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Contract for assignment of computing power

Publish: 2021-04-21 02:15:51
1. The first paragraph of Article 80 of the contract law stipulates that the creditor shall notify the debtor of the assignment. Without notice, the transfer shall have no effect on the debtor. Article 84 provides that if the debtor transfers all or part of his contractual obligations to a third party, the consent of the creditor shall be obtained
these two legal provisions need special attention in contract transfer. As for the order of signature and ID card, there is no special requirement in laws and regulations. If the parties do not agree, the effect of transfer will not be affected.
2. The contract is valid without the witness of a third party and signed by both parties.
3. If it is a , the other party does not admit it, and there is no relevant evidence to support it, it can not become effective evidence in law.
4. If it is a private transfer contract,
the signature of both parties is valid,

if there is any doubt, handwriting verification can be done,
signature is also the expression of personal real intention,
sealing or pressing fingerprints is only an additional evidence,

if it is a unit to unit or a unit to indivial,
the unit side must seal,
the signer is only an agent,
just an agent Sign on behalf of the company temporarily, but the effective date must be sealed by the unit
5. On the issue of contract transfer, the fifth chapter of the contract law provides in detail. Article 79 stipulates that the contract shall not be transferred except according to the nature of the contract; It shall not be transferred according to the agreement of the parties; The creditor may transfer all or part of his rights under the contract to a third party, except that the contract shall not be transferred in accordance with the law. Article 84 provides that if the debtor transfers all or part of his contractual obligations to a third party, the consent of the creditor shall be obtained
if the parties to the contract such as the creditor, the debtor and the assignee sign the assignment contract on the premise of equality and voluntariness, and the contents of the contract do not violate the provisions of laws and regulations, and do not harm the public interests or the interests of others, the contract should be valid.
6. Notarization is only more effective than non notarization. Unless it is agreed that the notarization of the contract takes effect, otherwise the contract has legal effect without notarization.
7. I have been engaged in property management for many years. With my experience, I will provide you with some matters needing attention in house transfer for your reference< First, whether the transferor is qualified
if the lease contract signed by the landlord and the transferor stipulates that no transfer is allowed without the consent of the landlord, it is better for the landlord to sign a tripartite transfer agreement, and the transferor shall provide the contract signed with the landlord to Party B< Second, the property right of the house and the use of the house
whether the house has the property right certificate, and whether the house property certificate indicates the commercial use of the house, if not, the transferee should carefully consider, because the business license needs a of the house property certificate (non-commercial use of the house will not be handled)< Third, whether the house structure and location meet the fire control requirements, whether the business in this area meets the requirements of public security, environmental protection, health, culture and broadcasting departments, and whether the relevant certificates can be obtained< 4. How long is the lease term at the time of transfer< 5. The rent settlement, transfer fee, material value and payment method of the transferor must be negotiated by both parties, and the list of payable materials shall be specified in the transfer contract.
8. According to the contract law of the people's Republic of China, the contract can be changed if the parties reach a consensus through consultation. Where a law or administrative regulation stipulates that the modification of a contract shall go through such proceres as approval and registration, the provisions shall apply< Article 78 handling of unclear contents of a contract change< Article 79 Assignment of creditor's rights the creditor may assign all or part of his rights under the contract to a third party, except in any of the following circumstances: (1) according to the nature of the contract, no assignment is allowed 2 It shall not be transferred according to the agreement of the parties 3 It shall not be transferred in accordance with the law< Article 80 obligation to notify of assignment of creditor's rights. Without notice, the transfer shall have no effect on the debtor. The notice of assignment of the creditor's rights may not be revoked, except with the consent of the assignee< Article 81 transfer of subordinate rights where the creditor assigns the right, the assignee obtains the subordinate rights related to the creditor's right, except that the subordinate rights exclusively belong to the creditor himself< Article 82 the debtor's right of defense after receiving the notice of assignment of the creditor's right, the debtor's defense against the assignor may be claimed against the assignee< Article 83 the debtor's right of set off when the debtor receives the notice of assignment of the creditor's right, the debtor has the creditor's right against the assignor, and the creditor's right of the debtor is e before or at the same time as the assigned creditor's right, the debtor may claim set off from the assignee< Article 84 Where the obligee agrees to transfer all or part of the contractual obligations of the obligor to a third party, the consent of the obligee shall be obtained< Article 85 defenses of the undertaker if the debtor transfers the obligation, the new debtor may claim the defenses of the original debtor against the creditor< Article 86 transfer of subordinated debt if the debtor transfers the obligation, the new debtor shall bear the subordinated debt related to the principal debt, except that the subordinated debt belongs exclusively to the original debtor< Article 87 Where the transfer of rights or obligations is required to go through the proceres of approval and registration by laws or administrative regulations, such provisions shall apply< Article 88 general assignment a party may, with the consent of the other party, assign its rights and obligations under the contract to a third party< Article 89 summarizes the effect of transfer. If rights and obligations are transferred together, the provisions of Article 79, Articles 81 to 83 and articles 85 to 87 of this Law shall apply< Article 90 general assumption of new parties where the parties are merged after concluding a contract, the merged legal person or other organization shall exercise the contractual rights and perform the contractual obligations. If the parties are divided after the conclusion of a contract, the legal person or other organization that is divided shall enjoy joint and several creditor's rights and undertake joint and several debts with respect to the rights and obligations under the contract, unless otherwise agreed by the creditor and the debtor
therefore, when signing an assignment contract, all parties to the original contract and the transferee of the assignment contract should each hold at least one .
9. Not necessarily, as long as it does not involve the interests of a third party, both parties can sign.
10. The problems you are involved in should be clearly defined in your contract, including rights, obligations and transfer methods
write as you talk,
no why
if you don't understand, you can refer to the model contract of patent technology transfer of the State Patent Office,
the explanation is very clear
I wish you success! Get rich!
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