What should I do if there are terms that need to be changed after the contract is signed?
(1) If the conditions that can be changed are specified in the contract, the contract can be changed when the conditions are met. As we know, the contents of a contract are all the results reached by the parties through consultation, which embodies the principle of autonomy of will. Then, we can also stipulate in the contract that the contract can be changed under any circumstances.
(2) The parties may also modify the contract through consultation. Since the conclusion of the contract embodies the principle of voluntariness, the parties can choose whether to conclude the contract and with whom according to their own wishes, then after the contract comes into effect, they can of course change the contract according to their own wishes after reaching an agreement with the other party.
(3) One party has the right to request the people's court or an arbitration institution to change or cancel the following contracts: (1) Contracts concluded due to gross misunderstanding; (2) The conclusion of the contract in obviously unfair. If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it.
2. What are the conditions for the change of the contract?
(1) The original contractual relationship is valid.
The change of the contract must be based on the valid contract, and there is no change problem for any invalid or invalid contract. Because the change of the contract changes the validity of the original contractual relationship, without the original contractual relationship, there is no object to change. The contract is invalid and there is no contractual relationship from the beginning; When the contract is dissolved, it loses its legal binding force from the beginning and has no contractual relationship; Right of ratification people refused to ratify the contract with undetermined validity, and the contractual relationship still did not exist. In this case, there is no room for changing the contract.
(2) The contract elements have changed.
In order to change an effective contract, the contract elements must be changed. In a broad sense, contract change not only refers to the change of contract subject, but also includes the change of contract content. The narrow sense of contract change does not include the change of contract subject, but only refers to the change of contract content. Therefore, the change of contract elements is an indispensable condition for contract change.
(three) the change of the contract must have a legal basis.
In the contract law, the legal basis of contract change mainly includes: agreement between the parties. It is the embodiment of the principle of freedom of contract that the parties agree to change the contract. Therefore, the agreement of the parties is an important legal fact that causes the change of contractual relationship. As mentioned above, it is a type of contract change for the parties to change the contract through consultation. China's Civil Code stipulates that "the parties may modify the contract through consultation".
(4) the way to meet the legal requirements.
If the law requires that the contract be changed in some way, the requirement shall be observed. If a contract is changed on the basis of the principle of changed circumstances, and the meaning of the contract is untrue, it must be decided by the court or arbitration. When the parties agree to change the contract, sometimes it needs to be in writing, and sometimes it doesn't. According to the Civil Code, if the laws and administrative regulations stipulate that the alteration of a contract shall go through the formalities of approval and registration, those provisions shall prevail.
Third, what is a contract change?
(A) changes in the concept of contract
The change of a contract means that after the contract is established, the parties modify or supplement the contents of the contract on the basis of the original contract. The contract is reached by both parties through negotiation of offer and acceptance. After the contract is established, the parties shall perform it according to the contract. Without the consent of the other party, neither party may change the contents of the contract. However, when concluding a contract, it is sometimes impossible for the parties to make clear provisions on all issues related to the contract; After the signing of the contract, some new situations will appear before or during the performance of the contract, and the rights and obligations of both parties need to be readjusted and stipulated. Therefore, both parties need to modify or supplement the contents of the contract. Since the contract is the product of the parties' consensus, the parties should also make changes to the contract on the principle of consensus. The parties may decide whether to reach an agreement on the change in accordance with the provisions on the formation of the contract, such as the offer and acceptance. If both parties reach an agreement on the change, the changed content will replace the original contract, and both parties shall perform the contract according to the changed content. One party changes the contents of the contract without the consent of the other party. The changed content is not only binding on the other party, but also a breach of contract, and the parties shall bear the liability for breach of contract.
(B) the characteristics of contract changes
1. A contract change can be either a change in the subject matter of the contract, such as purchasing Konka color TV instead of Changhong color TV, or an increase or decrease in the contract quantity. For example, it was originally planned to rent ten office buildings, but later it was changed to rent five. It may be that the venue of the performance was changed from Beijing to Shanghai, or it may be a change in the way of performance. For example, after the seller initially orders delivery, the buyer picks up the goods himself. It may be the advance or extension of the contract performance period, or it may be the renegotiation of the liability for breach of contract. The adjustment of the price or remuneration paid by the parties is the main reason for the change of the contract. In addition, changes in contract safeguards and dispute resolution methods will also lead to changes in the contract.
2. Contract modification requires the parties to reach an agreement through consultation, but in some cases, it is not enough for the parties to reach an agreement through consultation, and the parties should also perform legal procedures. For example, as stipulated in Article 7 of the Law on Chinese-foreign Joint Ventures, if the Chinese and foreign parties agree to make major changes to the contractual joint venture contract through consultation within the term of cooperation, they shall report to the examination and approval authority for approval; Where the change involves legal industrial and commercial registration items or tax registration items, it shall go through the registration formalities with the administrative department for industry and commerce and the tax authorities. Article 10 of the Law on Foreign-capital Enterprises stipulates that the division, merger or other important changes of a foreign-capital enterprise shall be reported to the examination and approval authority for approval, and the formalities for registration and change shall be handled with the administrative department for industry and commerce.
3. Where laws and administrative regulations stipulate that changes to contract items shall be subject to examination and approval and registration procedures, such provisions shall prevail. Therefore, if laws and administrative regulations have specific requirements for changing contract items, the parties concerned shall go through corresponding procedures in accordance with relevant regulations. If the legal procedures are not fulfilled, even if the parties have agreed to change the contract, the changed content will not have legal effect.
If the contract is changed, it usually needs the consensus of all parties. A contract can only be established on the basis of agreement in meaning. The above is the knowledge about how to change the contract. If you don't know anything or have other questions, you can consult a lawyer.