Test points for tour guide examination policies and regulations: the concept and characteristics of contracts

Test points for tour guide examination policies and regulations: The concept and characteristics of contract

Chapter 1 Contract Law

The concept and characteristics of contract

Concept: A contract refers to an agreement to establish, change, or terminate a civil relationship between natural persons, legal persons, and other organizations who are equal subjects.

Characteristics: 1. Contract is a civil legal act

The government’s administrative management relationship with the economy (such as national budget, GDP growth rate, military orders for government work, approval of travel agencies, etc. Matter analysis), management relationships within the enterprise (such as department contracting issues; enterprise-employee relationship issues (enterprise department target responsibility letter, Tsinghua University school and graduate student agreement signing, relationship between travel agencies and tour guides, etc. case analysis)), etc. Adjustments to the Contract Law.

2. The civil rights and obligations of a contract are represented by a creditor-debt relationship, not a personal relationship.

Therefore, civil agreements such as marriage, adoption, and guardianship are not subject to adjustment by the Contract Law. (The principle that "special law" is superior to "common law")

3. The contract is the result of the consensus of two or more parties.

Contracts adjusted by the contract law include listed contracts ( 15 types) and unlisted contracts (such as travel contracts).