Is a privately signed agreement legally binding?

Updated on society 2024-07-31
7 answers
  1. Anonymous users2024-02-13

    As long as the content of the agreement signed privately does not violate the provisions of the law and there is no invalidity of the contract under the law, the agreement is legally valid.

    The agreement shall be invalid under any of the following circumstances:1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

    2) Malicious collusion, harming the interests of the state, the collective, or a third party;

    3) Concealing illegal purposes in a lawful form;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

    Legal basis:Civil CodeArticle 143Civil 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 144Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

  2. Anonymous users2024-02-12

    Under normal circumstances, as long as the parties voluntarily reach a consensus through consultation, and the agreement signed privately complies with the provisions of laws and administrative regulations, it will have legal effect.

    A privately signed agreement shall be invalid if any of the following circumstances applies:

    One party concludes a contract by means of fraud or coercion, which harms the interests of the state; malicious collusion to harm the interests of the state, the collective or a third party; concealing illegal purposes in a lawful form; harming the public interest; Violation of mandatory provisions of laws and administrative regulations.

    Legal basis:Article 143 of the Civil Code provides that 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 465:Contracts established in accordance with law are protected by law.

    A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

  3. Anonymous users2024-02-11

    A contract, also known as a contract or agreement, is an agreement between equal parties to establish, modify, or terminate the relationship of civil rights and obligations. As a civil legal act, a contract is the product of the consensus of the parties, and it is an agreement on the consistency of two or more expressions of intent. As long as the content of the agreement (contract) does not violate the laws and regulations of the state, does not harm the public interest, infringes on the rights and interests of others, and does not violate social morality, the agreement signed privately is protected by law.

    Extended information: Circumstances in which the proposal is invalid.

    If the agreement is signed privately, there are any of the following circumstances: one party concludes the contract by fraud or coercion, which damages the interests of the state; malicious collusion to harm the interests of the state, the collective or a third party; concealing illegal purposes in a lawful form; harming the public interest; Violation of mandatory provisions of laws and administrative regulations. Then the agreement signed privately is null and void.

    The relevant basis for whether the privately signed agreement is protected by law.

    Contract Law of the People's Republic of China

    Article 3 The parties to the contract have equal legal status, and one party shall not impose its will on the other party.

    Article 4 The parties enjoy the right to voluntarily conclude a contract in accordance with law, and no unit or individual may illegally interfere with it.

    Article 5 The parties shall follow the principle of fairness to determine the rights and obligations of each party.

    Article 6: Parties exercising rights and performing obligations shall follow the principle of good faith.

    Article 7: When parties conclude and perform contracts, they shall abide by laws and administrative regulations, respect social morality, and must not disrupt the social and economic order or harm the public interest.

    Article 8 A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

    Contracts established in accordance with the law are protected by law.

    Article 52.

    The contract shall be invalid under any of the following circumstances:

    1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

    2) Malicious collusion, harming the interests of the state, the collective, or a third party;

    3) Concealing illegal purposes in a lawful form;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

  4. Anonymous users2024-02-10

    [Legal Analysis].: An agreement between private parties is valid if the following four conditions are met:

    1. Both parties shall 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.

    Legal basis:Article 143 of the Civil Code stipulates that 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.

    The above is only the current information combined with my understanding of the law, please refer to it carefully!

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

  5. Anonymous users2024-02-09

    An agreement signed privately is legally binding as long as it is signed in accordance with the law. A contract is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, change, or terminate civil rights and obligations. Hebu Liangtong, which was established in accordance with the law, shall take effect at the time of its establishment.

    Article 2 of the Contract Law of the People's Republic of China Definition of Contract The term "contract" as used in this Law is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, modify, or terminate civil rights and obligations. The provisions of other laws apply to agreements related to status relationships, such as marriage, adoption, and guardianship. Article 44 of the Contract Law of the People's Republic of China Validity of Contracts A contract established in accordance with law shall take effect upon its establishment.

    Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

  6. Anonymous users2024-02-08

    An agreement signed privately shall have legal effect if it meets the following conditions:

    1. If both parties have full capacity for civil conduct, the agreement signed by the person without civil capacity shall be invalid;

    2. The content of the agreement is the true expression of the intention of the parties, and the content is a false expression of intent, and shall be invalid;

    3. The content of the agreement does not violate the mandatory provisions of laws and administrative regulations, nor does it violate public order and good customs.

    Civil Code of the People's Republic of China

    Article 143:Civil juristic acts that meet the following requirements 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 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

    Civil juristic acts that are contrary to public order and good customs are invalid.

  7. Anonymous users2024-02-07

    Under normal circumstances, as long as the parties voluntarily reach a consensus through consultation, and the agreement signed privately complies with the provisions of laws and administrative regulations, it will have legal effect. If the agreement is signed privately, there are any of the following circumstances: one party concludes the contract by fraud or coercion, which damages the interests of the state; malicious collusion to harm the interests of the state, the collective or a third party; concealing illegal purposes in a lawful form; harming the public interest; Violation of mandatory provisions of laws and administrative regulations.

    Then the agreement signed privately is indiscriminate.

    A legally binding contract is generally subject to three conditions:

    1. The actor who signs the contract should have the corresponding civil capacity.

    2. The content of the contract is the expression of the true intentions of both parties.

    The expression of intent is true refers to the fact that the expressive person, that is, the actor of the expression of intent, should truly reflect its inner effect, that is, the internal will of the parties is consistent with the external intention, that is, it is true;

    3. Do not violate the law and social public interests.

    Therefore, regardless of whether it is signed privately or not, as long as the signed second-hand housing sales contract satisfies these three conditions, an irrevocable relationship of specific rights and obligations arises between the parties. Neither party may renege at will, and if it fails to perform, it will have legal consequences or be punished as a breach of contract or as a continuation of compulsory performance. It is necessary to remind both parties here that the law prohibits the listing of houses without a title certificate, so the signing of a sales contract and notarization alone are not protected by law.

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