Is such a contractual provision legal?

Such a clause should be a clause in the model text of the sale and purchase of commercial housing, and its purpose is to protect the rights and interests of home buyers. However, despite such an agreement, it may be difficult to achieve its purpose.

According to the legal principle of contract, the contract documents should be interpreted in the order of the time of signing, so the supplementary agreement signed later should generally be interpreted first. This provision of the contract is a restriction on future contractual behavior, and does not have the right of priority to interpret the subsequent supplementary agreement, unless there is a similar clause in the supplementary agreement signed in the future. Therefore, although this clause cannot be found to be illegal, it is not actually contractually binding because it does not have the effect of the current interpretation.

I hope the above advice will be helpful to you, and if the above problems do occur, it is recommended that you consult a lawyer with professional experience.

If the general supplementary agreement has the same legal effect as the original contract, such a clause is allowed, and I think this article is very good and is beneficial to the buyer. The avoidance of a supplementary agreement reduces the liability of the seller.

Yes. Article 61 of the Contract Law stipulates that "after the contract comes into effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. "Article 77 provides:

The parties may change the contract by consensus. "Article 40 stipulates" that "if a standard clause has the circumstances provided for in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts its liability, increases the liability of the other party, or excludes the main rights of the other party, such clause shall be invalid." ”

Personally, I believe that the parties to the contract can change or supplement the relevant content of the contract based on autonomy of will, and at the same time, the housing sales contract is a standard contract, and the standard contract under Article 40 of the Contract Law is legally invalid. An invalid clause does not have the effect of altering the legal relationship between the parties to the contract.

FYI.

A brief look at the contract terms (** is not clear) There is no obvious problem with the contract terms, they are all conventional labor and labor contract terms, and there are no agreements that violate laws and regulations, and violate public order and good customs.

If there is no problem with the content of the contract, as long as both parties have the qualifications of civil subjects and voluntarily sign the contract (true expression of intent), it is legal.

**The shooting is not very clear, so I will give some comments on the clear part. Since the probationary period is 6 months, according to the provisions of the Labor Law and the Labor Contract Law, the term of the contract should be more than 3 years, otherwise it will be invalid because it violates the mandatory provisions of the law.

After reading the downstairs master contract, it is probably recommended as follows.

Party A: The party that provides the vehicle such as the car rental company or the owner.

Party B: The party renting the vehicle.

1. Party A provides Party B with well-equipped, well-technically conditioned, safe and reliable operation and complete documents: The vehicles provided by Party A to Party B must meet certain standards, including vehicle configuration, technical condition, safety performance and completeness of documents.

2. After Party B signs this contract, Party B shall pay Party A the vehicle rental fee of RMB per month, the vehicle rental deposit of RMB Yuan, and the vehicle rental fee of the month on the day of each month: Party B shall pay the vehicle rental fee and deposit to Party A after signing the contract, and pay the lease fee on a monthly basis.

3. The term of the contract is years: Party A provides Party B with the time for the use of the vehicle, including the start time and end time.

4. During the contract period, the ownership of the vehicle belongs to Party B, and Party B has the right to use it, and can sublease, lend, mortgage, etc.: During the contract period, the ownership of the vehicle belongs to Party B, and Party B can sublease, lend or mortgage the vehicle according to its own needs.

1) Deliver the vehicle agreed in the contract to Party B on time: Party A needs to deliver the vehicle to Party B at the time agreed in the contract.

2) Assist Party B in handling vehicle insurance accidents and repairing damaged vehicles: In the process of using the vehicle, if there is an insured accident or damage to the vehicle, Party A needs to assist Party B in dealing with it.

3) Return Party B's vehicle deposit as agreed in the contract: At the end of the contract period, Party A needs to return the vehicle deposit to Party B at the time agreed in the contract.

4) According to the validity period of the contract, if the vehicle is damaged, overdue, lost or stolen, etc., Party B cannot use the vehicle normally, Party A needs to refund Party B's rent and deposit;

1. If during the validity period of the contract, the vehicle is damaged, overdue, lost or robbed, etc., resulting in Party B's inability to use the vehicle normally, Party A needs to bear the corresponding responsibilities in accordance with the provisions of the contract and return Party B's rent and deposit in time. In the case of damage to the vehicle, Party A shall repair or replace the vehicle and bear the corresponding costs. If the damage exceeds the normal wear and tear scope agreed in the contract, Party A needs to bear all the repair costs.

If repairs take a longer time, you should provide a replacement vehicle so that you can continue to use the vehicle.

2. If the vehicle cannot be delivered to Party B due to overdue or lost reasons, Party A needs to notify Party B in time and refund the rent and deposit in accordance with the provisions of the contract. If the vehicle cannot be delivered to Party B due to theft, Party A shall report the case and provide proof of the report. In this case, Party A needs to refund the rent and deposit in a timely manner, and negotiate with the insurance company to settle the claim.

In short, Party A shall bear the corresponding responsibilities in accordance with the provisions of the contract, and actively negotiate with Party B to solve the problem to ensure that Party B's rights and interests are protected.

Contracts that are not lawful are null and void and are not protected by law.

1. A contract in which one party concludes a contract by means of fraud or coercion to the detriment of national interests;

2. There is a contract of malicious collusion that damages the interests of the state, the collective or a third party;

3. The form, content and format of the contract are legal, but the purpose of the contract is illegal;

4. Contracts that harm the public interest;

5. Contracts that violate the mandatory provisions of laws and administrative regulations;

After the contract is invalid or revoked, the infringer shall return the property acquired as a result of the contract; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby, and if both parties are at fault, they shall each bear corresponding responsibility. If the party at fault refuses to pay compensation, the injured party may appeal to the people's court.

Article 44 of the Contract Law of the People's Republic of China.

A contract established in accordance with law shall take effect from the time of its establishment.

Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

Article 52 of the Contract Law of the People's Republic of China.

The contract shall be invalid under any of the following circumstances: (1) one party concludes the 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.

Comply with legal requirements. The parties may agree on the assumption of liability. However, this kind of agreement is only valid within both parties and cannot be used against a third party who has not signed a contract.

For example, Party A is the owner, and Party B and Party C are the builders, and there is a sequence of processes. Now B and C have made the kind of agreement you just mentioned, after B finishes construction, C will inspect it, and after it is passed, the responsibility can no longer be passed on to B in the future.

This agreement is valid between B and C. But because A didn't sign, he couldn't bind A. If the problem occurs after the same day, A can still sue B and C. The court will also hold B and C liable for A.

However, after assuming the external responsibility, B can recover the loss from C according to the internal agreement between him and C.

Contracts that violate laws and regulations are null and void. In any of the following circumstances, the contract or part of the contract may be deemed invalid: (1) a contract concluded by one party by means of fraud or coercion that harms the interests of the state; Note:

A contract concluded by one party by means of fraud or coercion is a contract with an untrue expression of intent, which is generally a contract that can be changed or revoked, and is only invalid if it harms the interests of the state; (2) Contracts that collude in bad faith and damage the interests of the state, the collective or a third party; (3) a contract in which a lawful form conceals an illegal purpose; 4. Contracts that harm the public interest; (5) Contracts that violate the mandatory provisions of laws and administrative regulations; (6) The terms of the contract exempting the other party from liability for causing personal injury to the other party or causing damage to the other party's property due to intentional or gross negligence; (7) The clause that exempts the party providing the standard clause from liability, increases the liability of the other party, and excludes the main rights of the other party is invalid. 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) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Contracts that violate laws and regulations are null and void.

Legal analysisTherefore, a contract that violates laws and regulations does not have relevant legal effect. In any of the following circumstances, the contract or part of the contract may be deemed invalid: (1) a contract concluded by one party by means of fraud or coercion that harms the interests of the state; (2) Contracts that collude in bad faith and damage the interests of the state, the collective or a third party; (3) a contract in which a lawful form conceals an illegal purpose; 4. Contracts that harm the public interest; (5) Contracts that violate the mandatory provisions of laws and administrative regulations; (6) The terms of the contract exempting the other party from liability for causing personal injury to the other party or causing damage to the other party's property due to intentional or gross negligence;

(7) The clause that exempts the party providing the standard clause from liability, increases the liability of the other party, and excludes the main rights of the other party is invalid.

Legal basisArticle 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. 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.

Legal analysis: According to the law, if the contract violates the mandatory provisions of laws or administrative regulations, it will lead to its invalidity. The so-called mandatory provisions refer to the provisions that must be applied in accordance with the law and cannot be changed or excluded by the will of the individual.

It is a rule that the actor must act or refrain from acting as instructed by the act, and is characterized by the fact that the actor has no room for choice. In other words, mandatory provisions specify that certain persons must or are prohibited from doing so.

In addition, a contract signed in violation of mandatory norms of validity is bound to be invalid, and a contract signed in violation of mandatory administrative norms must be confirmed in light of specific practice.

Legal basis: Article 153 of the Civil Code of the People's Republic of China Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

The contract does not stipulate a clear amount of wages, which violates the law, and the rest is nothing, that is, the agreement is too general, and those provisions are basically the same as if there was no agreement.

It's easy to leave if you want to, and you can leave three days in advance of the probationary period, whether you agree with it or not. After becoming a regular, you can leave if you resign 30 days in advance, regardless of whether you agree or not.