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As long as the agreement signed by both parties is fair, voluntary and does not violate laws and regulations, it is protected by law.
Article 58 of the General Principles of the Civil Law stipulates that the following civil acts are invalid: (1) carried out by a person who lacks civil capacity; (2) Where persons with limited capacity for civil conduct are unable to do so independently in accordance with law; (3) One party uses fraud or coercion or takes advantage of the danger of others to cause the other party to act contrary to its true intentions; (4) Maliciously colluding to harm the interests of the state, the collective, or a third party; (5) Violating the law or the public interest; (6) The economic contract violates the state's directive plan; (7) Concealing illegal purposes in a lawful form. An invalid civil act is not legally binding from the beginning of the act.
Article 59: One party has the right to request that the people's court or arbitration organ modify or revoke the following civil acts: (1) the actor has a major misunderstanding of the content of the conduct; (2) Manifestly unfair. A revoked civil act is void from the beginning of the act.
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It is best to apply for a notarization.
The following materials shall be submitted to apply for notarization: proof of identity; If the person applies on behalf of the person, the power of attorney or other proof of authority qualification (statutory**, designated**) must be submitted; Documents to be notarized Proof of ownership of property related to notarized matters; Other supporting materials related to notarization matters.
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The agreement is protected by law and has legal effect.
1. As long as the content of the agreement is not prohibited by law, and it is reached under the fair and voluntary circumstances of both parties, it has legal effect.
2. If the content of the agreement involves some provisions prohibited by law, the legal effect of the agreement cannot be completely negated, but the provisions prohibited by law will be invalid.
3. The agreement reached by oneself can be reversed, but it will be used as a reference in the lawsuit.
Agreements reached under the auspices of administrative organs, judicial organs, notary offices, etc., are fully valid.
Article 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 470: The content of the contract shall be agreed upon by the parties and shall generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Legal analysis: The agreement is protected by law and has legal effect. The purpose of entering into an agreement is to better fix the responsibilities agreed upon by both parties from the institutional and even legal perspectives.
As a binding evidentiary document that can clarify the rights and obligations of each other, the agreement has a binding effect on both parties (or parties), and it can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract.
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.
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.
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Legal analysis: In accordance with the provisions of relevant laws, regulations and national policies, Party A and Party B shall reach an agreement on the relevant matters of cooperation and conclude a contract based on the principle of equal consultation and voluntary compensation.
Legal basis: Civil Code of the People's Republic of China Article 502 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
Where a contract shall go through formalities such as approval in accordance with the provisions of laws and regulations and administrative regulations, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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1. Ensure the legitimacy of the content, and the content cannot violate the mandatory provisions of the law;
2. The content of the agreement should be concise and direct, and clearly stipulate the rights, obligations, liabilities for breach of contract, conditions for terminating the contract, validity period and other elements according to the type of agreement;
3. The information of the parties to the agreement is true, accurate and respectful;
4. The signature and seal are true. Minju.
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How to write an agreement to be protected by law needs to be analyzed on a case-by-case basis, and the following is an analysis of it: the content of the agreement does not violate the mandatory provisions of the law to have legal effect, so we remind you that when writing the agreement, the first thing is that the parties need to write under the true expression of their intentions, and secondly, it is necessary to ensure that it is legal and cannot violate the mandatory legal provisions.
The content of the agreement does not violate the mandatory provisions of the law to have legal effect, and there is no special format, as long as the content of the agreement does not violate the provisions of the law, it is valid.
1. Ensure the legitimacy of the content, and the content cannot violate the mandatory provisions of the law;
2. The content of the agreement should be concise and direct, and the rights, obligations, liability for breach of contract, conditions for termination, validity period and other elements of the parties should be clearly agreed upon according to the type of agreement;
3. The information of the parties to the agreement is true and accurate;
4. The signature and seal are true.
How to write a postnuptial agreement to be effective:
1) The indictment is the most basic legal document that gives rise to the litigation procedure, and the indictment needs to be written in a certain format, and at the same time, the time of marriage, the circumstances after the marriage, and the reasons why the relationship between husband and wife can no longer be maintained should be clearly stated in the facts and reasons. However, we must avoid writing everything in a journal-style way, and write down the main issues, main ideas, and main reasons clearly. In practice, there are often some plaintiffs who are always worried that they have not written the facts clearly, and as a result, they will make long and eloquent speeches, which in fact will not help.
2) The names of the plaintiff and the defendant must be absolutely accurate and there must be no errors, in other words, as long as they are consistent with the names on the ID card.
3) Write down the address of the person who holds the abbreviation, so as to avoid mistakes and delays in court summonses.
4) Avoid the use of aggressive language and uncivilized language in the indictment.
5) Be sure to check it well after writing, and don't accidentally write words that are unfavorable to you.
Legal basis]:
Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 470 (1).
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
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