What are the conditions under which a contract is legally binding? Does it have to be a contract to

The validity of a contract refers to a certain legal binding force between the parties to a contract that has been established, that is, the legal effect of the contract. This chapter stipulates the main issues of contract validity, such as the effective time of the contract, the conditional contract, the contract with a time limit, the contract with the effect to be determined, the apparent ** contract, the invalid contract, the voidable contract, and other major issues of the validity of the contract.

Article 44 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.

Interpretation This article is a provision for the time when the contract will take effect.

The entry into force of a contract means that the contract is legally binding. After the contract comes into effect, its effectiveness is mainly reflected in the following aspects:1

Produces legal effect between the parties. Once the contract is concluded and takes effect, the parties shall enjoy the rights and assume the obligations in accordance with the provisions of the contract. The parties are bound by the contract in accordance with the law, which is the internal effect of the contract.

The parties must abide by the provisions of the contract, correctly and completely exercise their rights and perform their obligations in accordance with the principle of good faith, and must not abuse their rights or violate their obligations. When the objective circumstances change, the parties must modify or terminate the contract in accordance with the law or with the consent of the other party.

2.The legal effect of the contract after it comes into effect is also manifested in the fact that it has a certain legal binding force on third parties other than the parties. This manifestation of the validity of the contract is called the external validity of the contract.

3.The legal effect of the contract after it takes effect is also manifested in the fact that if a party violates the contract, it will bear civil liability in accordance with the law, and if necessary, the people's court may also take compulsory measures to make the party assume responsibility and perform its obligations in accordance with the provisions of the contract, and remedy the other party. This is provided for in Chapter VII of this Law.

What kind of contract can be valid? Article 55 of the General Principles of the Civil Law stipulates that a civil juristic act shall meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) It does not violate the law or the public interest.

This is the general requirement for the contract to be effective.

When does the contract come into effect? Article 57 of the General Principles of China's Civil Law stipulates that civil juristic acts shall be legally binding from the time of their establishment. This article sets out two levels of regulation as to when a contract will come into force:

1.A contract established in accordance with law shall take effect from the time of its establishment. In other words, the entry into force of the contract is, in principle, consistent with the formation of the contract, and the contract becomes effective when it is established.

So when is the contract formed? According to the provisions of Article 25 of this Law: "The contract shall be formed when the undertaking takes effect.

For example, in a sales contract, if the parties do not specifically agree on the validity of the contract, the contract is formed and takes effect when the parties agree on the main content of the sales contract.

2.Where laws and administrative regulations provide that formalities such as approval or registration shall be completed to take effect, they shall take effect at the time of approval or registration. In other words, some laws and administrative regulations stipulate that the entry into force of a contract must go through special procedures before it becomes legally effective, which is a special requirement for the contract to take effect.

For example, China's Law on Sino-Foreign Joint Ventures and Sino-Foreign Cooperative Joint Ventures stipulate that Sino-foreign joint venture contracts and Sino-foreign cooperative joint venture contracts must be examined and approved by the relevant departments before they have legal effect.

Legally established + is an expression of the true intention of the parties + effective = legally binding (effective).

The formation and entry into force of a contract is a legally binding condition for the contract. The formation of a contract is a prerequisite for the contract to be legally binding.

The contract is legally binding on both parties to the contract. The parties shall fully perform their obligations in accordance with the agreement. The principle of good faith shall be followed, and obligations such as notification, assistance, and confidentiality shall be performed in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, waste of resources, pollution of the environment and damage to the ecology should be avoided.

1. What are the principles of contract performance?

The principles of contract performance, according to Article 509 of the Civil Code, are:

1. The principle of full performance of Chaochang Brigade, the parties shall fully perform their obligations in accordance with the agreement, including pre-contractual obligations, main payment obligations, subordinate payment obligations, ancillary obligations, and ingenuine obligations, etc., all of which must be performed in accordance with the provisions of the law or as agreed;

2. The principle of good faith, the parties shall follow the principle of good faith and perform the obligations of notification, assistance, confidentiality and other obligations according to the nature, purpose and transaction habits of the contract;

3. Green principle, in the process of performing the contract, the parties should consider their own behavior to avoid wasting resources, polluting the environment and damaging the ecology.

2. What are the obligations of entering into a contract.

The contractual obligation is as follows: regardless of whether the contract is concluded or not, the person involved shall not disclose or improperly use the trade secrets known to him. The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

3. Is there an ancillary obligation to the processing contract?

There are ancillary obligations attached to the processing contract. For example, in the process of processing contracting, the processor has an obligation to keep confidential the intellectual property rights and trade secrets involved. If it is necessary to be assisted by other units, the entrusting party has the obligation to assist.

According to Article 509 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, the parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 509 of the Civil Code of the People's Republic of China provides that the parties shall perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

The legal binding force of the contract is mainly manifested in the following ways: the contract will bind the rights and obligations of both parties to the contract; The contract will require the parties not to cancel, modify or terminate the contract without authorization; The contract will also require the parties to perform their contractual obligations in accordance with the principle of good faith; other binding aspects of the law, etc.

A legally formed contract is legally binding on (b).

a.All bParty CRelative person dThird person.

Expansion of the basic definition of parties:

A party is a person who enters into litigation due to a dispute over substantive legal rights and interests, or has a direct relationship with a specific legal fact, and is bound by the court's ruling. There are parties to criminal litigation, civil litigation and administrative litigation. A person who has a vital interest in the facts and outcome of the criminal case and who is in the position of the plaintiff or defendant in the litigation is a party to the criminal proceedings.

In criminal litigation in China, the parties include private prosecutors, defendants, plaintiffs and defendants in attached civil lawsuits.

Civil litigants refer to disputes arising from the rights and obligations of civil entities. Interested parties who litigate in their own name and are bound by court rulings. The Huzhou people in the narrow sense of civil parties only refer to the plaintiff and the defendant, while the civil parties in the broad sense include joint litigants and third parties.

Administrative litigants are interested parties who have disputes over rights and obligations in specific administrative legal relationships and are litigated in their own names and are bound by court rulings, including plaintiffs, defendants, co-litigants and third parties. The names of the parties are different at different stages of litigation.

Extension of the importance of forming a contract by law:

The significance of a contract is that both parties are in a state of trust or distrust, because there is a legal basis for signing a contract that is binding on both parties. In the process of cooperation and performance, there are laws to follow and evidence to be found, so that all business partners can standardize the process of commitment and cooperation performance, so that the cooperation results are perfect and legitimized, which plays an immeasurable role in the harmonious society and public security, and is also an important way for social development and rule of law society.