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1. Ping belongs to the category of homestead in rural areas, and its ownership is owned by rural collectives, and no individual has ownership.
2. What is replaced in the contract is the right to use the land. According to the law, the right to use land can be transferred according to a contract. So the contract is a valid contract.
However, in terms of content, on the one hand, the contract agrees to replace the right of use, and on the other hand, it is written that the right of use will always belong to Party A, which is a contradiction.
3. The other party repents and unilaterally terminates the contract without authorization. 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 in accordance with the agreement and shall not modify or terminate the contract without authorization.
Unilaterally terminating the contract without authorization violates the relevant provisions of the Contract Law, and shall bear the corresponding legal responsibility for its breach of contract. shall bear the liability for breach of contract.
4. Article 113 of the Contract Law stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen when entering into the contract.
5. In view of the fact that your contract is an barter, one party repents, and it is difficult to continue to perform the contract, therefore, compensation for losses is generally taken as the liability for breach of contract. You can negotiate with the other party for liquidated damages, or you can sue the court for damages. Since there is no clause in your contract such as liquidated damages, you must prove to the court the losses you have suffered as a result.
If there is no loss, it is difficult to obtain compensation by suing.
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Partial invalidity, the ownership of land belongs to the state or collective, and cannot be agreed to belong to individuals, and at the same time, if it is a rural collective land use right, there are also legal provisions.
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The agreement shall be legally binding. The main conditions for the validity of the agreement are:
1. The actor has the corresponding capacity for civil conduct;
2. The intention of the parties is true and consistent;
3. The content of the agreement and the signing procedure do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
[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 490.
If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
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1.Effective. 2.
According to the law, the parties have the corresponding capacity for civil rights and civil conduct, and enjoy the right to voluntarily conclude a contract in accordance with the law, and the content of the contract does not violate the provisions of the law, and there is no invalidity of the contract as stipulated by the law, and the contract is legal and valid. 3.Article 502 of the Civil Code provides that a contract established in accordance with law shall take effect upon its 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.
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Legal analysis: In the case of a person with full capacity for civil conduct, the agreement reached is valid and should be complied with. An agreement between family members on property agreements, etc., is a disposition of one's own rights and has legal effect, except for mandatory provisions involving personal relationships.
Legal basis: Civil Code of the People's Republic of China
Article 464:A contract is an agreement between civil entities 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:Contracts established in accordance with 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.
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The agreement is legally binding。An agreement that is in force has legal effect, and an agreement that is not in force is not. The agreement generally also belongs to the scope of the contract, which is a contract signed by the civil subjects of both parties through negotiation and established in accordance with the law, which is protected by law and legally binding on the parties.
If the agreement has a statutory invalidity, the agreement shall not have legal effect from the beginning.
The role of the agreementThe two parties to the agreement agree on the terms and conditions of mutual recognition, so as to reduce conflicts and disputes after the fact. A valid agreement is generally legally binding. Therefore, it is better to jointly set up a business and draw up an agreement.
The two parties to the agreement agree on the terms and conditions of mutual recognition, so as to reduce conflicts and disputes after the fact. A valid agreement is generally legally binding. Therefore, it is better to jointly set up a business and draw up an agreement.
Declare a range of methods that can be implemented by any class, even if classes that adhere to the protocol do not have a common superclass. The protocol approach defines behavior independent of any particular class. To put it simply, a protocol defines an interface, and other classes are responsible for implementing those interfaces.
If your class implements a protocol's methods, it is said that the class follows that protocol.
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Yes, as long as the agreement between the two parties is an expression of the true intention of both parties, and the content does not violate the mandatory provisions of laws and administrative regulations and public order and good customs, it is legally effective.
1. Is the agreement on the sale and purchase of resettlement housing valid in the Civil Code?
The agreement for the sale and purchase of resettlement housing is valid as long as it is an expression of the true intention of both parties and does not violate the prohibitions of laws and regulations. However, because the resettlement house cannot be traded for three years, and the property rights of the resettlement house are prone to disputes, the agreement on the sale and purchase of the resettlement house may not be performed, and the buyer will eventually have the risk of not getting the right to the resettlement property. Article 143 of the Civil Code provides that 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. Whether the divorce by prenuptial agreement has legal effect.
Whether a divorce by prenuptial agreement has legal effect depends on whether the conditions are met, as follows:
1. The actor has the corresponding capacity for civil conduct;
2. Expressing the true intentions of both parties;
3. There is no violation of the mandatory provisions of laws and administrative regulations, and there is no violation of social order and good customs, and only if the prenuptial agreement meets the above three conditions, then the prenuptial agreement divorce will have legal effect.
3. Loyalty agreements in love.
For the loyalty agreement signed during the relationship, if the true intention of both parties is expressed, and the content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, it will have legal effect. However, it is not possible to generalize as to whether the fidelity agreement signed by the unmarried cohabiting parties can be protected by law.
Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions:
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.
The verbal agreement is valid.
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