Can the two parties sign an indemnity agreement for the individual, but the amount is unreasonable?

This can be changed. Add a change to the amount. Then both sides press the mudra and it's done.

It is also possible to reprint a copy of the contract. Party A and Party B re-signed. This way can also be used.

In August 2013, Zheng, a villager in Guta District, accidentally fell from the roof and injured himself while helping his neighbor build a house, resulting in a fracture of the lumbar vertebrae and other places. During the hospitalization, the neighbor signed a one-time compensation agreement with Zheng, and the neighbor compensated 10,000 yuan for a one-time settlement. But later, due to serious injuries, Zheng spent nearly 40,000 yuan in medical expenses.

After being discharged from the hospital, Zheng asked his neighbor for excess medical expenses, but the neighbor refused to pay on the grounds that the two parties had agreed first. Recently, Zheng consulted whether this obviously unfair one-time compensation agreement can confirm the invalidity of the original agreement through legal channels? Can the neighbor be asked to compensate for the actual loss?

Regarding this matter, the judge of the Guta District People's Court held that the one-time compensation agreement signed by Zheng and his neighbor was valid. Article 56 of the General Principles of the Civil Law of the People's Republic of China stipulates that civil juristic acts shall be legally binding from the moment they are established.

The perpetrator must not modify or terminate it without the consent of the other party in accordance with the provisions of law or with the consent of the other party. The one-time compensation agreement signed between Zheng and his neighbor after his injury is an expression of the true intention of both parties and should be a valid agreement. However, according to article 73 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation), if a party requests a modification of a major misunderstanding or obviously unfair civil act, the people's court shall modify it; Where a party requests revocation, the people's court may modify or revoke it as appropriate.

Where a party requests modification or revocation of a civil act that can be modified or revoked more than one year after the act was established, the people's court is not to protect it.

Because the actual medical expenses incurred by Zheng were far from the expenses compensated by the neighbor in advance, it can be seen that the content of the original agreement was obviously unfair, and Zheng made a request within the statutory time limit, so the judge held that the agreement could be revoked or modified.

Hello, if you feel that the compensation agreement negotiated by both parties is unreasonable, do not sign, and it cannot be changed without special circumstances after signing.

If the amount is unreasonable, in this case, you will have to change it when you first sign the agreement, and if you have already signed it, you will have to consider the legal route.

If the indemnity agreement signed by the individual is unreasonable, of course, it can be changed, but there must be an authoritative department so that it can be changed.

Of course, the contract can be changed, as long as both parties agree, and the change of the content of the contract is invalid.

If the parties have already signed an indemnity agreement, then there is no way to change it unless it can be shown that it was signed under duress.

If it is considered unreasonable, the negotiation can be continued, and if one party does not agree, it can file a lawsuit with the court, and the court will make a judgment.

Of course, the amount can only be changed after the agreement between the two parties.

It depends. If the contract is clearly unfair, you can ask for it to be changed.

If you are not satisfied, you can make changes or study it, and then you can make a little trouble.

You both agree to sign, that is to say, one is willing to fight and the other is willing to suffer, you have already signed the contract, how can you change it? It's all signed, how can I change it?

Can the two parties sign an indemnity agreement for the individual, but the amount is unreasonable? If the amount is unreasonable, you can not sign the agreement until the agreement is successfully negotiated.

Both parties sign a personal compensation agreement, but the amount can be changed if the amount is unreasonable, but if the change is made, both parties can agree to it.

Hello, if this is the case, you can negotiate it first, it can be changed.

1. Whether it is still possible to sue after an agreement on compensation for personal injuries has been reached

After reaching an agreement on compensation for personal injury, if one party fails to perform or other disputes arise, a lawsuit may be filed with the people's court.

Civil Procedure Law of the People's Republic of China

Article 3 Scope of Application.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 119 Conditions for prosecution.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

2. Procedures for compensation for personal injuries

1. Injury identification. First report the case, the police will make a record as evidence in the future proceedings, and the public security bureau will be responsible for doing an injury evaluation for you. The results of the injury appraisal are divided into minor injuries, minor injuries and serious injuries, and if the result of the infringement is more than minor injuries (including minor injuries), it constitutes a crime, and the perpetrator shall be investigated for criminal responsibility.

The victim should also file a civil lawsuit attached to the criminal case. If the result of the evaluation is a minor injury, and the public security bureau does not file a case, then the victim can file a private criminal prosecution on his own, with civil compensation attached. If the parties are not satisfied with the appraisal results, they may apply for a new appraisal.

2. Disability identification. After the end of the **, the victim can apply for a disability appraisal when his condition is stable, usually about half a year after discharge. Disability appraisal is the basis for personal injury compensation, and is the standard for calculating disability compensation, and the results are divided into 10 levels, 1-10 levels of disability, and gradually weakened.

If the parties are not satisfied with the appraisal results, they may apply for a new appraisal.

3. Content of the claim. As far as the content of personal injury compensation is concerned, it includes medical expenses, disability compensation, living expenses for dependents, lost work expenses, transportation expenses, accommodation expenses, nursing expenses, nutrition expenses, food allowances, and mental damage expenses. In the event of death, funeral expenses are added, and the death compensation is replaced by the disability compensation.

4. Claim criteria. The medical expenses shall be determined according to the receipt vouchers of the medical institutions issued by the medical institutions, such as drug fees and hospitalization fees, combined with relevant evidence such as medical records and diagnosis certificates.

After the personal injury compensation is agreed, if one party fails to perform or other disputes arise, a lawsuit can be filed with the people's court. If you need legal help, you can continue to consult, and a professional lawyer will answer for you.

Legal analysis: It is an undecided matter, and the two parties can negotiate to write a supplementary agreement. However, one party cannot break the contract. Otherwise, the breaching party shall be liable for breach of contract.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include 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.

It is an undecided matter, and the two parties can negotiate to write a supplementary agreement. However, one party cannot break the contract. Otherwise, the breaching party shall be liable for breach of contract.

1. What should Party B do if Party A breaches the contract?

When one party anticipates a breach of contract, the other party can insist on the validity of the contract, require or wait for the other party to perform the contract when due, wait and see if the other party's attitude changes, and then decide whether to take corresponding measures. In the case of express repudiation, the non-breaching party should clearly request the other party to withdraw the repudiation, and should not blindly wait for the other party to perform, so as not to expand the loss. For implied repudiation, if the non-breaching party has no conclusive evidence to prove that the other party has broken the contract, it may wait for the other party to perform when it expires; If the other party fails to perform when due, it can be held liable for breach of contract according to the form of non-performance in the actual breach of contract, or terminate the contract in accordance with the law and claim compensation for losses.

2. Whether the deposit can be refunded if the deposit is paid to the intermediary but the contract is not signed.

If the buyer breaks the contract and does not sign the contract, the money cannot be refunded.

If both parties perform according to the contract, the deposit shall be offset against the price or returned; If the business contract cannot be signed due to special circumstances and natural factors, and the agreement and supplementary agreement cannot be reached and the contract cannot be signed without being attributed to either party, the deposit can be returned; If the seller unilaterally breaches the contract and cannot continue to perform, the deposit can be refunded twice.

3. What should I do if the other party breaches the contract after signing the contract?

If the parties agree on liquidated damages, they can require the other party to pay liquidated damages, and if there is no agreement, they can require the other party to compensate you for their losses, and the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen when entering into the contract.

Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and the general key shall include 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.

An indemnity agreement is an agreement between the parties and an effective agreement is signed, which is a settlement agreement. The settlement agreement is not binding on both parties, and when the obligor does not compensate in accordance with the agreement, the obligee may apply for arbitration or litigation on the disputed matter. As for the question of what to do if you do not give it after the compensation agreement is signed, I will answer it for you in detail below.

1. What should I do if I don't give it after the compensation agreement is signed?

1. The compensation agreement is the agreement of both parties and the agreement signed into effect, which is the settlement agreement. The settlement agreement is not binding on both parties, and when the obligor does not compensate in accordance with the agreement, the obligee may apply for arbitration or litigation on the disputed matter.

The compensation agreement is reached under the auspices of a third-party mediation institution, and when the obligor refuses to perform its obligations, the obligee may apply for arbitration or litigation on the content agreed in the agreement;

The compensation agreement is a mediation document reached and issued under the auspices of an arbitration institution or a people's court, which has mandatory and binding force on both parties when it is signed by both parties. Therefore, when the obligor refuses to perform its obligations, the obligee may apply to the court for a payment order or compulsory enforcement with the mediation document, and the state will enforce the power to ensure that the rights of the obligee can be realized.

2. Legal basis:

Article 237 of the Civil Procedure Law of the People's Republic of China provides that in the course of enforcement, if the parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, and both parties shall sign or affix their seals.

Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.

2. What should I do if I sign an agreement and breach the contract?

If one party breaches the contract after signing the agreement, if the parties have agreed, they shall be liable in the manner agreed upon; If there is no agreement, the liability can be borne according to the actual losses caused. The ways to assume responsibility include continued performance, remedial measures, etc.

If a contract is not concluded but one party suffers losses as a result, it may claim compensation from the other party under certain conditions. If one party commits fraud or provides false information under the pretext of signing a contract, it can claim compensation from the other party, which is a liability for negligence in contracting.

According to Article 500 of the Civil Code, if a party has any of the following circumstances in the process of concluding a contract, and causes losses to the other party, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Slow God's Head.