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Legal analysis: The receipt should have the amount, date, name of the beneficiary and a seal.
Legal basis: Negotiable Instruments Law of the People's Republic of China
Article 7 The signature on the bill shall be a signature, seal or signature with a seal.
The signature and seal of the legal person and other units using the instrument on the instrument shall be the seal of the legal person or the unit plus the signature of its legal representative or the person authorized by it.
The signature on the instrument shall be the real name of the party.
Article 8 The amount of the bill shall be recorded in both Chinese capitals and numbers, and the two must be consistent, and if the two are inconsistent, the bill shall be invalid.
Article 15 of the loss of the bill, the person who lost the bill may promptly notify the payer of the bill to report the loss and stop payment, however, the payer is not recorded or can not determine the payer and its ** payer of the bill.
The payer who receives the notice of loss report and stop payment shall suspend payment.
The person who lost the bill shall, within three days after notifying the loss of the bill and stopping payment, may also apply to the people's court for publicity and reminder in accordance with the law after the loss of the bill, or file a lawsuit with the people's court.
16th holder of the debtor of the instrument to exercise the right of the instrument, or preservation of the right of the instrument, shall be carried out in the business premises and business hours of the parties to the instrument, the party to the instrument has no place of business, shall be carried out at its residence.
A) the holder's rights to the drawer and acceptor of the instrument, two years from the maturity date of the instrument. Bills of exchange and promissory notes payable at sight shall be two years from the date of issue;
2) The bearer's rights to the drawer of the cheque shall be six months from the date of issuance;
C) the holder of the right of recourse to the previous hand, from the date of refusal to accept or refusal to pay for six months;
4) the holder of the recourse to the previous hand, three months from the date of settlement or the date of the lawsuit.
The date of issuance and maturity of the bill shall be determined by the parties to the bill in accordance with law.
18th holder due to the expiration of the right to the instrument or due to the lack of the right to the instrument to lose the right to the instrument, still enjoy civil rights, may request the drawer or acceptor to return its unpaid amount of the bill equivalent to the interest.
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If the receipt states the date and the payee, as well as the corresponding reason, then it is legally valid. The date is written first, and the date when the receipt is written should be based on the date when the payment is received. The company name is filled in according to the unit received.
If you buy something, you can write the payment, if you buy parts, you can write the payment for parts, etc., as long as the remarks are clear. Therefore, if it is clearly written in accordance with the above provisions, the receipt will have legal effect. In accordance with Article 463 of the Civil Code of the People's Republic of China, this Part regulates the civil relations arising from contracts.
Article 464 stipulates that a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465 also stipulates that contracts established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. Article 463 of the Civil Code of the People's Republic of China stipulates that this Part regulates civil relations arising from contracts.
Article 464 stipulates that a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465 also stipulates that contracts established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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1. How to write the receipt has legal effect.
1. Conditions for the receipt to have legal effect:
1) Both parties to the receipt have the corresponding capacity for civil conduct;
2) The receipt is the true expression of the intention of both parties;
3) The receipt does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
2. Legal basis: Article 140 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 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 is the writing format of the receipt?
1. Title. The title is written at the top of the text, in a slightly larger font. There are two ways to write a title:
1) It is directly composed of the name of the genre. That is, write the words "receipt" or "receipt";
2) Use the first three words of the text as the title, and write the text from the top of the second line. If the headings are "Received today", "Received", "Received";
2. Text. The text is usually written at the beginning of the second line with two blank spaces, but the receipt with the title "Received today" is not space-free. The text should generally indicate the following contents, that is, the amount of money and goods received, the type and specifications of the goods, etc.
If it is money received, write the reason for receiving the money;
3. Payment. The name of the person or unit receiving the money or goods is generally required to be written, the specific date of receipt is signed, and the official seal is generally affixed. If it is handled by someone, the word "handling person" should be signed before the name.
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In order for the receipt to have legal effect, it needs to include the basic information of the payee and the repayer, the specific amount of repayment, etc., and the party who signs the receipt shall have the corresponding civil capacity, and the act shall be the expression of its true intention, and shall not violate the provisions of the law or violate public order and good customs.
1. Is the prenuptial property agreement valid between husband and wife?
A matrimonial property agreement entered into before marriage is valid if it meets the conditions established by law. The husband and wife shall enter into a prenuptial property agreement in writing, and the content of the agreement shall not violate the provisions of laws and regulations, or shall not violate public order and good customs. According to the provisions of the law, 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 rules and regulations of laws and administrative regulations, and do not violate public order and good customs.
2. What is the legal effect of the yin-yang contract of second-hand housing?
The yin contract in the yin-yang contract of second-hand housing belongs to the true intention of the parties, and is generally recognized as having legal effect. The specific situation should be determined according to the specific circumstances in practice. A contract is a false expression of intent by the parties and has no legal effect.
According to Article 143 of the Civil Code, which came into effect in 2021, civil juristic acts that meet the following conditions are valid: (quietly 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. Article 146 stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.
The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
3. Whether the declaration of abandonment of real estate has legal effect.
If the parties have the capacity for civil conduct and voluntarily make a declaration of renunciation of property rights, the declaration does not violate the mandatory provisions of the law and public order and good customs, the declaration has legal effect. According to the provisions of law, 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.
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 provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 20. Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** are to carry out civil juristic acts.
First, whether receipts and receipts have legal effect depends on two factors: first, they are legal in content, which means that the receipts and receipts record real income and expenditure or loans; Second, it is formally legal, which means that the process of filling in receipts and receipts is voluntary, and there is no fraud, coercion, etc. Second, receipts generally refer to the financial accounting documents that have been printed, if the questions you mention belong to this category, according to the format of the receipt and the requirements of the project, fill in the comprehensive and truth-seeking without leaving blanks; Third, the receipt generally refers to the supporting materials written on blank paper, which requires the names of both parties, the amount of money or goods received or loaned, the reason for the receipt, expenditure or loan, whether there is interest or storage charges, the date of occurrence, and other relevant contents are recorded on the receipt, and signed and fingerprinted by both parties. >>>More
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