Traditional Culture Encyclopedia - Photography major - The contract signed by both parties is not clear about the price agreement, so it is impossible to reach a supplementary agreement, nor can it be determined according to the relevant terms of the cont
The contract signed by both parties is not clear about the price agreement, so it is impossible to reach a supplementary agreement, nor can it be determined according to the relevant terms of the cont
Legal basis: Article 5 10 of the Civil Code. After the contract comes into effect, the parties have no agreement or unclear agreement on quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
Article 511th of the General Principles of the Civil Law, if the contents of the relevant contract are not clearly agreed by the parties and cannot be determined according to the provisions of the preceding article, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with the mandatory national standards; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions.
(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor's reasons shall be borne by the creditor.
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