Is the personal commitment valid if it conflicts with national policies and laws?

Updated on society 2024-05-12
4 answers
  1. Anonymous users2024-02-10

    If the content of the individual commitment conflicts with national policies and laws, the content of the conflict is invalid, but it does not affect the validity of other contents of the commitment. If the content of the promise is not fulfilled due to national policy factors, it belongs to the invalid clause of the contract stipulated in Article 52 of the Contract Law of China, so the promise is invalid. Legal basis:

    Contract Law of the People's Republic of China

    Article 52 The contract shall be invalid under any of the following circumstances:

    1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

    2) Malicious collusion, harming the interests of the state, the collective, or a third party;

    3) Concealing illegal purposes in a lawful form;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

    Article 56 An invalid contract or a contract that has been revoked shall not be legally binding from the beginning. If part of the contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

  2. Anonymous users2024-02-09

    Hello, if your friend has made a promising promise knowing that the country has relevant policies and uses this promise to achieve other goals, then this is a breach of contract and suspected of fraud. If it can be proved that he is not aware of the relevant regulations, and it is clearly stated in the contract that "in case of force majeure such as changes in national policies, this contract shall be implemented in accordance with national policies", then there is no breach of contract.

    According to you, it is more likely that the situation falls into the first category, and if the parties reach an agreement voluntarily, then the agreement itself has legal effect. Hope it helps.

  3. Anonymous users2024-02-08

    Legal Analysis: Effective. Civil law is effective if the following conditions are met: (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 manners.

    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.

  4. Anonymous users2024-02-07

    The commitment of a person with full capacity for civil conduct is an expression of intent and has early legal effect. The law has different provisions on whether there is an expression of intent by a counterparty.

    Legal basis: Article 137 of the Civil Code of the People's Republic of China takes effect when the counterpart knows the content of an expression of intent made in the form of dialogue.

    Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart. Where an expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message shall take effect when it enters the specific system; Where a specific system is not specified, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.

Related questions
15 answers2024-05-12

Since childhood, you yourself should be greater than the state, because the country is the collective body of the people, and you are you after all, and you are not for anyone. >>>More

10 answers2024-05-12

If you have a letter of commitment about your family's financial difficulties, you still have to write down how difficult your family is and seek truth from facts.

1 answers2024-05-12

Student Integrity Pledge(a).

Letter of Commitment. Honesty and trustworthiness are the fine traditions of the Chinese nation, the basic requirements for the construction of civic morality, and the basic conditions for realizing self-worth. In order to enhance Hu Jin's own sense of creditworthiness, improve the quality of creditworthiness, establish a good image of creditworthiness among middle school students, strive to make himself a creditworthy person who meets the needs of socialism, and strive to be a qualified moral citizen. >>>More

12 answers2024-05-12

Love is inclusive rather than indulgent, love is caring rather than pampering, love is intermingling rather than unrequited love, love is all kinds of flavors and not all sweetness. >>>More

5 answers2024-05-12

Personal information, depending on what kind of data you need, if it is experience, then you need to check your personal file, if it is a credit problem, then go to the People's Bank of China to print, or which bank's card can be printed on which bank.