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1.If the parties are in partnership, the oral agreement is valid and is recognized and protected by law. But the facts that the law protects are the ones that can be supported by the evidence that can be gathered.
2.If only the two of you know the content of the oral agreement and there are no other witnesses, if the girlfriend admits that there is a partnership between the two parties (constituting self-admission), she as the business manager should be obliged to provide account books, otherwise she will be liable for breach of contract. 3.
It is recommended to ask a local lawyer to intervene and collect evidence (such as ** recording) and other relevant evidence on behalf of the other party. If the two parties cannot resolve it through negotiation, they can file a lawsuit with the court to demand the return of the invested start-up capital and the payment of the corresponding share. Relevant legal provisions:
Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law 50 Where there is no written partnership agreement between the parties, and it has not been approved and registered by the administrative department for industry and commerce, but other conditions for partnership are met, and there are two or more disinterested persons who prove that there is an oral partnership agreement, the people's court may determine that it is a partnership relationship. "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 8 (Self-admission) In the course of litigation, if one party clearly acknowledges the facts of the case stated by the other party, the other party does not need to present evidence. Article 75: Where there is evidence showing that one party has evidence and refuses to provide it without a legitimate reason, if the other party asserts that the content of the evidence is unfavorable to the holder of the evidence, it may be presumed that the claim is sustained.
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Does a verbal agreement have legal effect?
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A verbal agreement is valid. Civil law states that there are two forms of entering into a 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. When the parties conclude a contract, there are written forms, the form of oral dates, 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. Article 490 of the Civil Code provides that if the parties conclude a contract in the form of a written contract, the contract shall be concluded when all parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its main obligations and the other party has accepted it before the signature, seal or fingerprint is polished.
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.
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Oral agreements generally have the force of law.
1. The concept of oral agreement.
An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without writing form, and this kind of agreement generally has legal effect.
An oral agreement corresponds to a contract in written form. The law stipulates that some types of contracts must be signed in writing, otherwise they must be certified or confessed by a third party.
2. Validity of oral agreements.
1. Oral agreement is also an important form of expression in the form of contract. According to Article 10 of the Contract Law of the People's Republic of China, which stipulates that "the parties shall conclude a contract in written, oral and other forms", people may conclude contracts or agreements in oral form except for contracts in written form as stipulated by laws and administrative regulations.
2. Oral agreement, 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.
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An oral agreement shall have legal effect if it is made in accordance with law by a person with the corresponding capacity for civil conduct. As long as the contract is concluded by the parties in accordance with the law, and there are no special provisions on the form of the contract by the parties or laws and administrative regulations, the parties may choose the form of the contract by themselves.
[Legal basis].Article 143 of the Civil Code.
Civil juristic acts that meet the following conditions are valid:
1) Xing Qi Ying is a person with 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. Radical Rock.
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 471.
When a party concludes a contract, it may take the form of an offer, an acceptance or other means.
The law recognizes that oral agreements are also a form of contract, but once a dispute is encountered, it is difficult to deal with it, and it is basically maintained by the good faith of both parties. >>>More
1. Does the agreement have legal effect?
1. Generally speaking, agreements signed under the following conditions are legally valid: >>>More
Legal Analysis: Oral agreements are also an important form of expression in the form of contracts. An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without writing form, and this kind of agreement generally has legal effect. >>>More
Hello, the agreement between you is valid as long as it does not violate the mandatory provisions of laws and regulations. If you need to comprehensively prevent risks, and at the same time need the agreement to comply with the provisions of the law to take legal effect, it is recommended to entrust a lawyer to draft it more reliable, otherwise it will definitely not have the desired effect.
Generally speaking, a traffic accident compensation agreement is signed by both parties on a voluntary and legal basis, and has legal effect. However, if there is a material misunderstanding, obvious unfairness, fraud or coercion or taking advantage of the danger of others to make the other party go against the true intentions, then the indemnity agreement is a voidable contract or an invalid contract under other circumstances will not have legal effect.