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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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The agreement shall meet the following conditions for legal effect:
1. The actor has the corresponding capacity for civil conduct;
2. The meaning is true;
3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
There are broad and narrow definitions of agreements. In a broad sense, an agreement refers to a "contract" document commonly used by a social group or individual in dealing with various social relations and affairs, including contracts, protocols, treaties, conventions, joint declarations, joint statements, articles, etc. In the narrow sense, an agreement refers to a contractual instrument with economic or other relations concluded by a state, a political party, an enterprise, a group or an individual on a certain issue after negotiation or joint consultation.
The agreement is an important part of applied writing.
Labor Contract Law of the People's Republic of China
Article 59.
A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the entity accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.
The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
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Legal Analysis: Legally Binding Agreement Format:
In accordance with the provisions of relevant laws, regulations and national policies, Party A and Party B shall reach an agreement on matters related to cooperation and conclude a contract based on the principle of equal consultation and voluntary compensation. 1. Title: The name of the two parties, and the agreement consists of three parts.
2. Text: the content of the terms, the purpose of the negotiation, the responsibility for the purpose of the negotiation, the time and duration of the agreement, the terms and remuneration of the purpose of the negotiation (** the total amount must be capitalized and the currency must be specified), the time limit for performing the terms, the responsibility for violating the terms, the payment (signing), and the date of signing. The purpose of entering into an agreement is to better fix the responsibilities assumed by the agreement between the two parties from the institutional and even legal perspectives.
As a binding evidentiary document that can clarify the rights and obligations of each other, the agreement has a binding effect on both parties (or parties), and it can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract.
Legal basis: Article 16 of the Opinions of the Supreme People's Court on the Specific Handling of Cases Involving Disputes over Housing Transfer Contracts Article 16 Where the lessor knows or should have known that the lessee has subleased, but has not raised an objection within six months, and requests to terminate the contract or finds the sublease contract invalid on the grounds that the lessee has not consented, the people's court shall not support it.
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Legal Analysis: The agreement has legal effect. However, the agreement must meet the following conditions in order to be legally valid
1. Both parties to the agreement have the corresponding capacity for conduct;
2. The agreement can reflect the true intentions of both parties to the agreement;
3. The content and form of the agreement are legal.
Legal basis: Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements 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: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 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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The agreement is legally bindingBecause the essence of the agreement is also a kind of contract, as long as the agreement is concluded after the parties have reached an agreement on the true expression of intent, and both parties have the corresponding civil capacity, and the content of the agreement does not violate the provisions of the law and social order and good customs, it is a legal and valid agreement and can take effect in law.
How to write the agreement to be valid.
The conditions for the validity of the agreement are as follows:
1. Ensure the legitimacy of the content, and the content cannot violate the mandatory provisions of the law;
2. The content of the agreement should be concise and direct, and clearly stipulate the rights, obligations, liability for breach of contract, conditions for terminating the contract, validity period and other elements of the parties according to the type of agreement;
3. The information of the parties to the agreement is true and accurate;
4. The signature and seal are true.
[Legal basis].Article 148 of the Civil Code of the People's Republic of China.
Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 143.
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.
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Legal analysis: As long as the civil juristic acts comply with the provisions of Article 143 of the Civil Code of the People's Republic of China, they are valid. However, the agreement is not enforceable.
Legal basis: According to 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.
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Whether the agreement has legal effect depends on whether the agreement meets the provisions of the Civil Code of the People's Republic of China. It's that both parties are well-intentioned. 2. The contract complies with the law.
That is, there are no additional circumstances provided for by statute. These include: one party signs a contract by means of fraud or coercion, maliciously colludes and damages the interests of a third party, the purpose is illegal, but it is covered up in a legal form.
These are illegal contracts.
Civil Code of the People's Republic of China
Article 52.
Statutory circumstances in which a contract is invalid.
The contract shall be invalid under any of the following circumstances: (1) one party concludes the 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 53.
Invalidity of contractual disclaimers.
The following exemption clauses in the contract are invalid: (1) causing personal injury to the other party; (2) Intentionally or grossly negligently causing damage to the other party's property.
Article 54.
Voidable Contract.
One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts: (1) concluded due to a material misunderstanding; (2) It is obviously unfair at the time of the conclusion of the contract. If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.
Where a party requests a modification, the people's court or arbitration institution must not revoke it.
Article 55 Extinguishment of the right of revocation.
In any of the following circumstances, the right of revocation shall be extinguished: (1) the party with the right of revocation has not exercised the right of revocation within one year from the date on which the party with the right of revocation knew or should have known the reasons for revocation; (2) The party with the right of revocation expressly expresses or waives the right of revocation by its own conduct after knowing the reasons for revocation.
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Legal analysis: the actor has the corresponding capacity for civil conduct; The meaning means that it is true; If it 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.
Legal basis: Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements 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 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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.
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The signed agreement is generally legally effective, and the essence of the agreement is a contract, as long as the content of the agreement is not prohibited by law, and it is reached under the fair and voluntary circumstances of both parties, it has legal effect. At the same time, if the content of the agreement involves some provisions prohibited by law, the legal effect of the agreement cannot be completely negated, but the provisions that prohibit the law will be invalid.
[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 156 of the Civil Code of the People's Republic of China stipulates that if a civil juristic act is partially invalid and does not affect the validity of the other parts, the other parts are still valid.
Article 502 of the Civil Code of the People's Republic of China: 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
The verbal agreement is valid.
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The general agreement must be filled in with the real names of both parties, (preferably with ID number) relevant contact information, the content of the agreement, the date and signatures and in duplicate, which is a formal agreement.