7, modificatory contract provision ought to both sides talks things over consistent, reach written agreement and appropriate is custodial
The author discovers in the job, a few enterprises are very optional to changing contract provision, inform with phone, fax the other side finishs sth sometimes, no matter whether the other side agrees. Generally speaking, the one party of dominant position is held in economic society, appear more easily this kind of circumstance. They can think company of the other side is to have beg at oneself, be " the mouth builds what have a meal on my boiler edge " , I say whats you must listen to. Anyway the thing that I had changed the contract tells you, must fulfill according to what I say, be no good also must go! Contract of this kind of optional variation is sure to face legal risk, the contract provision that is change not become effective, according to " contract law of People's Republic of China " the 77th regulation, negotiate consistent circumstance to fall in party both sides only, just can change a contract. Law, administrative regulations stipulates modificatory contract ought to deal with the approval, formalities that register, deal with corresponding formalities even. Accordingly, in one's own wishful thinking, one-sided changes the circumstance of the contract to fall, modificatory clause not inevitable go into effect; 2 it is to may cause a contract to cannot be fulfilled, this kind of behaviour that changes a provision at will is cost with the contract interest of derogation the other side extremely likely, and the derogation on this kind of interest, bring about the other side very likely to be in sign a contract the contract purpose of place set cannot come true at that time, cause contract of repudiate of the other side thereby. Say so, talk things over without both sides consistent, one-sided changes contract provision at will, cause very likely " internecine " result.
In the meantime, the evidence that negotiates provision of consistent change contract to both sides (the contract after be being changed namely) must appropriate is saved. Otherwise once the other side " act shamelessly " , because of cannot providing the evidence that sufficient and active contract has changed rational is contended for hard, cause a loss.
(to be continued)
