Of the fifteen kinds of famous contracts, there are four kinds of practical contracts:
Contract of custody.
A custodial contract is a contract in which the custodian takes custody of the thing delivered by the depositor for safekeeping and returns it. The custody contract is generally a practical contract, unless the parties have specifically agreed otherwise.
Deposit contract.
Deposit contract is the parties to the contract in the conclusion of the main contract, in order to ensure the fulfillment of the main contract, signed from the contract agreed that one party pays in advance to the other party a certain amount of money, after the debtor fulfills the debt, the deposit should be recovered or against the price of a security contract.
Borrowing contract.
Borrowing contract, also known as the "use of lending contract", is the lender regularly or irregularly lent to the borrower free of charge to the borrower to use, the borrower in a certain period of time or the use of the original after the completion of the return to the lender's contract. The significant features of the loan contract is gratuitous, mutual assistance, return.
Borrowing contract between natural persons.
The contract of loan between natural persons is a contract in which both the borrower and the lender are natural persons.
Expanded Information:
I. Fifteen Named Contracts
Contracts of Sale.
Sale contract is the seller to transfer ownership of the subject matter to the buyer, the buyer to pay the price of the contract. The transfer of ownership of the subject matter is the most basic legal characteristics of the contract of sale.
The contract of sale is a famous contract, generally for the contract of promise, non-essential contract. The parties in the contract of sale are the seller and the buyer. The seller, the buyer's rights and obligations are relative to each other, so the contract of sale is a double contract.
Gift contract.
The gift contract is a contract in which the giver gives his property to the donee without compensation and the donee expresses his acceptance of the gift. A gift contract is a unilateral, gratuitous, and promissory contract.
Contract of loan.
A contract of loan is a contract in which the borrower borrows money from the lender and returns the money at maturity with interest. The loan contract for loans to financial institutions is of a promissory nature; the loan contract between natural persons is of a practical nature and takes effect from the time the lender provides the loan.
The loan contract shall be in writing, except between natural persons borrowing another agreement.
Lease contracts.
The lease contract is a contract in which the lessor delivers the leased property to the lessee for use and benefit and the lessee pays the rent.
The lease contract is a contract of promise. The maximum term of the lease contract shall not exceed 20 years. More than 20 years, the excess is invalid. The lease can be renewed at the end of the contract, but the renewal of the lease may not exceed 20 years.
Lease period of six months or more, the contract shall be in writing; not in writing, as an indefinite contract.
Contracts for contracting.
The contract of contracting is a contract in which the contractor completes the work at the request of the contractor, delivers the work product and the contractor pays the remuneration.
Contract of carriage.
The contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to an agreed place, and the passengers, shipper or consignee pays for the tickets or transportation charges.
The contract of carriage is divided into passenger and, freight contract and multimodal transportation contract. Contracts of carriage are generally form terms contract.
Technology contracts.
Technology contract is the parties on technology development, transfer, consulting or service contract to establish the rights and obligations between each other. Including technology development contract, technology transfer contract, technology consulting contract and technology service contract four kinds.
Custody contract.
Custody contract is the custodian of the custodial objects delivered by the depositor, and return the object of the contract. Custody contract is generally a practical contract, unless the parties have specifically agreed otherwise.
Warehousing contract.
Warehousing contract is the custodian to store the depositor's delivery of warehousing goods, the depositor to pay the cost of storage contract. A warehousing contract is a contract of promise.
Commissioning contract.
Trust contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the principal.
Executive Contract.
The brokerage contract is a contract in which the broker engages in trade activities for the principal in his own name and the principal pays the remuneration.
Contract of intermediation.
The intermediation contract is a contract in which the intermediary reports to the principal the opportunity to enter into a contract or provides the services of a medium for entering into a contract, and the principal pays the remuneration.
Financial Lease Contract.
Financial lease contract is the lessor according to the lessee's choice of seller and leased goods, purchase the leased goods from the seller, supply to the lessee, the lessee pays the rent contract.
Financial leasing is in the form of financing, and financing is the content. Typical financial lease relationship involves three parties, namely, lessor, lessee, seller, including financial lease contract and sale contract two contracts. Leasing relationship to the existence of the sale relationship as a prerequisite, the sale relationship is the realization of the leasing relationship to ensure.
Construction contract.
Construction engineering contract is a special form of contract for contracting, it refers to the contractor to carry out engineering construction, the contractor to pay the price of the contract. Construction engineering contract includes survey contract, design contract, construction contract.
Electricity supply and use, water, gas, heat contract.
The electricity supply and use contract is a contract in which the electricity supplier supplies electricity to the electricity user and the user pays the electricity bill. The electricity supply and use contract is usually a form contract, which is a continuous contract, and the nature of its subject matter determines that the contract generally does not have the problem of return, refund, or restitution.
Two, how to distinguish between the contract and the practice of contract
Practice contract, also known as the contract of goods, is that in addition to the parties to the two sides of the meaning of the agreement, but also the delivery of the subject matter or the completion of the other reality of the delivery of the contract to take effect.
No contract, also known as the contract, refers to the parties only to the agreement of the parties for the establishment of the contract.
No contract and practice contract distinction:
First, the establishment of the different elements.
Second, the determination of the obligations of the parties are different.
References:
Baidu Encyclopedia: Famous Contracts
Baidu Encyclopedia: Promissory Contracts
Baidu Encyclopedia: Practical Contracts
Baidu Encyclopedia: Contract Law of the People's Republic of China (P.R.C.)
Chinese NPC.com：《中华人民****和国合同法》