Only one party owns whether the contract is valid or not

Updated on society 2024-02-09
7 answers
  1. Anonymous users2024-02-05

    If the contract he has is consistent with what he says to you now, and the contract has not been altered or forged, then it is valid.

    In general, both parties should take one copy of the contract, but in fact, if no one party has a copy, or if one of them loses the contract, it will not affect the validity of the contract.

    Now even if you have another contract that is exactly the same, you can't help it.

    The same is true for the landlord, the deposit written above is for which part, and his verbal guarantee does not change the written contract at all. If the written writing is in your favor, then he will not dare to take it out at all, unless he alters and forges it.

  2. Anonymous users2024-02-04

    Article 52 The 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.

    Article 53 The following exemption clauses in the contract are invalid:

    1) Causing personal injury to the other party;

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

    Article 54 One of the parties shall have the right to request the people's court or arbitration institution to modify or revoke the following contracts:

    1) It was concluded due to a major misunderstanding;

    2) It is obviously unfair at the time of the conclusion of the contract.

    If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

    Where a party requests a modification, the people's court or arbitration institution must not revoke it.

    In the absence of Article 52 and Article 54, the contract is valid.

    The question is whether it has already entered into force.

    But you've actually fulfilled the housing, so the contract should be valid.

    However, it is possible to terminate the contract through negotiation.

    It's better to talk to him, or the lawsuit will be settled.

  3. Anonymous users2024-02-03

    As long as the content of the contract is not illegal, it is legal.

  4. Anonymous users2024-02-02

    Whether or not the parties hold a contract does not affect the validity of the contract. A contract signed by both parties in accordance with the principle of autonomy of will is valid except in the case of invalid civil juristic acts as prescribed by law. 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 the main obligations and the other party has accepted the hail before signing, stamping or fingerprinting.

    The contract is to adapt to the objective requirements of the commodities of private ownership through the arbitrary judgment, and is the legal expression of commodity exchange. After the production of commodities, in order to ensure the safety and credibility of exchange, people gradually formed many habits and rituals about exchange in the long-term practice of exchange. These customs and rituals of commodity exchange gradually became the general rules governing the exchange of commodities.

    With the establishment of private ownership and the emergence of the state, in order to maintain private ownership and normal economic order, the ruling class has stipulated in the form of law the customs and rules conducive to the exchange of commodities, and guaranteed their implementation by the coercive power of the state. Thus the law of commodity exchange was formed.

    Civil Code of the People's Republic of China

    Article 143:Civil juristic acts that meet the following requirements 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:Contracts established in accordance with law shall take effect upon their establishment, 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 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.

  5. Anonymous users2024-02-01

    The Office of Legal Affairs has informed and analyzed that it will not take effect. The contract must be signed by both parties, even if it is signed on behalf of the trustee, and it cannot be signed by one party.

    Because they are all signed by one party, it cannot reflect the agreement of both parties, and there is a suspicion of forging the contract. If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals.

    Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is concluded when one of the parties has fulfilled its main obligations before the signature, seal or fingerprint is signed, sealed, or fingerprinted, and the other party has accepted it.

  6. Anonymous users2024-01-31

    Only a contract entered into by one party is invalid. The law stipulates that a contract is formed after it is signed and sealed by both parties. If the other party is a company or legal person, the contract shall be established after being sealed.

    If the contract is unilaterally terminated after it takes effect, it shall bear the corresponding liability for breach of contract. According to the Civil Code of the People's Republic of China, if the parties conclude a contract in the form of a contract, the contract shall be concluded when both parties sign or affix their seals. If the parties conclude a contract in the form of a contract, the place where both parties sign and seal is the place where the contract is formed.

    Civil Code of the People's Republic of China

    Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties have signed, sealed, or fingerprinted. 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.

    When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

    Article 493:Where the parties conclude a contract in the form of a written contract, the place where the contract is finally signed, sealed, or fingerprinted shall be the place where the contract is concluded, unless otherwise agreed by the parties. High next to it.

  7. Anonymous users2024-01-30

    Whether a contract is lawful for only one party needs to be judged according to the nature of the contract. If the contract is a gift contract, according to the nature of the contract, the donee is a pure profit party, the contract is only beneficial to the donee, and the contract is legal and valid. However, if the contract is only beneficial to one party and infringes on the interests of others, then such a contract is illegal and invalid.

    According to Article 143 of the Civil Code, a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; 2. Sailing Tour) means true; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 143 of the Civil Code stipulates 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.

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