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If a contract is signed and a refund is agreed upon upon expiration, and the other party fails to perform the contract, it should be held liable for breach of contract. And the other party asks you to write that the contract is invalid, which is a violation of the Contract Law and a breach of contract. FYI.
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After the expiration of the contract, the other party not only does not refund the money, but also asks you to write that the contract is invalid, which is a forced transaction, and it is recommended to solve it through court litigation.
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If the contract is written as invalid, if it is an expression of the true intention of the parties to the contract and complies with the provisions of the law, the contract is considered invalid and no longer binding on both parties.
When the contract is invalidated, it should be noted that the agreement of both parties must be obtained if the contract is invalidated, otherwise it is a breach of contract, and the act of invalidating the contract without authorization is subject to the corresponding liability for breach of contract.
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This may be an illegal act, especially a violation of contract management, which should be resolved in a timely manner, and your contract problem should be better.
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If the contract expires without a refund, and the other party asks you to write the contract as invalid, it is clear that this behavior is a fraud. You must not do that.
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This kind of behavior is very unreasonable, the contract expires without refund and requires you to write the contract as invalid, of course you can't agree, you can call the police or sue the court.
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If the contract expires without a refund, and the other party asks you to write the contract as invalid, then you can completely refuse, this behavior is of course unreasonable, and you can sue the court.
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This kind of behavior is completely unreasonable, it is simply rude to the home, you and I can refuse, the contract should be refunded when it expires, you can call the police or sue the court.
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In the case you described, you can sue the other party for breach of contract.
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Judging by your description, this is a fundamental violation of contract law, and you can find a lawyer, or go directly to the court to sue.
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If the contract expires without refund, and the other party asks me to write the contract as invalid, what is the behavior? He owes you money, if he owes you money, there is a contract, you can sue him, you didn't give the money, how can you void the contract? Only if you give money can you invalidate.
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This is a clause that has nothing to do with contract law, and the contract that you actually wrote on will automatically become a voidable contract.
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If the contract expires and there is no refund, the other party directly asks me to write the contract invalidation, which is not legal.
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If the contract expires without a refund, and the other party asks me to write the contract as invalid, this must be resolutely unacceptable.
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Of course, the other party can ask for it, as long as there is no coercion or deception.
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The behavior of the model contract should be negotiated by the other party, and how to do it next?
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Legal Analysis: After the expiration of the labor contract, if the employer and the employee do not renew the contract, and the employee continues to work, in accordance with the requirements of the Labor Contract Law, if the employee has not concluded a written labor contract with the employee for more than one month but less than one year, the employee may request payment of twice the monthly salary from the second month. If the employer unilaterally terminates the labor contract, if the employee is not at fault, the employer shall terminate the labor contract in violation of regulations and shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Legal basis: Labor Contract Law of the People's Republic of China Article 97 If a labor contract existing on the effective date of this Law is dissolved or terminated after the implementation of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the compensation period shall be calculated from the date of implementation of this Law in accordance with the relevant provisions at that time, and if the employer shall pay economic compensation to the employee before the implementation of the Law, it shall be implemented in accordance with the relevant provisions at that time.
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After the expiration of the labor contract, if the employer and the employee do not renew the contract, and the employee continues to work, in accordance with the requirements of the Labor Contract Law, if the employee has not concluded a written labor contract with the employee for more than one month but less than one year, the employee may request the payment of the judgment file to pay twice the monthly salary from the second month. If the employer unilaterally terminates the labor contract, if the employee is not at fault, the employer is guilty of terminating the labor contract in violation of regulations, and the employer shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Legal basis: Labor Contract Law of the People's Republic of China Article 97 If a labor contract existing on the effective date of this Law is dissolved or terminated after the implementation of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the date of implementation of this Law and shall be determined in accordance with the relevant regulations at that time before the effective date of the Law, and if the employer shall pay economic compensation to the employee, it shall be executed in accordance with the relevant provisions at that time.
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Legal analysis: If it is the true intention of both parties to sign the contract, the agreement that no refund can be made is legal and valid. If standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment and shall be dismantled without notice, unless otherwise provided in the 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 Analysis: After the expiration of the labor contract, if the employer and the employee do not renew the contract, and the employee continues to work, in accordance with the requirements of the "Lao Qin Lack of Movement Contract Law", if the employee has not concluded a written labor contract with the employee for more than one month but less than one year, the employee may request to pay twice the monthly salary from the second month. If the employer unilaterally terminates the labor contract, if the employee is not at fault, the employer is suspected of terminating the labor contract in violation of regulations, and the employer shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Legal basis: Labor Contract Law of the People's Republic of China Article 97 If a labor contract existing on the effective date of this Law is dissolved or terminated after the implementation of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the date of implementation of this Law, and the relevant provisions of the Law shall be paid to the employee before the implementation of the Law.
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The contract states that whether a non-refund is valid or not depends on the specific situation. A civil juristic act is valid if the following conditions are met:
1. The perpetrator has the corresponding capacity for civil conduct;
2 The meaning is true;
3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
1. The validity of which contracts are to be determined.
The validity of the following contracts is pending:
1. Contracts entered into by persons with limited civil capacity beyond their capacity. It refers to a contract entered into by a person with limited capacity that is inappropriate with his or her age, intelligence or mental health, and the contract is not a contract for pure gain.
2. Contracts entered into by persons without the right to **. There are three situations of lack of rights:
1) A contract signed without ** rights. That is, the person who signed the contract did not have the authorization of the person to be authorized by the person at all, and signed the contract in the name of the person being the person without permission.
2) The contract signed by Zhixiao beyond the first right. That is, there is a relationship between the person and the person, but the person enters into a contract with a third party beyond the scope of authorization of the person without authorization.
3) Contracts signed after the termination of the right to **. That is, there was a relationship between the person who signed the contract and the person being **, but due to the expiration of the ** period, the completion of ** affairs or the termination of the entrustment relationship by the ** person, etc., the ** relationship between it and the ** person no longer exists, but it still signs a contract with a third party as a ** person.
3. A contract for the disposal of another person's property entered into by a person without the right of disposition. That is, the property disposed of by the actor belongs to others and the actor does not have the right to dispose of it. If the lessee resells the leased property, the custodian sells the deposited property, etc.
The disposition here refers to the disposition in the legal sense, that is, the circulation or establishment of property rights, such as the transfer of property, the gift of hands, and the creation of mortgages, liens, easements, etc. on the property.
2. Is there a time limit for the termination of the contract to confirm the effect?
There is a time limit for the validity of the termination of the contract, and if the parties have agreed on a time limit for exercising the right of rescission or the law stipulates a time limit for exercising the right of rescission, and the time limit for exercising the right of rescission is not exercised at the expiration of the time limit, the right of rescission shall be extinguished.
According to Article 564 of the Civil Code, if the law provides or the parties agree on a time limit for exercising the right of rescission, and the party fails to exercise it upon the expiration of the time limit, the right shall be extinguished.
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It depends. It is valid if: (1) the parties to the contract have the corresponding capacity for civil rights and civil conduct; (2) the intention of the parties to the contract is true; (3) The contract does not violate the law or the public interest.
Article 143 of the Civil Code: 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. Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.
Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is concluded when one of the parties has fulfilled its primary obligations and the other party accepts it before signing, sealing, or laying on fingerprints. The contract shall be concluded when the parties have not adopted the written form but one party has performed its main obligations and the other party has accepted it.
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In principle, as long as both parties are willing and the intention of both parties is true during the negotiation, the agreement is legal and valid. Unless such an agreement violates the mandatory provisions of the law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 490 of the Civil Code [Time of Formation of Contract] Where the parties conclude a contract in the form of a written contract, the contract shall be concluded 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.
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.
Insurance refunds can not be refunded in full, can complaints.
Discussion on a case-by-case basis:
1.Surrender during the cooling-off period. Each insurance product has a cooling-off period, which is generally 10 days, depending on the terms of the product.
The so-called hesitation period is that after the policyholder signs the policy, during which the policyholder can propose to terminate the contract, and the insurance company will refund the insurance premium after deducting the production cost, or some insurance companies will refund 100% of the insurance money. Insurance refunds cannot be fully refunded, complaints can.
2.Surrender after the cooling-off period. Surrender after the cooling-off period is generally due to the fact that the policyholder finds that the coverage of another product is more suitable for him or her through comparison.
In this case, the insurance company will refund the cash value of the main insurance contract within 30 days. It is important to note that when the policy is surrendered after the cooling-off period, the cash value returned is much less than the premiums paid. Insurance refunds are not available, insurance full refunds are not available, complaints are not allowed.
How to write a valid contract for renting a house.
A valid rental contract should follow the following points:
1. Both parties to the contract know and understand the content of the contract, and in the case of recognition of the content of the contract, it will take effect after the signature (seal) of both parties is confirmed.
2. If the two parties to the contract are companies, they must be stamped with the company or contract seal to be valid. The signature of one party is an individual, and the official seal of one party is still required to be valid.
The rental contract is legal and valid as long as it is an expression of the true intention of both of you, both parties to the contract have the corresponding civil capacity, and does not violate the law or the public interest.
The lease contract does not need to be notarized: the contract is legally valid from the moment it is signed by both parties. Of course, if both parties are willing to notarize, notarization only makes the evidence of the contract stronger.
Although the lease contract does not need to be notarized. Note: The ICP filing is only for the convenience of management, but does not affect the effectiveness of the contract.
Legal basis.
It is unreasonable to take it back without compensation. The contract has expired, and it is inevitable to recover it according to the agreement, but when the contract is signed, it has been indicated that it will be resolved through negotiation, and he wants to recover it free of charge, which is just an expression of his unilateral intention, that is to say, the two parties have not reached an agreement, if the negotiation fails, they can only take legal proceedings, and convert the investment of these years into an amount acceptable to both parties, and this amount must be determined through evaluation and mediation, and they will get back what they deserve through legal channels.
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