How to distinguish the legal effect of a contract?

Generally, it is necessary to have subject A and B, object trading xx, rights and obligations and liability for breach of contract.

In layman's terms, as long as you look at the content inside: it does not violate the basic concept of justice, and it does not conflict with basic moral common sense. (Because the law is the minimum standard, the moral requirements are higher than the law, so we usually say that it is not difficult for people to say, the moral code is actually in everyone's heart, for example, A deceived B to buy their own fakes, which is legally said that the contract concluded by fraud is not a true expression of intent, it is a contract whose validity is to be determined, but in popular terms, he deceives people and is immoral, we can easily distinguish it, this behavior is problematic, so the legal effect of the contract is to be determined).

Contracts concluded by the private sector are generally flawed, but as long as they are not: (1) one party concludes the contract by means of fraud or coercion, which harms 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. Generally fine.

The contract must meet the following conditions:

1. The true intention of both parties is required.

2. The subject matter of the performance is clearly agreed, the price and payment method are clear, and the performance method is clear.

3. Clarify the rights and obligations of both parties.

4. The identities of both parties are true, legal and valid.

The contract covers a wide range of areas, the above is just a general, major contracts please go to the nearest law firm, ask a lawyer to help you check it, more stable and reliable.

Article 52 The contract shall be invalid under any of the following circumstances:

1) One party concludes a 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.

Article 53 The following exemption clauses in the contract are invalid:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

Legal Analysis: In order for a contract to be valid, the following conditions must be met:

1) Only when the two parties to the contract have the corresponding capacity for civil rights and civil conduct can they become the subject of the contract and ensure the smooth performance of the contract.

2) The intention of the parties to the contract is high, and it is true.

3) The signed contract does not violate laws, administrative regulations or social public interests.

4) It has the formal requirements that must be met for the contract to take effect as stipulated by laws and administrative regulations, and some contracts in China can only have effective requirements if they meet the requirements of the form and ruler type.

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

Article 143:Civil juristic acts that meet the following requirements 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:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Legal analysis: only a contract with the following conditions can be legally valid: 1. Both parties to the contract have the corresponding civil capacity; 2. The intention of both parties to sign the agreement is true; 3. The contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

The contract that meets the conditions is established in accordance with the law, is protected by law, and is legally binding on the parties.

Legal basis: Article 143 of the Civil Code of the People's Republic of China is valid: (1) the actor 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.

A contract is legally valid only if it meets the following conditions:

1. Both parties to the contract have the corresponding civil capacity;

2. The intention of both parties to sign the contract is true;

3. The contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. A contract that satisfies the conditions is established in accordance with the law, protected by law, and legally binding on the parties.

1. Whether the mortgaged housing contract is valid.

The mortgage contract is valid when both parties to the contract have the capacity for civil conduct, the intention is true, and the content of the mortgage contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 143 of the Civil Code [Conditions for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid: (1) the actor 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.

2. What are the requirements for the establishment of an automobile sales contract?

There are three requirements for the formation of a contract:

1. The parties to the contract have the corresponding civil capacity.

2. The intention of both parties is true, and there is no fraud, coercion, taking advantage of others' danger, obvious unfairness, or major misunderstanding.

3. The content and form of the contract do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

3. What are the requirements for signing a contract?

There are three requirements for the formation of a contract: 1. The two parties to the contract have the corresponding civil capacity. 2. The intention of both parties is true, and there is no fraud, coercion, taking advantage of others' danger, obvious unfairness, or major misunderstanding.

3. The content and form of the contract do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (1) the actor 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 conditions for the formation of a contract: first, both parties to the contract, that is, the parties have the qualifications and abilities required by the law to carry out relevant legal acts, that is, they have full capacity for civil conduct.

Second, the contract should be on a voluntary basis, and the agreement reached on the expression of intent should be reached. Third, the standard and content of the contract must be reasonable and legal. Fourth, the form in which the contract needs to comply with the relevant laws and regulations.

If the above four conditions are met, the contract will be established in accordance with the law and will be bound by law from the date of the establishment of Chengdan. A legally formed contract is legally binding from the date of its formation. 1.

Although a contract is legally established, it has been in force since the date of establishment. 2.However, before it can be established, the parties need to negotiate and agree on certain contents and terms of the contract.

Otherwise, it will not take effect. The basis for judging its establishment is whether the commitment is effective. 3.

The entry into force in the contract is the entry into force in the legal sense, and the contract is binding on both parties at the level of the law. Usually when the contract is formed, that is, the contract is in force, there is a certain synchronization between the two. If the law stipulates that some contracts need to go through the relevant procedures stipulated by law and administrative regulations, the effective date of the contract needs to go through the relevant procedures before it can be coarsely effective.

Legal basis: Civil Code of the People's Republic of China Article 143 Civil juristic acts that meet the following conditions are valid: (1) the actor 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.

Derivative question: What kind of contract does not have legal effect?

1.A contract that is deceived or coerced by the other party or a third party and known to the other party has no legal effect;

2.A contract signed by both parties that is detrimental to the interests of a third party or a public interest has no legal effect;

3.The contract is void if the contract is entered into for the purpose of obtaining an improper benefit;

4.Contracts that infringe on public, collective legal interests are null and void;

A contract is legally valid only if it meets the following conditions:

1. The parties' intentions are true;

2. The contract is concluded by a person with the corresponding capacity for civil conduct;

3. The form and content of the contract are not illegal or contrary to public order and good customs;

4. Go through the stage of making an offer and undertaking in accordance with the law.

Legal basis] 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 loose code clearance provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144.

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

Article 471.

When a party concludes a contract, it may take the form of an offer, an acceptance or other means.

Article 472.

An offer is an expression of intent to enter into a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

2) The offeror is bound by the expression of intent if it indicates that it has undergone an acceptance by the offeror before rushing.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1) The parties to the contract have the corresponding capacity for civil conduct;

2) The intention of the parties to the contract is genuine;

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

What are the ways to deal with the invalidity of a contract?

1. Return of property: It means that after the contract is confirmed to be invalid or revoked, the parties to the contract have the right to claim for the return of the property that has been delivered to the other party, and the other party has the obligation to return the property that has been accepted.

2. Discount compensation: It is a form of liability to compensate the other party in monetary terms when the property of the other party obtained due to an invalid contract cannot be returned or it is not necessary to return it.

3. Compensation for losses: When the contract is confirmed to be invalid, if the other party suffers losses due to the fault of one or both parties, it shall also bear the liability for damages.

The above is the provisions on the validity of the contract, I hope it will be helpful to you.

Legal basis: Article 143 of the Civil Code stipulates that a contract that meets the following conditions shall have legal effect:

1) The parties to the contract have the corresponding capacity for civil conduct;

2) The intention of the parties to the contract is genuine;

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

Article 502 of the Civil Code.

1. The second paragraph stipulates that a contract established in accordance with law shall take effect at the time of 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 the approval formalities, follow those provisions.

If the failure to go through the approval formalities 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 the responsibility for breach of such obligations.

In order for a contract to be effective, the following conditions must be met: (1) The parties to the contract have the corresponding capacity for civil rights and civil conduct, so as to become qualified contract subjects and ensure the smooth performance of the contract. (2) The parties to the contract express their true intentions.

3) The signed contract does not violate laws, administrative regulations or the public interest of the Society. (4) It has the formal requirements that must be met for the contract to take effect as stipulated by laws and administrative regulations, and some contracts in China can only have effective requirements if they meet the formal requirements.

Article 143 of the Civil Code is valid for civil juristic acts that meet the following conditions: (1) The actor has the corresponding capacity for civil action; 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.