The conditions for the establishment of the agreement, and what are the specific conditions for the

Updated on society 2024-05-04
8 answers
  1. Anonymous users2024-02-09

    1. The agreement does not violate the prohibitions of the law, and the intention is true, legal and valid.

    2. The presence or absence of a third party to testify does not affect the validity of the agreement.

    3. If the house itself is owned by you, you emphasize in the agreement that the woman has no ownership, which is redundant.

    4. The husband clearly states in the agreement that you waive the ownership of the bride price, if there is no evidence to the contrary to prove that it is not your true intention, it is generally valid, and the husband has no right to demand the return. Because, although the relevant law stipulates that the bride price in the engagement can be returned by the man, but you have expressly waived your ownership in the agreement, the waiver of ownership is valid.

    5. If you want to prove that the act of waiving the ownership of the bride price is invalid or can be changed or revoked, and ask the woman to return the bride price, you can refer to the following legal provisions.

    Article 58 of the General Principles of the Civil Law provides that the following civil acts are invalid: (1) carried out by a person who lacks capacity for civil conduct; (2) Where persons with limited capacity for civil conduct are unable to do so independently in accordance with law; (3) One party uses fraud or coercion or takes advantage of the danger of others to cause the other party to act contrary to its true intentions; (4) Maliciously colluding to harm the interests of the state, the collective, or a third party; (5) Violating the law or the public interest; (6) The economic contract violates the state's directive plan; (7) Concealing illegal purposes in a lawful form.

    Article 59 of the General Principles of the Civil Law provides that one party has the right to request the people's court or arbitration organ to modify or revoke the following civil acts: (1) the actor has a major misunderstanding of the content of the act; (2) Manifestly unfair.

    The People's Opinion provides relevant explanations for "fraud, coercion, taking advantage of people's danger, major misunderstanding, and manifest unfairness".

  2. Anonymous users2024-02-08

    The agreement is valid, but this agreement is not good for you, if there is no agreement, you will just get engaged and not married, the house is bought with your money, the house belongs to you, and the bride price can be returned.

  3. Anonymous users2024-02-07

    The two parties signed it voluntarily, and the content does not violate the laws and regulations of the country.

  4. Anonymous users2024-02-06

    The agreement itself is valid, there is no element of invalidity, and secondly, the bride price can be recovered according to a previous judicial precedent, which can be referred to the following judicial interpretation.

    Article 10 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (hereinafter referred to as the Judicial Interpretation (II) provides as follows: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

    1) The parties have not gone through the marriage registration formalities;

    2) The parties have gone through marriage registration formalities but do not live together;

    3) Payments made before marriage that cause hardship to the payor.

    If it makes sense, hopefully, thank you.

  5. Anonymous users2024-02-05

    Divorce Proceedings – Five Situations in which a Clean-Out Agreement Is Deemed Invalid by the Court.

    1) The validity of the content of the agreement involving the division of property is conditional on divorce by agreement, and the parties' choice of divorce by litigation makes the loyalty agreement invalid.

    2) The "fidelity agreement" restricts the freedom of divorce of one party and is invalid because it violates basic legal principles and the good customs of ordinary people.

    3) The content of the "loyalty agreement" is too strict, and its full implementation may lead to difficulties in the life of one party and an imbalance of interests, so the agreement is found to be invalid.

    4) The agreement is invalid due to the untruthfulness of the promise in the property part of the agreement.

    5) An agreement entered into by one spouse in exchange for a moral obligation with the other cannot be understood as an agreement to determine specific civil rights and obligations, so the loyalty agreement is found to be invalid.

    If the above 5 points are met, you can appeal that the agreement is invalid.

  6. Anonymous users2024-02-04

    1. There are two or more parties to the contracting party. The so-called contracting subject refers to the person who actually enters into the agreement, they can be both the future parties to the agreement or the first person of the parties to the agreement, the contracting subject is different from the subject of the agreement, the subject of the agreement is the party to the agreement relationship, and they are the people who actually enjoy the rights of the agreement and bear the obligations of the agreement.

    2. The agreement entered into by the parties must be carried out "in accordance with the law". The so-called "lawful" signing of an agreement means that the conclusion of the agreement must comply with the requirements of laws and administrative regulations, because the agreement stipulates the relationship of rights and obligations between the parties, and the rights and obligations are enjoyed and undertaken in accordance with the provisions of the law, so the conclusion of the agreement must comply with the provisions of laws and administrative regulations. If the agreement entered into by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it, so that the purpose of the agreement reached by the parties cannot be realized, and the conclusion of the agreement will lose its meaning.

    3. The parties must agree on the main terms of the agreement. That is, the agreement must be agreed upon by both parties. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining.

    4. The establishment of the agreement shall have the stage of offer and acceptance. The offer and acceptance are the basic rules for the formation of an agreement, and they are also the two stages that must be passed through for the formation of an agreement. If the agreement is not undertaken, but only stays at the offer stage, the agreement is not formed.

    An agreement begins with negotiations between the parties to the agreement and is formed by an agreement on an offer to the agreement and an undertaking to do so.

    The above are only the general conditions for the formation of the agreement. In fact, due to the different nature and content of agreements, many agreements have their own unique requirements for formation.

  7. Anonymous users2024-02-03

    Legal analysis: The conditions that must be met for the formation of a contract are: 1. The parties must express their intentions in the same way, that is, they agree, which is the fundamental requirement for the formation of a contract.

    Where there is an inconsistency in the expression of intent, that is, an agreement is reached but no agreement is reached, the contract cannot be established. 2. There must be two or more parties to the agreement. 3. The intention of the parties shall be expressed for the purpose of concluding the contract.

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

    Article 4 Where the parties conclude a contract in the form of a written contract, the contract shall be established 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. Laws, administrative regulations or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has fulfilled the main obligations, and the other party accepts it, the Tonghui contract is established.

    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.

  8. Anonymous users2024-02-02

    Lawyer's analysis: 1. The parties' intentions must be consistent, that is, agreement, and if the intentions are inconsistent, that is, although the agreement is not reached, the contract cannot be established. 2. There must be two or more parties to the agreement.

    It is impossible for one of the parties to agree and therefore to form a contract. 3. The expression of intent of the parties shall be based on the conclusion of the contract for the purpose of the Spring Banquet.

    Legal basis]:

    Civil Code of the People's Republic of China

    Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

    Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. When one of the parties has fulfilled the main obligation before signing, sealing, or fingerprinting, and the other party accepts it, the joint paragraph is established. When laws and administrative regulations stipulate or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

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