture should conduct a serious feasibility study and analysis before signing the contract. Prevent draft signing.
It, there are many types of joint -associated contracts. Each contract has its own characteristics. The parties should sign the contract in accordance with the characteristics of the joint venture contract.
For legal person -type joint -type contracts and partnership -type joint -type contracts, special attention should be paid to: First, to deal with the relationship between the contract and the articles of association. These two contracts are often coexisting in contracts and articles of association, and the constitution and contracts should have their own focus and consistent; the second is to deal with the relationship between good intentions and formal contracts. When the parties are conducting the joint venture, they mostly sign a letter of intent, and then sign the formal contract according to the letter of intent. The letter of intent of intention is not legally binding.
Fourth, in practice, some local governments require joint venture contracts to be notarized or verified. This is beneficial to the signing of the good contract. The parties shall handle it in accordance with the requirements of the local government. If the local government does not stipulate, if the parties of the parties think it is necessary, the contract can also be notarized or verified.
Reference information Source: Baidu Encyclopedia-Association Contract
The most essential difference is that in principle, the associates need to share risks. If there is no profit, there is no problem with the other party that needs to pay fixed profits to the other party, and there is no situation of sharing risk. Regardless of profit and loss, rental rent is required.
The associates allocate profits and losses in accordance with the joint venture agreement. You earn a lot and a lot of shopping malls. Of course, if you lose money, the mall must also bear it; whether you earn or pay for it, you will pay the rent to the mall at a fixed amount.
The associate contract usually refers to the agreement between two or more economic organizations in order to achieve common economic purposes and agreed to jointly invest and jointly engage in certain economic activities. The association is divided into legal person -type joint venture, partnership joint venture, and contract -type associations. The Civil Law Tongsong made corresponding provisions.
The legal person: Article 51 stipulates that "the joint venture between enterprises or enterprises and institutions to form a new economic entity, and independently assume civil liability. If the legal person is approved by the competent authority, the legal person qualification is obtained. "All parties of the joint venture set up a new legal person to conduct joint venture.
If partnership: Article 52 stipulates that "the joint venture between enterprises or enterprises, public institutions, and do not have the legal person conditions, shall be shared by the joint venture in accordance with the proportion or agreement of the contribution or agreement, and shall be owned by each other or all of them may or The property of the management and management shall bear civil liability. If the liability is assumed in accordance with the law or the agreement of the agreement, it shall bear the joint responsibility. "All parties of the joint venture do not set up a new legal person and operate a entity based on the contract.
If collaboration type: Article 53 stipulates that "the associates between enterprises or corporate institutions, and they operate independently in accordance with the contract of the contract, their rights and obligations shall be agreed by the contract and respectively bear civil liability." According to the contract of the contract. " Each of its independent operations, its rights and obligations are agreed by the contract, and each bear civil liability.
The lease contract pointed out the contract for the leaser to the leaser to the lessee to use and earn, and the lessee pays the rent. Among the parties, the party provided or income right is the lessor; the party who has the right to use or return to the leased property is the lessee. In the lease contract, the purpose of the lessee is to obtain the revenue of the use income right of the leased property, and the lessor only transfers the revenue right of the use of the leased property to obtain the rent.