Does an oral authorization have a legal effect, and does an oral authorization be valid

Chinese law stipulates that an oral contract is a valid contract, and an oral entrustment is also a valid entrustment agreement, as long as the content of the entrustment agreement does not violate the mandatory provisions of the law; The parties' intentions are true and consistent; If it does not harm the interests of the state or a third party, it can be found to be valid.

Legal analysisSigning on behalf of the donor is a lawful act based on the authorization of the donor. This phenomenon is common in real life. According to the relevant laws and regulations, the contract entered into between the trustee and a third party in its own name and within the scope of the client's authorization, and the third party knows the relationship between the trustee and the client at the time of entering into the contract, the contract directly binds the principal and the third party, unless there is definite evidence to prove that the contract only binds the trustee and the third party.

If there is evidence to prove that both parties know that it is signed on behalf of the person, it will be fine, the cooperation agreement is not signed by me, whether it has legal effect depends on the specific circumstances, if it is signed by **person within the authority, signed on the cooperation agreement in the name without denying it, the signature is valid, and the cooperation agreement is also valid, if it is signed in the case of no right, beyond the right or after the termination of the right, after retrospective recognition, the signature is valid, and the cooperation agreement is valid. If it does not belong to the above circumstances, the signed cooperation agreement is invalid and not legally binding, as can be known from the above provisions, under normal circumstances, you can actually entrust yourself to sign the contract, but according to the requirements at this time, you need to issue the corresponding ** power of attorney, otherwise the act of signing the contract on behalf of the actor will not have legal effect. It is especially important to note that if the contract signed by itself involves a personal relationship, or the parties have agreed that the actor must implement it in person, it is naturally not possible, such as signing a divorce agreement.

Legal basisArticle 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use 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.

1. As we all know, jokes don't count. So verbal agreements that are clearly jokes don't count. This can be said to be an indication of the occurrence of a legal relationship that does not exist in China's civil law.

2. However, oral agreements are valid and protected by law, especially when there are witnesses, audio recordings and other evidence. China's contract law protects oral agreements, but there must be evidence.

Legal Discussion and Analysis: Effective, but it is difficult to prove the validity of the entrustment orally, so the parties can use written form to entrust the affairs with Huihu.

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

Article 165: Where the authorization is in writing, the power of attorney shall indicate the name of the person, the matter, authority, and time limit, and be signed or sealed by the person being entrusted to the company.

Article 161:Civil entities may carry out civil juristic acts through ** persons. In accordance with the provisions of law, the agreement of the parties, or the nature of the civil juristic act, the civil juristic act that shall be carried out by the person himself must not be **.

Article 162:Civil juristic acts carried out by **persons in the name of ** persons within the scope of their authority are effective against the ** persons.

Legal Analysis: Can be commissioned orally.

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

Article 919:An entrustment contract is a contract in which the trustee and the trustee agree that the trustee will handle the affairs of the client.

Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall report to the client afterwards when the situation is corrected and cleared.

It is possible to entrust someone else to sign the contract on your behalf. There are two forms of entrustment: oral entrustment and written entrustment. In a legal sense, if you orally entrust another person to sign a contract on your behalf, this situation is legally effective.

As long as the other party to the contract agrees, there is no problem. If the other party to the contract does not recognize it, it will involve the issue of how to prove the authority of entrustment, which is prone to unnecessary disputes. Article 8 of the Contract Law of the People's Republic of China stipulates that a contract established in accordance with law shall be legally binding on the parties.

The parties shall perform their obligations according to the agreement, and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.

Legal analysis: If the contract is signed on behalf of the authorized person without the authorization confirmed in writing by the authorized person, it shall be deemed to have no authority**.

However, the act carried out by the person without the right may not be in his own interests, and the law allows the person to make the contract effective through retrospective recognition. Therefore, according to the provisions of the Contract Law, the contract entered into by the person without the right to enter into in the name of another person is not automatically invalid, and its validity is in an undetermined state.

Therefore, if there is a verbal authorization, then the donor agrees to be bound by the contract after the contract is signed, and the contract is valid.

There are two forms of entrustment: oral entrustment and written entrustment. In a legal sense, the situation of orally entrusting another person to sign a contract on behalf of others has legal effect. As long as the other party to the contract agrees, there is no problem.

If the other party to the contract does not agree, it will involve the issue of how to prove the power of entrustment, which is prone to unnecessary disputes. In general, the power of attorney should be in writing, which is more convenient.

Legal basis: Contract Law of the People's Republic of China

Article 48: Contracts concluded in the name of the person subject to ** after the actor does not have ** rights, exceed ** rights, or are concluded in the name of the person subject to ** after the termination of ** rights, are not effective against the person being ** without the recognition of the person being **, and the actor is to bear responsibility.

The counterpart may urge the person being ** to make a retroactive recognition within one month. If it is not expressed by Youdan Zheng **, it will be regarded as a refusal to be recognized by Haosong. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

Article 49: Where the actor does not have the right to exceed the rights, or concludes a contract in the name of the person being the subject after the right is terminated, and the counterpart has reason to believe that the actor has the right, the act is valid.

Contracts come in written, oral, and other forms. The oral form is also a type of contract, and a contract concluded in oral form is valid as long as it complies with the provisions of the law, except that it must be in written form as required by law.

1. Does it count if you don't sign a contract verbally?

Although the parties did not sign a contract, an oral agreement was considered to be a contract. The conclusion of the contract may be in written, oral and other forms, except where laws and administrative regulations provide that the written form shall be used; In other cases, if the parties conclude a contract orally or in other forms in accordance with law, the contract is valid.

2. How long is the duration of the oral contract.

The oral contract is valid until the contract is completed. Oral contract, 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 shall not maliciously collude to harm the interests of the state, the collective or a third party; The meaning is true, the contract is formed, it has legal effect, and it is protected by law. The parties enter into a contract, including 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.

3. Whether an oral agreement is considered a labor contract.

A verbal agreement is also a pure false bridge contract. According to the relevant provisions of China's Civil Code, the parties to enter into a contract, there are written, oral and other forms, it can be seen that the oral contract is legally valid, except for the law that must be in written form, the contract concluded in oral form, as long as it complies with the provisions of the law, is a reputation contract.