Whether the oral agreement has legal effect

The law recognizes that oral agreements are also a form of contract, but once a dispute is encountered, it is difficult to deal with it, and it is basically maintained by the good faith of both parties.

In the case of oral contracts, it is advisable to have at least two disinterested parties who can testify to the existence and basic content of the contract. Other than that, there's really no good way to avoid risks in advance. It can only be remedied by some "means" after the fact.

It is advisable to sign a written contract after the verbal agreement in the future, which is good for both parties. (Lawyer Xu Changjiang).

As long as it is a consensus agreement reached by both parties and someone present can prove it, it has legal effect.

Analysis of the law of law: a contract agreed upon orally is legally valid. Oral contracts are just as legally valid as written contracts, and the process of making them is quick and easy.

An oral contract is an agreement reached orally without a written form, and this kind of agreement generally has legal effect.

Legal basis: Article 469 of the Civil Code of the People's Republic of China stipulates that the parties may enter into a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly expressed in electronic data interchange (EDI), electronic alteration mail, etc., and that can be accessed at any time for reference, are deemed to be in writing.

Oral agreements generally have the force of law.

1. The concept of oral agreement.

An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without writing form, and this kind of agreement generally has legal effect.

An oral agreement corresponds to a contract in written form. The law stipulates that some types of contracts must be signed in writing, otherwise they must be certified or confessed by a third party.

2. Validity of oral agreements.

1. Oral agreement is also an important form of expression in the form of contract. According to Article 10 of the Contract Law of the People's Republic of China, which stipulates that "the parties shall conclude a contract in written, oral and other forms", people may conclude contracts or agreements in oral form except for contracts in written form as stipulated by laws and administrative regulations.

2. Oral agreement, as long as its content does not violate the mandatory provisions of laws and administrative regulations; One party has not entered into a contract by means of fraud or coercion, which harms the interests of the state;

The two parties are not maliciously colluding to harm the interests of the state, the collective or a third party; The parties are not concealing illegal purposes in a lawful form; There is no harm to the public interest; The subject of the contract has the capacity for civil conduct and civil rights; If the intention is true, the contract is established and has legal effect and is protected by law.

A verbal agreement is a legal form of contract that can produce legal effect, but it is difficult to prove. It is advisable for both parties to sign a written agreement to reduce disputes.

An oral agreement refers to an agreement reached orally in the absence of a written contract between the two parties. Legally, an oral agreement is a legal form of contract that can produce legal effect. However, due to the lack of documentary evidence in the oral agreement and the difficulty in determining the specific content of the agreement, there may be more disputes and contradictions in the later implementation.

In addition, if the amount of money involved in the oral agreement is large, it may also threaten the interests of the person who is the subject of the agreement. Compared with oral agreements, written agreements are more acceptable to the parties, because written agreements can record the specific content of the agreement, which helps both parties to reduce disputes and conflicts in the later stage of implementation. Therefore, in order to avoid unnecessary risks and disputes, it is recommended that both parties try to sign a written agreement when reaching an agreement to ensure the safety and smooth progress of the transaction.

Do oral agreements have the same legal effect as written agreements? An oral agreement is a legal form of contract that can produce legal effects. However, because oral agreements are difficult to prove, they may be limited in terms of specific proof.

Written agreements, on the other hand, are relatively more convenient to prove because they are specifically documented. Therefore, it is recommended that both parties choose to sign a written agreement as much as possible when negotiating to reduce disputes and controversies.

Although an oral agreement has legal effect, in order to avoid unnecessary risks and disputes, it is recommended that both parties try to sign a written agreement when reaching an agreement and keep the evidence. If a written agreement cannot be signed, care needs to be taken to leave enough evidence to prove the validity of the agreement, such as recordings, call records, etc. If in doubt, you can also consult the relevant legal counsel or professional body for advice.

Legal basis]:

Article 9 of the Contract Law of the People's Republic of China When concluding a contract, the expression of intent of the parties shall conform to the provisions of the law, the public interest and public order and good customs.

Verbal termination of the agreement has legal effect. If a party claims to terminate the contract in accordance with law, it shall notify the other party. The notice may be made in written form or orally, and the contract shall be terminated when the notice reaches the other party.

If the parties reach a consensus through consultation, the contract may be terminated.

Legal basis]:

Article 565 of the Civil Code of the People's Republic of China Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.

A verbal agreement is valid. Civil law states that there are two forms of entering into a contract: the first is oral, and the second is written.

An agreement or contract concluded orally is valid as long as it is expressed in the true interest of both parties. When the parties conclude a contract, there are written forms, the form of oral dates, 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. Article 490 of the Civil Code provides that if the parties conclude a contract in the form of a written contract, the contract shall be concluded when all parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its main obligations and the other party has accepted it before the signature, seal or fingerprint is polished.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.