How to draw up an agreement between private individuals Friends who understand the law can help

Updated on society 2024-03-08
15 answers
  1. Anonymous users2024-02-06

    It should be useless no matter what kind of agreement you sign with the introducer, he is not an employer, how to ensure that the employer will not fire you. If you do get fired, he will explain that you can't meet the employer's conditions. At most, I can guarantee that the benefits you mentioned were like this before, and the historical situation is true.

    This is an intermediary fee that is not protected by law, so you should be cautious.

  2. Anonymous users2024-02-05

    1。First of all, the child is innocent, and the duty of the parents to support them is non-negotiable;

    2。Even if there is an agreement, according to the law, your maintenance obligation cannot be exempted, I understand what you mean, you just want to use an agreement to restrict him from going to your trouble, if he keeps his word, there is no written agreement he will not trouble you again, because you have signed an agreement before, he does not know that you have lost the agreement, even if you lose it, there is still a verbal agreement; If he doesn't keep his word, it's useless to have an agreement, he can still trouble you;

    3。In fact, your daughter is the main body of the claim for child support from you, and he is only claiming child support from your daughter as a guardian;

    4。In fact, it may be more appropriate for you to solve the problem in other ways.

    Hope you can take care of this issue properly!

  3. Anonymous users2024-02-04

    The recruitment intermediary fee shall be borne by the recruiting party; Workers only need to pay the initial registration fee (tens of hundreds of yuan).

  4. Anonymous users2024-02-03

    Unless that person has an official seal and signs a sealed agreement, it is of little legal significance, either orally or in writing. And it's best to consult a local lawyer.

  5. Anonymous users2024-02-02

    Are you sure that such an intermediary is reliable?! Be cautious when applying for a job.

  6. Anonymous users2024-02-01

    An agreement signed between private parties is valid if the following conditions are met: the parties shall have the capacity and capacity to perform the legal act; The parties shall agree on a voluntary basis; The standard and content of the contract must be legal; The contract must be in the form prescribed by law.

    According to the Contract Law of the People's Republic of China, Article 45 The parties may agree on conditions for the validity of the contract. A contract with conditions for entry into force shall take effect when the conditions are fulfilled. A contract with a condition of termination shall expire when the condition is fulfilled.

    Where a party improperly prevents the fulfillment of a condition for its own interests, it is deemed that the condition has been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled.

  7. Anonymous users2024-01-31

    Private agreements are legally valid when they are equal and voluntary, and are legal.

    According to Article 4 of the Contract Law, the parties shall enjoy the right to voluntarily conclude a contract in accordance with the law, and no unit or individual shall illegally interfere with it.

  8. Anonymous users2024-01-30

    No matter what the agreement is signed, it has legal effect, and of course the content is legal.

  9. Anonymous users2024-01-29

    First of all, the content of the private agreement must comply with the provisions of the current legislation! There can be no violation of the law、If it is a loan, the interest rate cannot be higher than 5 times the bank!

  10. Anonymous users2024-01-28

    Private agreements all have some legal effect.

  11. Anonymous users2024-01-27

    If the agreement signed by an individual does not violate the principles of law and is signed by the subjective will of the individual, the agreement has legal effect.

    The agreement is a written material signed by two or more parties in social life after reaching an agreement through consultation between the two or more parties in order to protect their legitimate rights and interests.

    An agreement is a kind of contract document, which is a legally effective record application document signed by two parties (or parties) in order to resolve or prevent disputes, or establish a certain legal relationship, and realize certain common interests and wishes.

    1. The purpose of the agreement.

    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.

    2. What is the validity of the collective contract.

    1) The legal effect of the collective contract on the person:

    The legal effect of a collective contract on a person refers to the person to whom the collective contract is legally binding. According to the provisions of the Labor Law of the People's Republic of China, a collective contract signed in accordance with the law is binding on the employer and all the employees of the employer.

    2) Temporal validity of the collective contract:

    The temporal validity of a collective contract refers to the time when the collective contract becomes effective and when it terminates its validity. The temporal validity of a collective contract is usually based on the duration of its existence, and generally takes effect from the date of its formation. If the parties agree otherwise, it should be expressly provided for in the collective contract.

    The validity of a collective contract ceases upon the expiration of its term.

    3) Spatial validity of collective contracts:

    The effect of the collective contract on space refers to the binding force of the collective contract on which regions and which workers and employers are engaged in the same industry. Generally speaking, the collective contract of the unit is only valid for the unit.

  12. Anonymous users2024-01-26

    The private person enters into an agreement by stating the names of the parties to the agreement and the address of the parties; Specify the subject matter, quantity, quality, price, payment or remuneration of the agreement; Specify the period, place and manner of performance of the agreement; Specify the liability for breach of the agreement and the method of dispute resolution.

    Legal basis] Article 470 of the Civil Code.

    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 time limit, place and square branch of the 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.

  13. Anonymous users2024-01-25

    1) The actor has the corresponding capacity for civil conduct, and shall be a person who can recognize his own conduct at the time of entering into the agreement;

    2) The intention is genuine, and there is no fraud, coercion, etc., when the parties enter into the agreement;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Legal basis] Article 113 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.

  14. Anonymous users2024-01-24

    An agreement signed between a private couple is legally valid if it meets the following conditions: the content of the agreement complies with laws and regulations and public order and good customs; The parties to the private agreement are persons with corresponding civil capacity; The parties to the private agreement express their true intentions; Other statutory valid conditions, etc.

    1. Is the validity of the jurisdiction clause stipulated in the labor contract?

    The jurisdiction clause in the labor contract is valid if it meets the statutory conditions for validity, and the specific conditions for statutory validity are: the intention of the parties to the jurisdiction clause is genuine; The parties to the jurisdiction clause are persons with corresponding capacity for civil conduct; The content of the agreed jurisdiction clause shall not violate laws and regulations or public order and good customs; The form of the contract complies with the relevant legal requirements; Statutory and other conditions such as the effect of sailing and so on.

    2. Is the agreement between the husband and wife valid during the marriage?

    An agreement signed by the spouses during the marriage is valid if the following conditions are met:

    1.At the time of entering into the agreement, both parties have the corresponding capacity for civil conduct;

    2.The parties expressed their true intentions when entering into the agreement, and there was no fraud, coercion, etc.;

    3.The content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

    3. Does the divorce agreement have legal effect?

    Divorce agreements have the force of law.

    As long as the divorce agreement conforms to the true intentions of both parties, both parties have full capacity for civil conduct, does not violate the mandatory provisions of laws and regulations, and does not violate public order and good customs, it is legally effective.

    According to the provisions of 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.

    According to the provisions of Article 1076, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    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 469.

    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.

  15. Anonymous users2024-01-23

    Conditions for <> private agreement to have legal effect:

    1. The parties must have the corresponding capacity for civil conduct

    1) As a party to the contract, a natural person must have the required capacity for civil conduct;

    2) Legal persons and unincorporated organizations that are the subject of contracts have different capacities, legal persons and unincorporated organizations can only have legal effect if they engage in economic activities within the scope of business registration and approval, and legal persons and unincorporated organizations can only be protected by law if they sign contracts within the scope of business;

    2. The meaning is true

    1) The conditions for the effectiveness of all civil juristic acts;

    2) If the intention of the parties to the contract is not true, or if the intention of the parties to the contract is not true, or if the intention is fraudulent, coercive, or taking advantage of the danger of others, or evading the law, or if the act is contrary to the true intention, the contract will not be legally effective;

    3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Legal basis: Article 144 of the Civil Code of the People's Republic of China.

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

    Article 145.

    Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts that are appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

    The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

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