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Agreements and treaties signed privately by both parties have legal effect as long as they do not violate the law, etc. According to Article 5 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China, "if a party concludes a contract in the form of a contract, it shall sign or affix its seal. If the parties put their fingerprints on the contract, the people's court shall determine that it has the same legal effect as the signature or seal", but if a dispute arises, the resolution steps prescribed by law are that the man and woman shall first negotiate and settle the matter on their own, and then file a lawsuit with the court if the negotiation fails, and request the court to confirm the validity of the agreement, and if the court finds that there are no circumstances provided for in Article 52 of the Contract Law, the contract will be judged to be valid, and the obligor shall be required to consciously perform its obligations within the time limit specified in the judgment. Failure to consciously perform obligations within this time limit.
Article 52 of the Contract Law shall invalidate a contract 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.
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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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Legal Analysis: Legally Enforceable. The compensation agreement signed privately is legal and valid, and cannot be reversed.
If either party believes that there was a major misunderstanding or obvious unfairness in signing the compensation agreement, or that there was fraud or coercion in signing the agreement, it may sue to revoke the compensation agreement, and the court shall make a new judgment in accordance with the regulations.
Legal basis: Article 143 of the Civil Code of the People's Republic of China is valid for a civil juristic act that meets the following conditions: (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.
Article 114: Civil juristic acts carried out by persons without capacity for civil conduct are invalid. Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not cause the civil juristic act to be ineffective in a wild way. Civil juristic acts that are contrary to public order and good customs are invalid.
Article 115: Civil juristic acts where the perpetrator maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.
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Legal Analysis: It depends on the situation: 1. If the agreement is the true expression of the intention of both parties, and the content of the agreement does not violate laws and regulations and social order and good customs, then the agreement has legal and institutional effect; 2. If the above circumstances are not met, the agreement shall have no legal effect.
Legal basis: Article 400 of the Civil Code of the People's Republic of China Article 65 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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Legal Analysis: Private agreements have legal effect. If the agreement is signed between private individuals, if the content of the agreement does not violate the law, the subject matter of the contract is not prohibited or restricted by law, the content of the contract is an expression of the true intention of both or several parties, and the signing of the contract is voluntary, then the contract is valid and protected by law without the need to perform special procedures.
Legal basis: Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects 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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Legal analysis: As long as there is no violation of the mandatory provisions of the law, it has legal effect. If the parties with the corresponding capacity for civil conduct sign a contract that does not violate the relevant laws and regulations of Li Lunduo under the same intention, the contract shall take legal effect from the time it is established.
Therefore, unless there is a circumstance that invalidates the contract, the contract has legal effect and is binding on the parties to the contract.
Legal basis: 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 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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A private agreement is valid if the following conditions are met.
1. The parties to the agreement have the capacity for civil rights and civil conduct to carry out legal acts.
2. The parties to the agreement reach an agreement on voluntary terms.
3. The content of the signed agreement is legal and compliant and does not violate social order and good customs.
4. The form of the agreement is in accordance with the law.
5. If the signed agreement falls under the circumstances specified in Article 52 of the Civil Code of the People's Republic of China, the private agreement shall be invalid.
Article 4 of the Civil Code of the People's Republic of China.
The parties enjoy the right to voluntarily conclude contracts in accordance with law, and no unit or individual may illegally interfere with them.
Article 7. When concluding and performing contracts, the parties shall abide by laws and administrative regulations, respect social morality, and must not disrupt the social and economic order or harm the public interest.
Article 9. When entering into a contract, the parties shall have the corresponding capacity for civil rights and civil conduct. The parties may entrust a person to conclude a contract in accordance with the law.
Article 44.
A contract established in accordance with law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.
Article 45.
The parties may agree on conditions on the validity of the contract. A contract with conditions for entry into force shall take effect when the conditions are fulfilled. A contract with a condition of termination shall expire when the condition is fulfilled.
Where a party improperly prevents the fulfillment of a condition for its own interests, it is deemed that the condition has been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled.
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. >>>More
The verbal agreement is valid.
Civil law provides that there are two forms of contract: the first is oral, and the second is written. An agreement or contract concluded orally is valid as long as it is expressed in the true interest of both parties. >>>More
As long as the content of the agreement is not prohibited by law, and it is reached between the parties in a fair and voluntary manner, it has legal effect. 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 provisions of the law will be invalid. In the process of signing a contract, neither party may impose its will on the other party, and no unit or individual may illegally interfere with the contract. >>>More
1. Does the agreement have legal effect?
1. Generally speaking, agreements signed under the following conditions are legally valid: >>>More
On this issue, the law is controversial, and the law does not yet explicitly stipulate the validity of such agreements, and whether they are valid or not needs to be analyzed on a case-by-case basis. >>>More