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Anonymous users2024-02-06Legal analysis: The parties to the agreement can negotiate freely, and if the agreement is signed in accordance with Article 143 of the Civil Code, the agreement is valid.
Legal basis: According to Article 143 of the Civil Code of the People's Republic of China, civil law is valid if the following conditions are met:
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.
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Anonymous users2024-02-05Legal analysis: The content of the agreement is agreed upon by the parties and generally includes the following terms: (1) the names or names and addresses of the parties; (2) the subject matter; (3) The number of fields contains liters; (4) Quality; (5) Price or remuneration; (6) the time limit, place and manner of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
It depends on the nature of the contract, because in different types of contracts, the importance of various clauses is different, so it depends on the actual situation.
Legal basis: Article 10 of the Law of the People's Republic of China on Labor Contracts for the Elderly shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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Anonymous users2024-02-04Legal Analysis: A contract is valid if the following conditions are met:
1. The person who signs the contract has the corresponding capacity for civil conduct;
2. The content of the contract reflects the true intention of the signatory;
3. The content of the contract does not violate the mandatory provisions of laws and administrative regulations or the public interest.
Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
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Anonymous users2024-02-03Legal analysis: an agreement that meets the following conditions is valid: 1. The parties who sign the agreement have the corresponding civil capacity; 2. The content of the agreement reflects the true intention of the signatory; 3. The content of the agreement does not violate the mandatory provisions of laws and administrative regulations or the public interest.
The signing of a contract is complicated and complicated, and it is simple and simple. The parties need to be cautious when signing the contract to avoid the contract being invalidated. To sign a contract, one of the parties must first propose the main terms of the contract.
At the time of entering into a contract, the party making the offer cannot make the same offer to a third party at the same time, in addition to the form of tender. If the other party's economic loss is caused by doing so, it shall be liable for compensation. Contracts can be either oral or written.
For contracts with complex content and significant rights, a written contract should generally be signed. If necessary, it must be notarized by a notary public before the contract can be valid. If the parties put their fingerprints on the contract, it has the same legal effect as the signature or seal.
Legal basis: 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. 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.
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Anonymous users2024-02-02Legal analysis: 1. The subject of the contract shall have the qualification or legal authorization to enter into the contract;
2. The form of the contract shall be mainly in written form;
3. The content of the contract should be as complete and detailed as possible; Wait a minute.
Legal basis: Civil Code of the People's Republic of China
Article 9: When parties conclude a contract, they shall have the corresponding capacity for civil rights and civil conduct. The parties may entrust a person to conclude a contract in accordance with the law.
Article 10 The parties shall conclude a contract in written, oral and other forms.
Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.
Prenuptial agreements are strong and take effect from the date of signature by both the man and the woman. It should be noted that if the personal property owned by one party is completely agreed to be completely agreed on by the other party, especially the real estate, there is a risk that the court will recognize it as a gift, and the gift contract can be revoked before the completion of the gift, that is, before the transfer of the real estate, the donor can revoke the expression of intent to make the gift at any time, in this case, you had better notarize the prenuptial agreement, and the notarized gift cannot be revoked; In addition, it should be noted that you need to emphasize in the agreement that the purpose of the agreement is to better marital life, so as to avoid confusion with the divorce agreement, which is an agreement signed for divorce, which takes effect from the date of registration and filing with the civil affairs department, and can be renegotiated at will before it, but it has not yet taken effect.
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Take the agreement to the labor arbitration commission, and if it doesn't work, you will sue.
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