Is the third party to the contract legally enforceable?

Updated on society 2024-04-16
7 answers
  1. Anonymous users2024-02-07

    A tripartite agreement is usually only an agreement signed by three parties, and such an agreement 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.

  2. Anonymous users2024-02-06

    Tripartite contracts are legally binding. As long as the tripartite contract concluded does not violate the mandatory provisions of laws and administrative regulations, and the three parties are qualified to enter into the contract, and the conclusion of the contract is the true expression of the intention of the parties, the conclusion of the tripartite contract is valid. In the process of signing the tripartite agreement, it is also necessary to violate China's labor laws, regulations and relevant employment policies, and if there is a breach of contract, it will be investigated for breach of contract in accordance with the corresponding provisions of the civil law.

    Legal analysis

    Tripartite contracts are legally binding. Once the tripartite agreement is signed, either party shall not terminate it without authorization, otherwise the breaching party shall pay the liquidated damages stipulated in the terms of the agreement to the party whose rights are damaged. Such an agreement is legally valid if it is concluded in accordance with the law and there is no statutory contract invalidity.

    Tripartite contracts are legally binding. The tripartite contract is an anonymous contract under the law, so it has legal effect if it meets the constitutive elements of the contract law, and one of the parties in the tripartite agreement is generally an intermediary or a witness, as long as the tripartite contract concluded does not violate the relevant laws and regulations, and the three parties have the conditions to conclude the contract, the tripartite contract concluded is deemed to be valid. Therefore, tripartite contracts are also regulated by law.

    The parties enter into 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.

    Legal basis

    Civil Code of the People's Republic of China

    Article 502:Contracts established in accordance with law shall take effect upon their 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.

    Article 469:The parties may conclude 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 represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

  3. Anonymous users2024-02-05

    The contract is only binding between the parties and is not binding on the third party.

  4. Anonymous users2024-02-04

    As long as it is a contract, no matter how many parties there are, as long as the dry circle is in it, it is bound by law, so the third party is also legally valid. This means that the law is fair, just, and open.

  5. Anonymous users2024-02-03

    The third party to the contract also needs to sign the contract, but the third party is generally not contractually liable. The third party acts as a witness to the supervision of the contract.

  6. Anonymous users2024-02-02

    The tripartite auspicious agreement is usually only an agreement signed by the three parties, and if such an agreement is signed in accordance with the law, and there is no statutory contract without the validity of the contract, it is legal and valid.

  7. Anonymous users2024-02-01

    Legal analysis: It is valid if the following conditions are met: 1. The parties must have the corresponding capacity to conclude the contract at the time of 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; (File Fortune 7) Liability for breach of contract; (8) The methods of dispute resolution are scattered. The parties may conclude a contract with reference to the model texts of various types of contracts.

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