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The husband and wife make a contract for the problems that may arise on both parties, and the content involves many aspects, such as agreeing on the ownership of property, agreeing on the amount of compensation to be paid to the other party in case of infidelity, and even agreeing on the cost of empty beds. Whether it has legal effect depends on the situation:
Paragraph 2 of Article 2 of the Contract Law stipulates that "the provisions of other laws shall apply to agreements related to status relationships such as marriage, adoption, guardianship", that is, the relevant provisions of the Contract Law cannot be applied to agreements on marital relations, but according to Article 19, Paragraph 2 of the Marriage Law, which stipulates that "the agreement between husband and wife on property acquired during the existence of marital relationship and property before marriage shall be binding on both parties", the Marriage Law provides full protection for the agreement between husband and wife on property.
As long as the agreement entered into voluntarily by both parties does not violate the prohibitions of the law, the autonomy of the parties to the marriage should be respected. It shall be handled in accordance with the agreement of the parties. However, if the agreement violates the prohibitions of the law, its validity shall be denied.
If there is an agreement that "if either party files for divorce after marriage, compensation shall be paid to the other party", the agreement is invalid because it violates the basic principle of freedom of marriage. It restricts the exercise of the parties' right to freedom of divorce and has no legal effect.
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Property agreements during the marriage relationship shall be found to be valid if their content is lawful.
The description has not been illegal.
Signed by both parties, effective immediately. and have legal effect.
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The form is greater than the reality, and there is almost no operability.
The agreement on joint property is meaningless because it is already expressly provided for in the Marriage Law;
It is not allowed to deal with it privately, it is not allowed to lend money to others, and it is not allowed to borrow money from others, these are not operational.
And then the expression "property includes daughter" is really a bit abrupt, I don't know what you think?
Of course, you can see your difficulties, but with this agreement, there is still a certain deterrent effect if you don't puncture it, and I hope your husband will find his way back. I wish you a happy marriage too!
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This is considered the agreement between your husband and wife on property, and the meaning is true and valid.
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In fact, in a marriage, the property of both parties in the course of the marriage is joint property, and the act of disposing of the property without the consent of the other party is invalid, and only a bona fide third party can defend the ownership of the property. So it doesn't feel like it's very necessary, the front. In addition, if you want to restrain him, you can explain to those who gamble with him that he no longer has any money in his hands and that the foreign debts he owes outside the country have nothing to do with the family.
You can also go through legal proceedings to transfer the property into your name.
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It's okay to write like this, but you have to go to the [notary office] to be impartial, otherwise it's just a piece of waste paper in front of the law.
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For example, if Party A borrows money outside without permission, although the agreement does not allow it, the third party can still sue both parties, as well as the problem of children, if Party B does not have the ability to raise the daughter or is not suitable for raising it, you can still ask for a change! Usually in practice, in order to fight for its own property, Party A can completely form a foreign debt through bank accounting, with a real form of borrowing, and then sue both parties through a third party and then get back its own property from the third party, so such an agreement, prudent!
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The content of the agreement is not illegal, and the two parties sign it voluntarily, that is, it has legal effect.
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All the property of Party A is the joint property of Party A and Party B, and Party A shall not handle any financial affairs privately".
This is nonsense, you don't write that the law stipulates the principle of disposition of joint property of husband and wife in this way.
Party A shall not lend money to relatives or friends or borrow money from relatives and friends without the consent of Party B".
This article is valid and belongs to the civil contract relationship, and it will take effect when both parties agree to it.
If Party A violates the above provisions, all the property of Party A and Party B, including the right to support the daughter, shall be owned by Party B. ”
This article is invalid in part, the property rights are invalid in part, and the part involving parental rights is invalid. The property can be given to Party B according to the agreement, but if Party B is a drug addict, he cannot obtain custody.
However, this agreement is seriously unequal, unilaterally increasing Party A's obligations and reducing Party B's obligations, and Party A can revoke it on the grounds of "showing fairness".
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Legal analysis: 1. It must be the true intention of both parties, both parties have full capacity for civil conduct, and one party shall not defraud or coerce the other party to sign the agreement.
2. The husband and wife agreement shall take effect after being signed or sealed by both parties, unless otherwise agreed in the agreement.
3. The content of the agreement shall not violate the prohibitive provisions of the law and shall not violate the principles of public order and good customs.
4. It is also forbidden to maliciously collude to damage the legitimate rights and interests of the state, the collective, and the third party.
Legal basis: 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.
Article 1065: A man and a woman may agree that property acquired during marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Legal Analysis: The content is legal. A letter of guarantee or agreement is an agreement or guarantee voluntarily signed by both parties, and it has legal effect after both parties sign and press their fingerprints.
Notarization at a local notary office. The agreement shall be in writing. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
Legal basis: Article 1065 of the Civil Code stipulates that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
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The agreement signed by the husband and wife must be valid if the following conditions are met: it must be the true intention of both parties, both parties have full capacity for civil conduct, and one party shall not defraud or coerce the other party to sign the agreement when signing the agreement. It shall take effect after being signed or sealed by both parties.
Prohibitive provisions of the law must not be violated, and the principles of public order and good customs must not be violated. They must not maliciously collude to harm the lawful rights and interests of the state, collectives, or third parties.
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Summary. The legal validity of the agreement between the spouses mainly depends on the following factors:1
Legitimacy: The agreement between the spouses must comply with the law. If the agreement violates laws and regulations or public order and morals, then the agreement will be null and void.
2.Authenticity: The agreement between the husband and wife must be genuine, and both parties must reach an agreement without any form of deception, threats, etc.
If one party is forced to sign an agreement or if there is a misrepresentation in the agreement, the agreement will also be null and void. 3.Voluntary:
The agreement between the husband and wife must be voluntary and not enforceable. The content of the agreement should be a true expression of the intentions of both parties, not a mandatory requirement of either party. 4.
Notarization: The agreement between the husband and wife can be notarized, which can increase the evidentiary value and legal effect of the agreement. The notary will thank you for your consultation on the agreement I wish you a happy life If there is anything else you don't know, you are also welcome to ask <>
The legal validity of the agreement between the spouses mainly depends on the following factors:1Legitimacy:
The agreement between the spouses must comply with the laws of the town. If the agreement violates laws and regulations or public order and morals, then the agreement will be null and void. 2.
Authenticity: The agreement between the husband and wife must be genuine, and both parties must reach an agreement without any form of deception, threats, etc. If one party is forced to sign an agreement or if there is misrepresentation in the content of the agreement, the agreement will also be null and void.
3.Voluntary: The agreement between the husband and wife must be voluntary and cannot be compulsory.
The content of the agreement should be a true expression of the intentions of both parties, not a mandatory requirement of either party. 4.Notarization:
The agreement between the husband and wife can be notarized, which can increase the evidentiary value and legal effect of the agreement. The notary will thank you for your consultation on the agreement I wish you a happy life If there is anything else you don't know, you are also welcome to ask <>
The specific validity of the agreement between the husband and wife also needs to be judged according to the specific circumstances, because in some special circumstances, such as divorce disputes, the agreement will generally be considered ineffective by the law. Therefore, it is recommended that couples consult a professional lawyer before signing the agreement to ensure that the agreement is legal and valid. [Great Song of Red Flowers].
There are quite a few problems:
1. The ownership of the house is based on registration, that is to say, the owner registered on the house ownership certificate is the legally recognized owner. Therefore, if such an agreement is required, the document number of the certificate of ownership of the house, the original owner and other information should be listed, and a copy of the certificate should be attached to it. >>>More
Although the third article is to tacitly accept that Party A will only sign when he receives the money, but Party B does not actually make the payment, if Party B wants to claim that Party A's signature is to receive the money, he must provide evidence, but it is obviously not in line with the facts. For the delivery of the subject matter by both parties on the date of signing, my personal feeling should be understood as the date on which the contract takes effect, otherwise it does not meet the purpose of writing it in this way. In this way, it is a conditional contract, and neither party has fulfilled its obligations, and the contract has not entered into force. >>>More
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