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1. Does the agreement have legal effect?
1. Generally speaking, agreements signed under the following conditions are legally valid:
1) The signing of the agreement requires the parties to reach an agreement, and the meaning expressed is their true intention, and there is no coercion, fraud and other reasons;
2) In addition to the agreement being an expression of one's true intentions, it must not violate the mandatory provisions of the law and social order and good customs;
3) In principle, the agreement shall come into force after being signed or sealed by both parties, unless otherwise specified in the agreement.
2. Legal basis: Article 143 of the Civil Code of the People's Republic of China.
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 144.
Civil juristic acts carried out by persons without capacity for civil conduct are invalid.
2. What are the characteristics of the agreement?
The characteristics of the agreement are as follows:
1. Broadness. The scope of application of the agreement is relatively broad, and the fields involved are also very wide, and any form of cooperation that is not suitable for signing a contract can be signed as long as the parties reach a consensus through consultation. Enterprises and institutions, mass organizations and individuals can enter into agreements;
2. Flexibility. Due to the wide range of content and the absence of a fixed and unified writing format, the writing of the agreement is relatively flexible, and the content arrangement and the form of the terms can be negotiated by the parties.
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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.
If the agreement has a statutory invalidity, the agreement shall not have legal effect from the beginning.
The role of the agreementThe two parties to the agreement agree on the terms and conditions of mutual recognition, so as to reduce conflicts and disputes after the fact. A valid agreement is generally legally binding. Therefore, it is better to jointly set up a business and draw up an agreement.
The two parties to the agreement agree on the terms and conditions of mutual recognition, so as to reduce conflicts and disputes after the fact. A valid agreement is generally legally binding. Therefore, it is better to jointly set up a business and draw up an agreement.
Declare a range of methods that can be implemented by any class, even if classes that adhere to the protocol do not have a common superclass. The protocol approach defines behavior independent of any particular class. To put it simply, a protocol defines an interface, and other classes are responsible for implementing those interfaces.
If your class implements a protocol's methods, it is said that the class follows that protocol.
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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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The agreement shall be legally binding. The main conditions for the validity of the agreement are:
1. The actor has the corresponding capacity for civil conduct;
2. The intention of the parties is true and consistent;
3. The content of the agreement and the signing procedure do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
[Legal basis].Article 143 of the Civil Code of the People's Republic of China.
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 490.
If the parties conclude a contract in the form of a written contract, the contract shall be formed 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.
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The guarantee or agreement is legally valid, and three conditions must be met to be legally effective: 1. The true expression of intent of both parties. 2. The content does not violate the relevant provisions of the law.
3. The content of the pants does not violate the principle of public order and good customs. As long as the written note signed by the parties does not violate the provisions of the law, is voluntary, and is a true expression of meaning, it has legal effect. Modulus.
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If the written agreement is concluded in accordance with the law, it shall have legal effect. Written forms include contracts, letters, telegrams, telexes, faxes, etc., and written agreements in which the parties have the corresponding capacity for civil conduct, the expression of intent is true, and the content is legal.
[Legal basis].Article 5 of the Civil Code of the People's Republic of China.
Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.
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.
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Summary. The agreement is genuinely signed by both parties, voluntarily, in accordance with the provisions of the law, and has legal effect.
The agreement is genuinely signed by both parties, voluntarily, in accordance with the provisions of the law, and has legal effect.
Legal basis: Article 146 of the "Ethnic Eyes Civil Code" The act of the actor and the counterpart in the civil law of the perpetrator and the counterpart is invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
One of the husband and wife always owes money outside, and originally planned to divorce Nachang, but for the sake of the child, I am afraid that she will be able to pick up the money, and the woman will not leave, but I am afraid that the man will still owe debts in the future, so I want to sign an agreement.
If the man still doesn't change and leaves the house, is there legal protection for such an agreement?
Such laws do not protect.
So how to protect a situation like this.
Write this debt he bears personally.
If you have other effects or personal injuries due to his debts, you will be compensated.
What kind of agreement does this belong to?
What am I going to do.
It is a marital debt distribution agreement.
Sign a paper agreement.
There are relatively few people who are generally recognized by law when leaving the house.
Or you can also write a property distribution agreement on your side.
If you write a marital debt distribution agreement, he owes money to mortgage the house, and our joint property, whether I am not affected or not, and he bears the debt personally.
Yes, but one thing is that creditors are not affected by this agreement.
Even though you signed the contract, the creditor can still auction the house.
On your side, you should pay attention to this debt without signing, and the joint property cannot be mortgaged by him.
Whose name is the house?
You can ask for the amount of compensation to be stated in this agreement.
What questions do you have on your side?
The verbal agreement is valid.
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