What is the legal protection of the rights and interests of third parties?

1. The ownership of the machine is the machine tool company, and he has the right to take it back, but he needs to negotiate with A because he owes A money. 2. If B signs a formal contract with A and buys it through the normal process, then the company cannot pull the machine from B's hand, and the transaction between B and A is protected. If it is forcibly pulled away by the company, B can call the police first, and if it can't be solved, he can sue A and the company with the contract.

1) The machine tool belongs to the "individual", the machine tool company and A are both creditors (2) common sense infers that the machine tool company and the "individual" have mortgage clauses on the machine tool, in this case, the income from the sale of the machine tool gives priority to the repayment of the debt of the machine tool company, and the rest repays the debt of A, otherwise the two creditors will divide according to the proportion of the debt (the excess money belongs to the "individual") (3) B buys the goods that he knows has defects in rights, and bears the risk, and the purchase is not protected; If it is recovered, it can be requested that the money be returned.

The third party usually refers to a third party that is relatively independent of the two parties to the contractual relationship and has a certain degree of impartiality, and the purpose of introducing a third party is generally to ensure the fairness and impartiality of the transaction and avoid disputes and fraud.

The third party in the recruitment process does not sign a contract with the recruiting company, but through the labor company, which is similar to the nature of temporary workers or labor workers, and generally has a lower income and treatment than the company's regular employees.

Third-party recommendation is a detailed and objective evaluation report issued through a professional career assessment system, which is attached to the back of the resume as a form of job search recommendation. On the one hand, it explains the job seeker's professional personality and career interests, and on the other hand, it is conducive to the employer to judge the matching situation between the job seeker and the position. The third-party recommended assessment system has been launched and has been well received by job seekers and employers.

1.The ownership of the machine is the machine tool company, and he has the right to take back 2You can get the machine from B, but B is not protected by law. Since A is a private mortgage, it is not protected by law.

Legal analysis: the right to equality, the right to vote and the right to be suffrage, freedom of speech, the press, assembly, association, procession, demonstration, freedom of religious belief, personal freedom, human dignity, inviolability of the home and freedom of correspondence, the right to work, the right to rest, the right to security of the life of retirees and the right of citizens to receive material assistance in the event of old age, illness or loss of labor, the right to education, freedom to carry out scientific research, literary and artistic creation and other cultural activities, women's political, economic, cultural, Equal rights with men in all aspects of social and family life, the protection of marriage, family, mothers and children by the State, the protection of the legitimate rights and interests of overseas Chinese, returned overseas Chinese and their relatives, the State and social security for the livelihood of disabled servicemen, the bereavement of the families of martyrs, the preferential treatment of the families of servicemen, the assistance of the State and society in arranging the work, life and education of blind, deaf, mute and other disabled citizens, and the right to complain, to accuse or report any illegal and dereliction of duty committed by any State organ or State functionary, Persons who have suffered losses as a result of violations of citizens' rights by State organs and State functionaries have the right to compensation in accordance with the law.

Legal basis: Article 990 of the Civil Code of the People's Republic of China: Personality rights are the rights enjoyed by civil subjects such as the right to life, the right to body, the right to health, the right to name, the right to name, the right to portrait, the right to reputation, the right to honor, and the right to privacy. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Constitution of the People's Republic of China

Article 33 All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China.

All citizens of the People's Republic of China are equal before the law. The State respects and protects human rights.

Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.

Article 34: Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family origin, religious belief, educational level, property status, or period of residence; However, this excepts apply to persons who have been deprived of their political rights in accordance with the law.

A tripartite agreement usually refers to an agreement signed by the three parties, which is legal and valid if it is signed in accordance with the law and there is no statutory contract invalidity. Whether the tripartite contract has legal effect, the answer is yes, one of the parties in the tripartite agreement is generally the intermediary party or the witness, as long as the tripartite contract is concluded does not violate the relevant laws and regulations, and the three parties have the conditions to conclude the contract, the tripartite contract is deemed to be valid.

According to the provisions of China's 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 provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal basis. Article 143 of the Civil Code of the People's Republic of China [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.

Legal Analysis: A tripartite agreement usually refers to an agreement entered into by three parties. Such an agreement is legally valid if it is concluded in accordance with the law and there is no statutory contract invalidity.

First of all, the tripartite agreement is a letter of intent signed between the graduate and the employer witnessed by the school, which has legal force but cannot replace the employment contract. In terms of legal nature, the "tripartite agreement" is an "appointment" in the civil law and contract law, and in principle, China's civil law and contract law are applicable, and are not subject to the "Labor Contract Law" and other laws. Of course, in the process of signing the tripartite agreement, China's labor laws, regulations and relevant employment policies cannot be violated, and if there is a breach of contract, it will be investigated for breach of contract liability in accordance with the corresponding provisions of the civil law.

Secondly, the tripartite agreement shall be terminated upon the arrival of the graduate at the employer, at which point the employer shall sign a written employment contract with the graduate, and the employment relationship shall be formally determined by both parties.

Legal basis: Article 2 of the Labor Contract Law This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Where a third-party contract meets the following conditions, it is protected by law: the actor has the corresponding capacity for civil conduct; The meaning means that it is true; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. A third-party contract refers to an employment contract in which an enterprise asks an employee to sign a labor contract with a third-party company, and then the third-party company dispatches the employee to work in the enterprise in the form of labor dispatch.

Civil Code of the People's Republic of China

Article 143.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding residual capacity for civil conduct;

2) The meaning is genuine;

Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Civil Code of the People's Republic of China

Article 506.

The following disclaimers in the contract are null and void:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing the other party's financial losses to roll over production.

Legal analysis: The following conditions are met to be protected by law: 1. The parties must have the corresponding capacity to conclude the contract when entering into the contract. 2. The intention of the parties to the contract is true. 3. The contract does not violate the law or the public interest.

Legal basis: Article 465 of the Civil Code of the People's Republic of China.

Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

When signing a tripartite contract, if the parties have the capacity for civil conduct, it is an expression of their true intentions, and it does not violate the mandatory provisions of the law and public order and good customs, it has legal effect. Article 143 of the Civil Code of the People's Republic of China [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.