Are oral agreements protected by law? Which oral agreements are not protected by law

Verbal agreement. Generally not protected by law. Because the law is the evidence. This requires both parties to admit that if one party defaults, the other party cannot produce sufficient evidence.

In addition, in addition to the oral agreement, the general signed agreement can be validated, please refer to:

The Contract Act provides that the contract is signed and signed by both parties. A contract with a complete date is a regular valid contract.

If there are non-immediate family witnesses and there are more than two witnesses, it will be effective.

However, having a good lawyer to help you examine the information in the company will win. Oral agreement cases must be based on the lawyer's ability to handle the matter.

The mediation agreement signed by the judge in court and handwritten according to the fingerprint is legally valid.

1. The Civil Procedure Law stipulates that a civil mediation document refers to a legal document made by a people's court in the course of hearing a civil case in accordance with the principles of voluntariness and legality, on the basis of ascertaining the facts and distinguishing right from wrong, and prompting the parties to reach an agreement through mediation. Article 89 clearly stipulates:

Where an agreement is reached through mediation, the people's court shall draft a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results. The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.

The mediation statement shall have legal effect after it is signed and received by both parties.

2. Therefore, in the case of the above, the court should make a civil mediation document, which will have legal effect after the parties sign for it.

Since you say that you have an oral agreement, then you must provide evidence of your oral agreement at that time, such as witnesses, video recordings of your agreement, etc., if you can't provide evidence, the other party is dead and refuses to admit it, then your agreement is equal to no agreement.

The principle of consistency of rights and obligations is the same, and there is no guarantee of profit and loss.

It is best to have circumstantial evidence of the oral agreement to substantiate it, otherwise let the other party sue, and he has no evidence to prove that he wants to make a profit or not, so you only need to pay 20% of his losses.

It is equivalent to a partnership of 2 people**, he contributes, you contribute, and the profit and loss are divided according to the actual operation of 8 2, so you have to bear 20% of the loss, and it is not not a loss at all.

Protected by law, but you will need witnesses to prove that there has been an oral agreement.

A verbal agreement that can be proven is also valid.

Zongheng Legal Network-Shanxi Yade Law Firm-Lawyer Wei Haiyuan.

Does a verbal agreement have legal effect?

There are several situations in which an oral agreement is not protected by law:

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

2. Malicious collusion to damage 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 the mandatory provisions of laws and administrative regulations.

The so-called fraud refers to the fact that one of the parties to the Sui Chan deliberately informed the other party of false information, or deliberately concealed the true situation, inducing the other party to make a false expression of intent. A contract concluded by fraud arises on the basis of an expression of intent made by the defrauded party as a result of a misunderstanding of the fraudulent act. The so-called coercion refers to the act of coercing the other party to act contrary to the true intention of the other party by causing damage to the life, health, honor, reputation, property, etc., of citizens and their relatives and friends, or threatening to cause damage to the honor, reputation, or property of a legal person.

Coercion is also one of the reasons that affect the validity of contracts.

Concealment of an illegal purpose in a lawful form, also known as concealment, refers to an act in which a party conceals its true illegal purpose by committing a lawful act, or an act that is lawful in form but illegal in content.

Civil Code of the People's Republic of China

Article 469: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. 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.

The lawyer analyzes the rough nonsense

Protected. According to the relevant provisions of Chinese law, the parties enter into a contract in writing, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used. The oral contract is protected by law.

Article 490 of the Civil Code: Where the parties conclude a contract in the form of a written contract, the contract shall be formed 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.

The statutory circumstances under which an oral agreement is invalid shall apply: 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 the mandatory provisions of laws and administrative regulations. When entering into a contract, the parties shall have the corresponding capacity for civil rights and civil conduct.

Only when the actor has the corresponding capacity for civil rights and civil conduct, can correctly understand the nature and consequences of his own acts, and have the ability to express his or her own intentions independently, can he become the subject of the contract, and his contractual acts can take legal effect.