-
There are restrictions on the legal recognition of contracts signed by parents on behalf of their parents:
There must be a power of attorney written by the person concerned. If there is no express authorization to sign on behalf of another person, the contract is null and void.
Contracts that cannot be signed by others are mainly contracts that can only be entered into by the person being personally in accordance with the law. For example, if an adoption contract, a bequest and maintenance agreement or other contract involves a personal nature, such a contract must be handled by the parties themselves and cannot be signed by others.
According to Article 66 of the General Principles of the Civil Law, if there is no ** right, exceeds ** right or ** right is terminated, only after the recognition of the person being **, the person being ** will bear civil liability. For conduct that has not been recognized, the perpetrator bears civil liability. Where the person knows that others are carrying out civil acts in his or her own name but does not deny it, it is deemed to be consent.
-
If an adult does not have an intellectual disability or other problems, and is a person with full capacity for conduct, the contract signed by your parents without permission is invalid.
-
As a person with full capacity for conduct, you can take responsibility for your own actions, and no one, including your parents, may exceed your authority in any civil act without any authorization.
Therefore, this contract is null and void.
-
As a person with full legal capacity, your parents do not have the right to sign on your behalf without your authorization, and it should be invalid.
-
If you do not authorize your parents to compensate each other, it should be invalid.
-
The contract signed by the parents comes into effect. Where the child authorizes the parents to sign on behalf of the child, or where the child is unaware but later recognizes it, the contract is valid; If the parents sign the contract in their name without the authorization of the children, the contract shall not have legal effect on the children, and the parents shall bear all the consequences arising therefrom.
Legal basis] Article 161 of the Civil Code.
Civil subjects may carry out civil juristic acts through ** persons. In accordance with the provisions of law, the agreement of the parties, or the nature of the civil juristic act, the civil juristic act that shall be carried out by the person himself must not be **.
Article 919.
An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the principal.
Article 920.
The settlor may specifically entrust the trustee to handle one or more affairs, or may entrust the trustee to handle all affairs in general.
-
Legal Analysis: Effective. The cooperation agreement is not signed by the person, and whether it has legal effect depends on the specific circumstances
1. If the person who signs in place of the person within the authority of the person knows that the other person signs the cooperation agreement in the name and does not deny it, the signature is valid and the cooperation agreement is also valid.
2. If it is signed by another person without the right, beyond the right or after the termination of the right, after the recognition, the signature is valid, and the cooperation agreement is valid.
Legal basis: Civil Code of the People's Republic of China
Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.
Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Clause. Article 465:Contracts established in accordance with law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
-
Fa Chi Xiao Law Zhizhou Analysis: If the family member has the best authority, the contract signed by him is valid. If the signer does not have the authority, it will constitute no authority, and if the person is recognized, the contract will be valid for the person.
However, adoption agreements, divorce agreements, bequest and maintenance agreements, and other contracts involving a personal nature must be signed by the parties themselves, and cannot be signed by others.
Legal basis: Civil Code of the People's Republic of China
Article 162:Civil juristic acts carried out by **persons in the name of ** persons within the scope of their authority are effective against the ** persons.
Article 168 A person must not carry out a civil juristic act with himself in the name of the person being **, except where the person is consenting to or being recognized. The person shall not carry out civil juristic acts in the name of the person being the subject and other persons at the same time as himself, except where the two parties to the person are consenting or recognized.
-
If the parents sign the house sale contract on behalf of the child, if the child entrusts the father to sign the contract, the contract is valid, and if there is no representation or the appearance of ** is signed, the contract is valid. Article 171 of the Civil Code of the People's Republic of China: Where the actor does not have the right to **, exceeds the right of **, or after the right is terminated, he still carries out the act of **, and is not recognized by the person, it is not effective against the person who is the victim of the crime. The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice.
Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized. Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.
Article 172:Where the actor does not have ** rights, exceeds ** rights, or still carries out ** conduct after ** rights are terminated, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.
To understand U.S. law is to a great extent to understand Anglo-American law, which already has so many unique features. >>>More
The right of subrogation is applicable to the debtor who neglects to exercise his due creditor's rights and endangers the interests of the creditor, and the right holder can only file a subrogation lawsuit at this time.
You are violating the labor law, and the provisions that violate the law are of course not legally valid.
The basic principles of the contract are mainly as follows: 1. The principle of equality: the parties to the contract have equal legal status, and one party may not impose its will on the other party. >>>More
A has not breached the contract.
Because Party A and Party B have not yet reached an agreement and have not signed a contract. >>>More