How does a verbal agreement work, and does a verbal agreement work

A verbal agreement is valid when it is legally generated. The explanation is as follows:

1. According to Article 10 of the Contract Law of the People's Republic of China, which stipulates that "the parties shall conclude a contract in written, oral and other forms", people may conclude contracts or agreements in oral form except for contracts in written form as stipulated by laws and administrative regulations.

Therefore, it can be considered that an oral agreement is also a form of contract, if an oral agreement recognized by both parties is legally valid, but if one party breaches the contract, the evidence of one party can form a complete chain of evidence, and the oral agreement also has legal effect. Where a written contract shall be adopted as prescribed by national law, but the parties only make an oral agreement, and the assertion can provide evidence to prove that they have performed the agreement, it may be regarded as valid.

2. As long as its 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.

The business license is the same as renting a house. The harmony of the storefront was not handed over. Because we don't Dong. The landlord told him to take the rental house and apply for a business license. This is not considered a grate, the landlord deceived us.

The key to the validity of a verbal agreement is to prove the existence of a verbal agreement.

1. 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.

2. Once an oral agreement is brought to court, the claimant must provide evidence of the act agreed in the contract at that time, which is difficult to accept in such cases due to the great arbitrariness of the testimony of witnesses.

3. At this time, it is necessary for the claimant to provide indirect evidence of the performance of the contract at that time, and the faxes, e-mails, bills, recordings, chat records, etc. exchanged between the two parties when performing the oral contract.

4. The contract agreed upon by both parties by email or QQ chat can also be regarded as a written contract.

5. Compared with oral agreements, written contracts have clear written records of the rights and obligations agreed between the parties.

6. It can remind the parties to perform their contractual obligations correctly in a timely manner, and when a contract dispute occurs, it is also convenient to distinguish responsibilities and resolve disputes correctly and in a timely manner.

Legal analysis: Oral contracts generally have legal effect as long as the content is legal. A legally binding contract is generally subject to three conditions:

1. The actor who signs the contract shall have the corresponding ability to perform civil acts. 2. The content of the contract is the expression of the true intentions of both parties. 3. Do not violate the law and social public interests.

Legal basis: According to 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: The oral agreement of Brother Roll has a recording is valid. An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without written form, and this kind of agreement is generally a banquet with legal effect.

If the oral agreement cannot prove the content of the agreement, then the oral agreement is equivalent to invalidity.

Legal basis: Article 10 of the Contract Law of the People's Republic of China The parties enter into a contract in written, oral and other forms.

The conditions for the validity of an oral agreement are the same as those for a general contract, including the following aspects: First, the parties to the contract must have the capacity to enter into the contract. The parties to the contract must have the corresponding civil capacity.

Among them, the contract concluded by the person without civil capacity is invalid; Restricting the carrying out of civil juristic acts by persons with civil capacity for pure benefit or civil juristic acts that are appropriate to their age, intelligence, or mental health status are valid; Other civil juristic acts carried out are effective after being approved or retrospectively recognized by the legally-prescribed person. Second, the intention of the parties to the contract is genuine. The true expression of intent refers to the fact that the actor's internal will to establish, modify, or terminate a civil legal relationship is consistent with the external expression.

The law stipulates that if a contract is concluded in the event that the expression of intent is not true, the parties have the right to apply for modification or rescission. Third, it does not violate the mandatory provisions of laws and administrative regulations, and does not harm the public interest.

If one or both parties to the oral agreement are incapacitated persons; It is an oral agreement entered into between the actor and the counterparty with a false expression of intent; and where an oral agreement is concluded in violation of the mandatory provisions of laws and administrative regulations, the oral agreement shall be invalid.

[Legal basis].According to Article 143 of the Civil Code, which came into force on January 1, 2021.

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 144 of the Civil Code.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 146 of the Civil Code.

Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

Article 115 and Article 13 of the Civil Code.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the good indication is that the mandatory provision does 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 of the Civil Code.

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

is effective. Oral agreement is an oral contract, and civil law stipulates that there are two forms of contract: the first is the oral form, and the second is the written form.

An agreement or contract concluded orally is valid as long as it is genuinely expressed by both parties.

Legal basis: Article 469 of the Civil Code: When a party concludes a contract, it may be in written, oral or other forms.

The written form is the form in which the contents of the lease can be tangibly expressed in the contract, letter, telegram, telex, fax, etc.

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

An oral agreement is valid, but it requires an oral contract formed by law to be valid. Contracts can be in writing, orally, or otherwise. As long as the oral contract is concluded by a person with the corresponding capacity for civil conduct; The meaning means that it is true; The content of the contract is legitimate; If it does not contravene public order and good customs, the oral contract has legal effect.

1. Jurisdiction of oral contracts.

Where the parties have already agreed on jurisdiction, the agreed jurisdiction is controlling. Where the parties have not agreed on jurisdiction, the people's court at the place where the defendant is domiciled or where the contract is performed usually has jurisdiction. In addition to Zen meditation, due to the difference in the legal relationship of the litigation and the amount involved, there are also situations of statutory exclusive jurisdiction and hierarchical jurisdiction.

For example, a lawsuit arising from a real estate dispute is under the jurisdiction of the people's court where the immovable property is located; Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent died and was sentenced to be in distress or where the main estate was located; If the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract, and if there is no agreement on the place of performance or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located shall be the place of performance of the contract; In the case of delivery of immovable property, the place where the immovable property is located is the place where the contract is performed, and the place where the contract is settled in a timely manner is the place where the transaction is carried out. Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

2. What is the liability for breach of contract in oral contract.

The liability for breach of contract in oral contracts includes continued performance, compensation for losses, remedial measures, payment of liquidated damages, etc. According to Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.