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Anonymous users2024-02-12Legal 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.
Legal basis: Article 10 of the Contract Law of the People's Republic of China The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used. The parties agree to be in writing.
form, it shall be in written form.
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Anonymous users2024-02-11Does the oral agreement reached by the parties have the force of law.
1. If there is evidence to prove the existence of an oral agreement, the oral agreement has legal effect.
2. The parties conclude a contract in written, oral and other forms. A contract established in accordance with law shall take effect from the time of its establishment. 3. However, if there is no evidence (more than two disinterested persons) and no certificate to prove the existence of an oral agreement, it is difficult to determine that there is an oral agreement.
Once the oral agreement is brought to the court, the claimant must provide evidence of the contractual agreement at that time, and it is difficult to admit such cases due to the great arbitrariness of the witnesses' testimony, so it is necessary for the claimant to provide indirect evidence when performing the contract at that time, and the faxes, e-mails, bills, recordings, chat records, etc. exchanged between the two parties when performing the oral contract.
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Anonymous users2024-02-10Oral agreements have the force of law, such as appeal. There are no special provisions on the form of contract or agreement, and the parties may enter into a contract in written, oral or other forms. As long as the contract is a true expression of the intention of the person with the ability to behave, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, the contract is valid no matter what form it takes.
In the event of a dispute arising from an oral agreement, the key is to collect evidence from the injured party in the negotiation and settlement stage. Once the oral agreement is brought to court, the claimant must provide evidence that the act agreed in the contract occurred at that time.
Civil Code of the People's Republic of China
Article 143.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has 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. 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. The data messages that can be tangibly expressed by means of electronic data interchange, e-mail, etc., and can be accessed at any time shall be regarded as written form.
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Anonymous users2024-02-09Legal effect of oral agreement: Oral agreement is a type of contract, and it has legal effect as long as it meets the conditions for the conclusion of the contract. The conclusion of the contract must not violate the law or violate public order and good customs, and at the same time, both parties must be subjects with civil conduct capacity and civil rights.
[Legal basis].Article 135 of the Civil Code of the People's Republic of China.
Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.
Article 136.
Civil juristic acts take effect when they are established, except as otherwise provided by law or otherwise agreed upon by the parties.
The perpetrator must not modify or dissolve the civil juristic act without the consent of the other party except in accordance with the provisions of law or without the consent of the other party.
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
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
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.
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