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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.
When the parties conclude a contract, they should take fairness as the starting point, which is a prerequisite for the smooth performance of the contract. Article 502 of the Civil Code: 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. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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Legal analysisAn agreement signed by a private couple is valid if it meets the following four conditions: 1. Both parties should have the corresponding capacity for civil conduct; 2. The parties shall reach an agreement on the expression of intent on a voluntary basis; 3. The standard and content of the contract must be legal; 4. The contract must conform to the form prescribed by law. The contract only needs to be signed by both parties and does not need to be witnessed or notarized by a third party, but if witnessed by a lawyer or notarized by a notary public, it can help the parties improve the content of the contract and avoid or reduce contract disputes.
However, it also depends on the content, nature and legal provisions of the contract, if it is not illegal, with the signature of both parties, it has legal effect. However, if the content of the contract involves any agreement that violates the provisions of the law, it is null and void.
Legal basisCivil Code of the People's Republic of China Article 143: Civil juristic acts that meet the following conditions are valid: (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.
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An agreement signed by two people in private has legal effect if it abides by laws and administrative regulations, respects social morality, and does not disrupt the social and economic order or harm the public interest. If two people sign an agreement privately, as long as the corresponding contracting entity has the capacity for civil conduct and civil rights, and the content of the agreement is not illegal, the corresponding agreement will have legal effect. The principle of a valid and lawful contract needs to satisfy the legal equality of the parties to the contract, and one party may not impose its will on the other.
The parties shall also follow the following principles when entering into a loyalty agreement:
First, they should follow the principles of equality, voluntariness, honesty and credibility, and must not threaten, coerce or deceive the other party in any way, and must not infringe on the other party's reputation, physical health, personal freedom, privacy and other personality rights and identity rights, must not violate the mandatory provisions of relevant laws and regulations, and must not infringe upon the legitimate rights and interests of others;
Second, the content of the loyalty agreement can be property, but it should be limited to the scope that one party can pay, and it should be able to be actually performed, and it should be within the scope of legal adjustment, so that it is possible to obtain the maximum protection of the law.
1. Conditions for signing the agreement:
1. There are two or more parties to the contracting party;
2. The parties must conclude the contract "in accordance with the law";
3. The parties must reach a consensus on the main terms of the contract; 4. The establishment of the contract should have the stage of offer and acceptance.
2. Procedures for signing the agreement:
1. One of the parties makes an offer to conclude a contract;
2. If the offeree agrees to the offer, it may make corresponding commitments;
3. If the commitment takes effect, the contract is established.
4. If the contract is concluded in written form, the parties shall sign and seal it.
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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It depends on the situation: 1. If the content of the agreement is legal, and the agreement signed by the two parties is the true intention of both parties, the agreement signed by the two people is valid; 2. If the content of the agreement is illegal and the signing of the agreement is not the true intention of both parties, the agreement signed by the two parties shall be invalid. Article 146 of the Civil Code: 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 143 of the Civil Code stipulates that civil law may be effective if the following conditions are met: (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 or dismantle public order and good customs.
The verbal agreement is valid.
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1. Does the agreement have legal effect?
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