Does a verbal agreement have legal effect

The verbal agreement is valid.

Civil law provides that there are two forms of contract: the first is oral, and the second is written. An agreement or contract concluded orally is valid as long as it is expressed in the true interest of both parties.

Exception: When the law clearly stipulates that the form of the contract is a formal contract, that is, a written contract must be signed, if the parties only make oral expressions and do not sign a formal written contract, it is deemed that no agreement has been reached. _

Yes, but there are more conditions, you have to be able to prove that the other party said it, and the other party admitted, or there is a third proof, if you just say what the other party said, it is very difficult for you to use this to fight a lawsuit, and if you can't produce other proof, the judge will not accept it. Article 10 of the Contract Law stipulates that the parties may conclude a contract in written, oral and other forms. However, as long as the oral contract is a true expression of the intention of both parties, the other party agrees, or there is evidence to prove that the oral agreement was established through negotiation between the two parties, it is also valid.

Except for the written agreement required by national laws, such as construction contracts, technology development contracts, housing sales contracts, etc., if such contracts take the form of oral agreements, they can be regarded as invalid and are not protected by law.

If both parties admit the oral agreement, it is valid. If one party does not admit it, the other party will be invalid if there is no evidence to prove it.

Some. It's just that it is often difficult to adduce evidence, and the possibility of being arrested is low.

Does a verbal agreement have legal effect?

Legal analysis: An oral agreement has legal effect, provided that the oral agreement is a true and legitimate expression of intent of the parties. According to Article 469 of the Civil Code, which came into effect in 2021, the parties may enter into a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Legal basis: Article 469 of the Civil Code of the People's Republic of China stipulates that the parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Oral agreements are legally binding. According to the relevant laws and regulations, the oral agreement is also an expression of the actor's intention, which is the free expression of the parties' intentions, and as long as the parties reach a consensus through consultation, an oral agreement can be adopted. However, oral agreements are difficult to obtain evidence and do not have strong protection for contracts, so the parties should carefully consider using oral agreements.

The content of the oral agreement shall not violate the mandatory provisions of laws and administrative regulations

1. One party does not conclude the contract by means of fraud or coercion, which damages the interests of the state;

2. The two parties are not maliciously colluding to damage the interests of the state, the collective or a third party;

3. The two parties are not covering up the illegal purpose in a legal form;

4. There is no harm to the public interest;

5. The subject of the contract has the capacity for civil conduct and civil rights;

6. If the intention is true, the contract is established and has legal effect and is protected by law.

Article 469 of the Civil Code of the People's Republic of China.

The parties may conclude a contract in written, oral or other forms.

The written form is the form of contract, letter, telegram, telex, fax, etc., which can tangibly express the content of the erected beam.

Data messages that can be tangibly expressed in electronic data interchange, e-mail, etc., and that can be accessed at any time for reference, are considered to be in writing.

Oral contracts also have legal effect. As long as the contract is a true expression of the intention of a person with capacity to act, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, the contract is valid no matter what form it takes.

An oral agreement is a kind of agreement, but it has its very obvious limitations, it refers to an agreement that is not in written form, and it is generally considered to be an agreement reached orally, and this kind of agreement generally has legal effect. An oral agreement corresponds to a contract in written form. The law stipulates that some types of contracts must be signed in writing, otherwise they must be certified or confessed by a third party.

oral agreements, as long as their content does not violate the mandatory provisions of laws and administrative regulations; One party has not entered into a contract by means of fraud or coercion, which harms the interests of the state; The two parties are not maliciously colluding to harm the interests of the state, the collective or a third party; The parties are not concealing illegal purposes in a lawful form; There is no harm to the public interest; The subject of the contract has the capacity for civil conduct and civil rights; If the intention is true, the contract is established and has legal effect and is protected by law.

According to the Civil Procedure Law, the types of evidence, witness testimony, and audio and video recordings of the contract can all be used as evidence, and the plaintiff should first prove that it has completed the content agreed in the contract. In the event of a dispute arising from an oral agreement, the key is to collect evidence from the injured party in the negotiation and settlement stage.

If a large amount of loan contract is agreed orally between relatives and friends, if the agreement is only made orally due to the situation, and there is no third party present, it is best to properly keep the various bills provided by the bank and try to avoid using cash payment.