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Anonymous users2024-02-07Legal Analysis: Civil settlement agreements have legal effect. After the mediation file Wang reaches an agreement and is reviewed by the adjudicators, and the parties agree that the mediation agreement takes effect by both parties' signatures or seals, the mediation agreement shall take legal effect from the date on which both parties sign or affix their seals.
Where the parties request an excerpt or reproduction of the mediation agreement, it shall be permitted. Where the mediation agreement complies with the provisions of the preceding paragraph, the people's court shall separately draft a civil affairs mediation document. If one party refuses to perform after the mediation agreement takes effect, the other party may apply for compulsory enforcement with a civil mediation document.
Legal basis: Article 230 of the Civil Procedure Law of the People's Republic of China: In the course of enforcement, if the parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, and both parties shall sign or affix their seals. Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties do not perform the settlement agreement, the people's court may, on the basis of the parties' application, resume the enforcement of the original legal documents.
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Anonymous users2024-02-06Civil settlement agreements have the force of law. After reaching an agreement through mediation and being reviewed by the adjudicators, and both parties agree that the mediation agreement takes effect with the signatures or seals of both parties, the mediation agreement shall take legal effect from the date on which both parties sign or affix their seals. Where the parties request an excerpt or reproduction of the mediation agreement of the Chamber, it shall be permitted.
Where the mediation agreement complies with the provisions of the preceding paragraph, the people's court shall separately draft a civil mediation document. If one party refuses to perform after the mediation agreement takes effect, the other party may apply for compulsory enforcement with a civil mediation document.
Article 230 of the Civil Procedure Law of the People's Republic of China: In the course of enforcement, if the two parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, and both parties shall sign or affix their seals. Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.
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Anonymous users2024-02-05The settlement agreement is legally binding. The main conditions for the validity of the settlement agreement are: 1. The actor has the corresponding capacity for civil conduct; 2. The intention of the parties is true and consistent; 3. The content of the agreement and the signing procedure do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 465 of the Civil Code of the People's Republic of China: Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by the law on the verification of traces. Article 502 of the Civil Code of the People's Republic of China 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 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.
In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, transfer, termination and other circumstances of the contract shall be handled by the town for approval and other formalities.
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Anonymous users2024-02-04As long as one party fails to perform or performs improperly, the settlement agreement shall be deemed to be revoked or invalid, and the court cannot use the litigation settlement agreement as the basis for adjudication.
Article 230 of the Civil Procedure Law of the People's Republic of China: In the course of enforcement, if the two parties reach a consensus on reconciliation on their own, the enforcer shall record the content of the agreement in the record, and both parties shall sign or affix their seals. Where an application is made to summon the person subject to enforcement to reach a settlement agreement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.
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