On the issue of agreement between the two parties, how to write the agreement reached by the two par

The fact that A killed someone in self-defense shows that it is lawful, and not only does he not bear criminal responsibility, but he also does not have to bear civil liability in accordance with the law. On the premise that there is no legal obligation, signing a contract with the other party to compensate the other party for a sum of money is actually a gift.

According to Article 186 of the Contract Law, the donor may revoke the gift before the transfer of the right to the donated property. However, the provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized.

Because the contract between A and B does not have the nature of social welfare or moral obligations such as disaster relief and poverty alleviation, only after notarization can A not be reversed before the right to donate property is transferred. Of course, after the transfer of the right to gift property, there is no question of remorse.

The key depends on the nature of the gift, in the ordinary gift contract, the donor can arbitrarily revoke the gift before delivering the gift, except for some special gifts, like yours, the donor can revoke the gift agreement at any time.

Article 185 of the Contract Law stipulates: "A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. "A gift contract is different from a gift because a gift is a unilateral legal act of the donor, while a gift contract is an agreement with a gift as its content and is a legal act of both parties.

If there is only an expression of intent on the part of the donor, but no expression of intent on the part of the donee to accept the gift, the contract of gift cannot be established. The main forms of expression of the parties' intentions are as follows: oral form, written form, presumption form, and silent form.

The presumption form refers to the fact that the parties express their intrinsic intentions externally through purposeful and meaningful positive acts, so that others can infer that the parties have made a certain expression of intent based on common sense, trading habits or tacit understanding between them, so that the legal act can be established.

Article 187 of the Contract Law stipulates that: "If the donated property needs to go through registration and other formalities in accordance with the law, the relevant formalities shall be completed. ”

Compensation that is in the nature of a gift is legal.

It is possible to prosecute.

The two sides reached an agreement through negotiation as follows:

1. The first part states the basic information of both parties (including name, address, etc.);

2. The specific content agreed by both parties;

3. Agree on the amount of labor remuneration and how to pay it;

4. Agree on the rights and obligations of both parties;

5. Agree on the liability clause for breach of contract;

6. Agree on dispute resolution methods;

7. Agree on the time of establishment of the contract and the conditions for its entry into force;

8. The number of contracts;

9. Signature and seal at the end.

According to the regulations, the contract appears to meet the objective requirements of the commodity economy of private ownership, and is the legal expression of commodity exchange. After the production of commodities, in order to ensure the safety and credibility of exchange, people gradually formed many habits and rituals about exchange in the long-term practice of exchange. These customs and rituals of commodity exchange gradually became the general rules governing the exchange of commodities.

Legal basis] Civil Code of the People's Republic of China

Article 470:The content of a contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal analysis: The content of the pre-reputation agreement reached by the two parties through negotiation is mainly to write the specific content of the negotiation.

Legal basis] Civil Code of the People's Republic of China

Article 543: The parties may modify the contract by consensus.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt disposal.

Article 1112:Adopted children may take the surname of their adoptive father or mother, and may also retain their original surname upon the parties' consensus.

Yes. The private agreement itself is not binding. After the agreement is signed, one party can rebel and repent.

When one party repents, the other party can file a lawsuit with the court and apply to the court to rule that the agreement is valid. If the original agreement is unlawful, the court will not uphold the validity of the original agreement. Article 465 of the Civil Code: Contracts established by Li in accordance with the law are protected by law.

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

As long as both parties have the corresponding capacity for civil conduct, the agreement is also concluded based on the true will of both parties, the content of the agreement is legal, and the agreement takes legal effect when it is established. So, does the agreement signed by both parties have legal effect? Let's find out together.

1. Does the agreement signed by both parties have legal effect?

The agreement signed by both parties is based on the true intention of both parties, and it is valid and legally effective if there is no statutory invalidity. The characteristics of the agreement are that there is no specific subject matter, simplicity, generalization, principle, and no liability for breach of contract.

2. Whether the agreement signed privately is legally valid.

In China, agreements signed by both parties are generally valid by law. However, the following conditions need to be met:

1.The subject is eligible. That is, the parties to the hall shall have the corresponding civil capacity to enter into an agreement;

2.The agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs;

3.The meaning means that it is true;

4.Other conditions.

3. Is the agreement signed on behalf of the person valid?

Agreements that are authorized by law or signed by a representative are valid. As long as the signatory is the entrusted person or the statutory person of the signatory, the civil juristic acts carried out by the person in the name of the person being executed within the scope of his authority are valid; If the authority is exceeded, but it is later recognized, the ** behavior is also valid.

The above is the relevant content about whether the agreement signed by both parties has legal effect for you in detail. Hope it helps. If you have any legal questions, it is recommended to consult a professional lawyer.

Neither party performs the agreement validly. As long as the agreement meets the conditions for taking effect, whether the parties perform it or not does not affect the validity of the agreement, and the aforesaid conditions generally include: the actor has the corresponding capacity for civil conduct, the expression of intent is true, the escort does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

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 470.

The content of the contract is agreed upon by the parties and generally includes the following clauses;

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

4) Quality Kaisun;

5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.