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Contracts can have an oral form.
But it can only be proved by other facts.
Therefore, no one will easily enter into a verbal contract.
That is, an oral contract or agreement is legally valid. But the question is how can you prove that there is such a verbal agreement between you.
It's best not to easily trust other people's verbal promises. Be careful with the upper gear.
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A verbal promise generally has no legal effect, and it should meet several conditions;
1. Both parties have true intentions, 2. There are witnesses.
3. There is physical evidence.
4. Before the other party has not fulfilled the commitment, it can be proposed to cancel the commitment
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The contract can be oral, but it must be proved by other facts.
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Yes, go to a lawyer.
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Since ancient times, it has been said that there is no basis for empty words, and example sentences are proof!
Unless you have a recording, but the recording doesn't matter.
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It depends.
The following can be used as a reference.
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There is no evidence for empty words, and the sentences are proof!
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Legal Analysis: The Letter of Commitment has the force of law. The letter of commitment generally refers to the expression of intent of one party to promise to the other party to do or not to do a certain act, which must be the true expression of intention of the parties and does not violate the relevant provisions of laws and regulations, and takes effect when the letter of commitment reaches the other party.
Legal basis: Civil Code of the People's Republic of China
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. The contract is concluded when one of the parties has fulfilled its primary obligations and the other party accepts it before signing, sealing, or fingerprinting.
When laws or administrative regulations stipulate or the parties agree that a 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.
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 complete the approval process affects the validity 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 relevant land rejection 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.
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Verbal promises have the force of law. The law stipulates that the parties may enter into a contract orally. A contract concluded orally is a valid contract and binding on both parties as long as it conforms to the true intentions of both parties and the content of the contract does not violate the mandatory provisions of laws and regulations.
1. Does the oral agreement in the contract have legal effect?
An oral agreement in a contract is legally valid if it meets the statutory conditions for validity. The specific conditions include that the parties express their true intentions, and the content is lawful, does not violate public order and good customs, and the parties have the capacity for civil conduct to conclude the contract, it has legal effect. The parties may conclude a contract in oral form, written form or other forms in accordance with the law.
2. What platforms in the society agree that renting a house is valid?
The social platform agrees to rent a house and negotiates the details of the rental content, etc., which is an oral agreement, and an agreement or contract concluded orally is valid as long as it is expressed out of the true intentions of both parties. 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.
Where the parties agree to use written form, it shall be in written form. Although oral agreements have the same legal effect, they have limitations, and they need to provide relevant evidence, records, or third-party witnesses.
3. Is the oral agreement of the sales contract valid?
An oral form of contract refers to the conclusion of a contract between the parties by means of direct dialogue or by means of communication equipment such as ** conversation. The oral form of the contract does not need to be agreed upon by the parties. Where there is no agreement between the parties or where the law does not provide for a specific form of contract, it may be in oral form.
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 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 contract has the capacity for civil conduct and civil rights; If the intention is true, the contract is established and has legal effect and is protected by law.
Article 469 of the Civil Code.
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 represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
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The letter of undertaking has the force of law. A letter of commitment is actually a type of contract, and what is legally concluded is of course legally binding. Therefore, as long as the letter of commitment is an expression of the true intention of the parties, the content and form are legal, and there is no invalidity, it is valid to accompany Li.
Article 465 of the Civil Code provides that contracts established in accordance with law are protected by law. A lawfully established contract shall only be legally binding on the parties, unless otherwise provided by law.
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Legal analysis: The letter of commitment is actually a kind of contract, of course, it has legal effect, but the letter of commitment must meet the three conditions at the same time
1. It is a reflection of the true will of the parties;
2. There is no violation of relevant laws and regulations;
3. There is no infringement of the interests of others.
Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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As long as the third-party representative is a true expression of intent, and the parties have evidence to prove the content of their oral commitment, the oral commitment has legal effect. The law allows the parties to make a promise orally, but it also depends on whether the content of the specific promise complies with the provisions of the law, so it cannot be concluded that the oral promise must have legal effect, and the kind of oral promise that clearly violates the law is naturally not legally effective and is not protected by law.
Legal analysis. Verbal promises are equally legally binding. Civil juristic acts may be in written, oral, or other forms, and where the law provides for the use of specific forms, those provisions shall be followed.
As long as the third-party representative is an expression of true intentions, there is no fraud, coercion, or other circumstances that should be determined to be invalid or revocable or modifiable civil juristic acts in accordance with the law, and the parties have evidence to prove the content of their oral promises, the oral promises have legal effect. The law requires that civil activities should follow the principles of voluntariness, fairness, equivalent compensation, honesty and trustworthiness, and China has had the value of "people do not stand without trust" since ancient times, so the third-party representatives described in the question should fulfill their obligations in accordance with oral commitments. This is both a moral and a legal requirement.
However, oral commitments are unstable, and if the other party does not admit them, and the other party is unable to effectively provide evidence, it may lead to the situation that the other party may not fulfill the commitment. Therefore, it is very important to restore the objective situation at that time, that is, it is very important for the parties to be able to prove the content of the other party's commitment.
Legal basis. Civil Code of the People's Republic of China
Article 135: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.
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Audio recordings can be used as a kind of evidence, and if the evidentiary conditions are met, they have evidentiary effect. A promise is a promise contract, as long as the promise does not violate laws and regulations and public order and good customs, and the promise (responsibility and obligation) is recognized by both parties, it is valid. However, if it violates laws and regulations, public order and good customs, or common sense, such a promise is invalid when the promiser fails to perform.
Article 66 of the Civil Procedure Law Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 67: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall, in accordance with Zheng Naoqin's legally-prescribed procedures, comprehensively and objectively review and verify the evidence.
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