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According to the Contract Law of the People's Republic of China, "the parties to the contract 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. ”
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The conditions that the subject of the contract should meet are: 1. Both parties to the contract have the corresponding capacity for civil rights and civil conduct; 2. The conclusion of the contract is based on the true intention of both parties; 3. The content of the contract does not violate the provisions of the law and does not violate public order and good customs.
[Legal basis].
Article 143 of the Civil Code provides that 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 prudently violate the good customs of Liang Jing's public order. Article 144: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 beneficial or that are appropriate to their age, intelligence, or mental health status are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.
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[Legal basis].
Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding ability to act in civil acts; (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.
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The conditions that the subject of the contract should meet are: the parties to the contract must have the corresponding capacity for civil rights and the force of civil conduct, and the intention must be true. The subjects of the contractual relationship are also known as the parties to the contract, including the creditor and the debtor.
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 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.
Article 502.
A contract established in accordance with the law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the Dangchang Chan Shi. 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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Legal analysis: The parties to the contract have the corresponding ability to act as a contractor when they enter into the contract. The so-called capacity to conclude contracts refers to the legal capacity on which a civil subject independently concludes a contract and obtains civil rights or bears civil obligations by its own acts.
The content of the contract must be determined or possible.
Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:
1) The perpetrator 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.
The condition for concluding the subject of the contract, that is, the parties must have the corresponding capacity for civil rights and civil conduct. The subject of the contract includes natural persons, legal persons and other organizations.
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