Is such an oral agreement legally valid?

Hello, the agreement between you is valid as long as it does not violate the mandatory provisions of laws and regulations. If you need to comprehensively prevent risks, and at the same time need the agreement to comply with the provisions of the law to take legal effect, it is recommended to entrust a lawyer to draft it more reliable, otherwise it will definitely not have the desired effect.

Oral agreements are legally valid, but written documents can better clarify the rights and obligations of both parties, and it is also convenient to present evidence. Now, because there is no evidence to be adduced, the other party does not admit it, and it is impossible to determine the legal fact of the existence of such an oral agreement, and if you are in court, you will bear adverse consequences.

Of course, it is best to be able to negotiate, as long as you don't lose money, you should recognize a fox friend and dog friend.

1. First of all, oral agreement is an act permitted by law and will produce legal effects;

2. Secondly, the oral agreement should preserve the evidence of the oral agreement as much as possible, because it is difficult to provide evidence once the oral agreement has a dispute;

3. Finally, oral agreements, including written agreements, must comply with the laws and regulations of our country, otherwise they are invalid.

Hello, this case can still be operated with the help of the agreement between you and him (if there is anything similar), the distribution of money, the records of your correspondence with the construction company, the certificate of the construction company, and so on. If necessary, please feel free to contact us.

Hello, according to your description, if the oral agreement is not supported by relevant evidence, the court will not find it, and it is recommended that you first collect evidence to prove that the agreement has been fulfilled.

Isn't this an obvious crossing of the river and the demolition of the bridge!! If it can't be resolved verbally, so as to prevent him from taking the money and leaving, go directly to a lawyer as soon as possible!!

Let's find him first.

Legal analysis: Oral contracts generally have legal effect as long as the content is legal. A legally binding contract is generally subject to three conditions:

1. The actor who signs the contract shall have the corresponding ability to perform civil acts. 2. The content of the contract is the expression of the true intentions of both parties. 3. Do not violate the law and social public interests.

Legal basis: According to 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 meaning is genuine;

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

An oral agreement is a kind of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without written form, and this kind of agreement generally has the legal effect of God. An oral agreement corresponds to a contract in written form. The law stipulates that contracts for some types of travelers must be signed in writing, otherwise they must be certified or confessed by a third party.

Article 10 of the Contract Law of the People's Republic of China stipulates that "the parties to a contract shall enter into a contract in writing, oral and other forms".

We all know that oral agreement is a kind of agreement, but it has its very obvious limitations, it refers to the agreement reached orally without written form, and this kind of agreement generally has legal effect. A verbal agreement corresponds to an agreement in written form. 1. Oral agreements are generally legally effectiveAccording to Article 10 of the Agreement Law of the People's Republic of China, which stipulates that "the parties shall enter into an agreement in written, oral and other forms", people may enter into agreements or agreements in oral form except for agreements in written form as provided by laws and administrative regulations.

Article 8 of the Agreement Law of the People's Republic of China stipulates that an agreement established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the agreement without authorization.

Therefore, the agreement signed by the two parties in accordance with the law and voluntarily is protected by law, of course, including oral agreement, but how to confirm whether the oral agreement is genuine, the parties also need to keep the relevant information, such as the original receipt, list, receipt and delivery documents, signature form, etc., in case of emergency. 2. The law stipulates that some types of agreements must be signed in writing, and in this case, where the oral agreement is not legally effective, and the laws and administrative regulations that provide for the use of written form, shall be in written form. Where the parties agree to use written form, it shall be in written form.

Written form refers to the form in which the contents of the agreement, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mail) can be tangibly revealed. 3. The oral agreement shall not violate the prohibitive provisions of the law, as long as its content does not violate the mandatory provisions of laws and administrative regulations; One party has not entered into an agreement 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 agreement has the capacity for civil conduct and civil rights; If the intention is true, this agreement is established and has legal effect and is protected by law. The law stipulates that an agreement may be made in writing or orally.

An oral agreement is easier to implement than a written agreement, as long as the law does not require a written agreement, and an oral agreement is also valid as long as it is a true expression of the intention of both parties. According to the national law, written agreements must be adopted, such as construction project agreements, technology development agreements, housing sales agreements, etc., if such agreements take the form of oral agreements, then Yuan Minghu can be regarded as invalid and not protected by law.

Civil Code of the People's Republic of China

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 expressed in electronic data hail exchanges, e-mails, etc., and that can be accessed at any time for reference, are deemed to be in writing.

Oral agreements have the force of law. The parties enter into a contract in written, oral and other forms. However, it is necessary to meet the requirements that the actor has the corresponding ability to conduct civil conduct and conduct interviews; The meaning means that it is true; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate the statutory requirements for public order and good customs.

[Legal basis].

Article 14 and 13 of the Civil Code of the People's Republic of China are valid for civil juristic acts that meet the following conditions: (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 144:Civil juristic acts carried out by persons who do not have the capacity to act in civil affairs are invalid.

Legal analysis: Oral agreement is also an important form of imitation silver in the form of contract. 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.

Legal basis: Article 10 of the Contract Law of the People's Republic of China 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. The parties agree to be in writing.

In the form, the sail banquet should be prepared in the form of a written sedan chair.

Legal effect of oral agreement: Oral agreement is a type of contract, and it has legal effect as long as it meets the conditions for the conclusion of the contract. The conclusion of the contract must not violate the law or violate public order and good customs, and at the same time, both parties must be subjects with civil conduct capacity and civil rights.

[Legal basis].Article 135 of the Civil Code of the People's Republic of China.

Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.

Article 136.

Civil juristic acts take effect when they are established, except as otherwise provided by law or otherwise agreed upon by the parties.

The perpetrator must not modify or dissolve the civil juristic act without the consent of the other party except in accordance with the provisions of law or without the consent of the other party.

Does the oral agreement reached by the parties have the force of law.

1. If there is evidence to prove the existence of an oral agreement, the oral agreement has legal effect.

2. The parties conclude a contract in written, oral and other forms. A contract established in accordance with law shall take effect from the time of its establishment. 3. However, if there is no evidence (more than two disinterested persons) and no certificate to prove the existence of an oral agreement, it is difficult to determine that there is an oral agreement.

Once the oral agreement is brought to the court, the claimant must provide evidence of the contractual agreement at that time, and it is difficult to admit such cases due to the great arbitrariness of the witnesses' testimony, so it is necessary for the claimant to provide indirect evidence when performing the contract at that time, and the faxes, e-mails, bills, recordings, chat records, etc. exchanged between the two parties when performing the oral contract.