Whether a private sale contract is legal Whether a private contract is legal

1. Under normal circumstances, the sales contract between private individuals is legal and valid.

2. What is a public house? Or which units belong to the government? Most people probably think that only state organs belong to the public, and the rest belong to private individuals, including enterprises and institutions.

In fact, whether it is a contract signed between a state organ, an enterprise or an institution, or an individual, it is legal and valid except as provided for in Article 54 of the Contract Law. Or it can be said that in daily life, the sales contract is legal and valid.

3. Article 44 of the Contract Law: A contract established in accordance with the law shall take effect upon its establishment.

4. Article 52 of the Contract Law: A contract shall be invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

This cannot be generalized, first, it depends on whether the parties to the contract have civil capacity, for example, a seriously mentally ill person is a person who has no capacity for civil conduct. Second, it depends on whether the subject matter of the transaction is allowed to be bought and sold by law, such as white powder, which is not allowed to be bought and sold by law. If the parties to the contract are all fully capable (a person with limited capacity must be recognized by his legal ** person after entering into a contract), and the subject matter of the contract is legally allowed to be bought and sold, then the private sale contract is legal.

The key is whether the content is legal, whether there is any content that contradicts the legal terms, and if the content is legal, the real signature of both parties is valid.

According to your brief description, the circumstances under which a contract is invalid are: 1. A contract concluded by means of fraud and coercion that is detrimental to the interests of the state. 2. Contracts that maliciously collude to damage the interests of the state, the collective or a third party.

3. Concealing illegal purposes in a lawful form. 4. Harming the public interest. 5. Violation of mandatory provisions of laws and regulations.

In addition, a contract that can be changed and voided is different from an invalid contract in terms of legal relationship.

The circumstances under which a contract can be changed or revoked are: 1. It is concluded due to a material misunderstanding. 2. It is obviously unfair at the time of entering into a contract. 3. If one party makes the other party enter into a contract contrary to its true intention by fraud, coercion or taking advantage of the danger of others, the injured party may apply to the court to modify or revoke it.

Here, it should be reminded that fraud and coercion are determined in two situations, and the damage to national interests is invalid, while in general, fraud and coercion and contracts concluded by taking advantage of the danger of others are both changeable and revokable.

To sum up, if there is no violation of the mandatory provisions of laws and regulations, the above circumstances can generally be compared.

If you have any questions, please add.

The agreement signed by a private person is legal if it meets the following requirements: the subject is qualified, that is, the private person has the corresponding capacity for civil conduct; The meaning means that it is true; and the content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and is also consistent with public order and good customs.

[Legal basis].

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The actor has the corresponding capacity for civil dispersal 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 490.

If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

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.

In accordance with the provisions of the law and the administrative law, if the contract shall go through formalities such as approval, 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.

A contract for the sale and purchase of a house drawn up by a private person is valid if the following conditions are met:

1. The actor who signs the house sale contract has the corresponding civil capacity;

2. The house sale contract does not violate the law and the public interest;

3. The content of the house sale contract is the expression of the true intentions of both parties.

[Legal basis].Article 153 of the Civil Code of the People's Republic of China.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Article 155.

Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Article 156.

Where a part of a civil juristic act is invalid and does not affect the validity of the other parts, the other parts are still valid.

Article 506.

The following disclaimers in the contract are null and void:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

The contract for the sale and purchase of a house signed without permission shall be effective immediately in accordance with the law. A valid housing sales contract requires the parties to have the ability to write and prove that their intentions are voluntary and true; The content of the contract is legal and in accordance with the law; The establishment of a sales relationship shall not maliciously collude to harm the interests of the state collective or a third party, and shall not conceal illegal purposes in a lawful form.

[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 502.

A contract established in accordance with law shall take effect when the bureau is established, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the terms and conditions in the contract for the performance of obligations such as reporting for approval.

If a party who should have gone through the formalities for correcting omissions 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.

Legal analysis: If the sales contract meets one of the following conditions, it is illegal and invalid: one party uses fraudulent means to make the other party carry out the contract contrary to its true intentions.

A third party commits a fraudulent act so that one party commits it contrary to its true intentions. One party or a third party uses coercion to cause the other party to carry out the act contrary to their true intentions.

Legal basis: Article 143 of the Civil Code of the People's Republic of China.

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.

Legal analysis: According to the laws of our country, when there is fraud and other circumstances in the sales contract, it is an illegal contract, and in other cases, it is not illegal.

Legal basis: Civil Code of the People's Republic of China

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration body revoke it.

Article 149:Where a third party commits fraudulent acts, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil law acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.