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补充合同签订后,原合同是否可以作废?Can the original contract be invalidated after the supplementary contract is signed?

  今天,中国正在建设一个法治国家。作为个人,也要顺应大势,学会用法律武器保护自己的合法权益,不断增强法律意识。了解生活中常见的法律现象,如补充合同的问题。

  一、补充合同签订后原合同可以作废吗

  1、只要不违反法律的禁止性和限制性规定,且充分尊重当事人双方的意思自治,协议内容合法有效的话,补充协议与主合同的效力是同等的。

  2、在补充协议与主合同发生冲突时,视为对主合同的变更或撤消,其效力优于主合同。即补充合同中与主合同相冲突的条款,补充协议的条款优先适用。

  3、双方需要在补充协议中明确补充原合同的效力范围,明确补充主合同是在原来的范围之内生效还是有所变动、如何变动等。

  4、补充协议是以主合同的成立和有效为前提的,如果欠缺主合同成立的必备条件和必要条款,或者主合同被确认无效或者被撤销,就没有签订补充协议的必要了。

  二、补充协议要满足的生效要件

  1、当事人订立合同,采取要约、承诺方式。

  2、承诺生效时合同成立。

  3、依法成立的合同,自成立时生效。法律、行政法规规定应当办理批准、登记等手续生效的,依照其规定。

  补充协议是对原合同未尽事宜,或者合同履行过程新发生的情况而另外进行的约定。与合同的变更协议不同,但实务中订立的以“补充协议”为名的协议,其实质内容却常是合同的补充并有变更。

     

  三、对于合同中的补充协议应当注意以下问题

  1、补充协议的当事人应当与原合同当事人严格一致。

  2、补充协议的形式应当与原合同一样完备。

  3、严格防止与原合同发生内容矛盾。

  以上就是为大家整理的关于补充合同签订后原合同是否可以作废的相关规定。因此,今后在签订合同时遇到类似问题时,应进行自我识别和区分,防止合同无效影响您权利的行使。学会用法律武器保护自己,这样才能更好地保证自己的合法权益不受侵害。


Today, China is building a rule of law country. As an individual, we must also adapt to the trend, learn to use legal weapons to protect our legitimate rights and interests, and continuously enhance our legal awareness. Understand common legal phenomena in daily life, such as the issue of supplementary contracts.


1、 Can the original contract be invalidated after the supplementary contract is signed


1. As long as it does not violate the prohibitive and restrictive provisions of the law, fully respects the autonomy of the parties, and the content of the agreement is legal and effective, the supplementary agreement and the main contract have the same effect.

2. When there is a conflict between the supplementary agreement and the main contract, it shall be deemed as a modification or revocation of the main contract, and its effectiveness shall prevail over the main contract. The clauses in the supplementary agreement that conflict with the main contract shall prevail.

3. Both parties need to clarify the scope of effectiveness of the original contract in the supplementary agreement, whether the supplementary main contract takes effect within the original scope, whether there are changes, and how to make changes.

4. A supplementary agreement is based on the establishment and validity of the main contract. If the necessary conditions and provisions for the establishment of the main contract are lacking, or if the main contract is confirmed to be invalid or revoked, there is no need to sign a supplementary agreement.


2、 The effective requirements that supplementary agreements must meet


1. The parties shall enter into a contract through offer or acceptance.

2. The contract is established when the commitment takes effect.

3. A contract established in accordance with the law shall take effect from the time of its establishment. If laws and administrative regulations require approval, registration, and other procedures to take effect, they shall be in accordance with their provisions.


A supplementary agreement is a separate agreement made regarding matters not covered by the original contract or new circumstances that arise during the performance of the contract. Unlike the amendment agreement of a contract, the substantive content of an agreement signed under the name of a "supplementary agreement" in practice is often a supplement to the contract with changes.


3、 For supplementary agreements in the contract, attention should be paid to the following issues

1. The parties to the supplementary agreement shall be strictly consistent with the parties to the original contract.

2. The form of the supplementary agreement should be as complete as the original contract.

3. Strictly prevent conflicts with the original contract.



The above is the relevant regulations on whether the original contract can be invalidated after the signing of the supplementary contract. Therefore, in the future, when encountering similar problems when signing contracts, you should identify and distinguish yourself to prevent the invalidity of the contract from affecting the exercise of your rights. Learn to use legal weapons to protect oneself, so as to better ensure that one's legitimate rights and interests are not infringed upon.