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Legal analysis: If the two parties sign an agreement, as long as both parties have the corresponding civil capacity, the intention is true, and the content of the agreement does not violate the provisions of the law and public order and good customs, the agreement is legally effective.
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 lacking capacity for civil conduct are invalid.
Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.
The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
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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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Legal analysis: 1. As long as the content of the agreement is not prohibited by law, and it is reached under the fair and voluntary circumstances of both parties, it has legal effect.
2. 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 prohibited by law will be invalid.
3. The agreement reached by oneself can be reversed, but it will be used as a reference in the lawsuit. Agreements reached under the auspices of administrative organs, judicial organs, notary offices, etc., are fully valid.
Legal basis: Article 143 of the Civil Code 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 153 of the Civil Code: 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.
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Legal analysis: Under normal circumstances, as long as the parties voluntarily reach a consensus through negotiation and the agreement signed privately complies with the provisions of laws and administrative regulations, it will have legal effect. Privately signed agreements in any of the following circumstances:
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. Then the agreement signed privately is null and void. 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. Once the contract is concluded, it has legal effect, and the relationship of rights and obligations occurs between the two parties; or alter or extinguish the original civil legal relationship. If one or both parties fail to perform their obligations under the contract, they shall be liable for breach of contract in accordance with the contract or the law.
Legal basis: Article 465 of the Civil Code of the People's Republic of China 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.
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1. Does the signed agreement have legal effect?
1. The signed agreement has legal effect. The essence of the agreement is also a kind of contract, as long as the agreement is concluded after the parties have reached an agreement on the true expression of intent, and both parties have the corresponding civil capacity and the content of the agreement does not violate the provisions of the law and social order and good customs, it is a legal and valid agreement and has legal effect.
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 146.
Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.
The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
2. What are the circumstances under which the agreement is invalid?
1. One party concludes a contract by means of fraud and coercion, harming the interests of the state;
2. Maliciously colluding to harm 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 the mandatory provisions of laws and administrative regulations.
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Summary. Hello, there is.
According to the law, as long as the content of the written agreement does not violate the mandatory provisions of laws and administrative regulations; One party has not entered into a contract by means of fraud or coercion, which harms the interests of the state; The two parties are not maliciously colluding to harm the interests of the state, the collective or a third party; If the intention is true, the contract is established and has legal effect and is protected by law. <>
Does the agreement signed by <> have legal effect?
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Hello, some according to the law, as long as the content of the written agreement does not violate the mandatory provisions of laws and administrative regulations; One party did not enter into the contract by means of fraud or coercion, which harmed the interests of the state; The two parties are not maliciously colluding to harm the interests of the state, the collective or a third party; The meaning of the banquet is true, and this Heanji auspicious code is established and has legal effect, and is protected by law. <>
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If the agreement is signed, it shall have legal effect if the following conditions are met:
1. The parties must have the corresponding capacity for civil conduct.
As a party to a contract, a natural person must have the capacity for civil conduct as stipulated in the Civil Code. That is, a natural person who is the subject of a contract should be a natural person with full capacity for conduct.
Legal persons and unincorporated organizations that are the subject of contracts have different capacities for conduct, legal persons and unincorporated organizations can only have legal effect if they engage in economic activities within the scope of their registered and approved business, and legal persons and unincorporated organizations can only enjoy legal protection if they sign contracts within the scope of their business.
2) The meaning is genuine;
The expression of intention is a condition for the validity of all civil juristic acts.
If the intention of the parties to the contract is untrue, or if the intention of the parties to the contract is not true, or if they take advantage of the danger of others, or if they evade the law, or if they act contrary to their true intentions, the contract will not be legally valid.
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
The content and purpose of the contract shall not violate the mandatory provisions of national laws and regulations; When there are no provisions in laws and regulations, the prohibitive provisions of relevant state provisions must not be violated. At the same time, the content and purpose of the contract shall not harm the interests of others and endanger the interests of the state or the public interest.
In addition, where the law expressly provides, the contract should also conform to the statutory form.
Legal basis: Article 143 of the Civil Code 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 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
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. >>>More
A written agreement is generally legally effective as long as it meets the statutory requirements. 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. >>>More
Hello, the divorce agreement has legal effect.
Where the 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' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. After a successful divorce by mutual agreement, the divorce agreement takes effect. >>>More
Legal Analysis: Is a Private Agreement Legally Valid: Valid. >>>More