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The premise that the civil agreement has legal effect is: both parties to the agreement have the corresponding civil capacity and are signed on the premise that both parties are voluntary, there is no violation of the mandatory provisions of laws and regulations, the format, content and items of the agreement are complete, signed and confirmed by both parties, and there is no deception on both sides, and the procedures are legal.
Legal analysis1. 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 denied, but the provisions that prohibit the law will be invalid! 3. The agreement reached by oneself can be reversed, but it will be used as a reference in the litigation.
Agreements reached under the auspices of administrative organs, judicial organs, notary offices, etc., are fully valid. 1. The agreement entered into by one party by means of fraud or coercion harms the interests of the state; 2. Malicious collusion to damage 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. There are broad and narrow definitions of agreements.
In a broad sense, an agreement refers to a "contract" document commonly used by a social group or individual in dealing with various social relations and affairs, including contracts, protocols, treaties, conventions, joint declarations, joint statements, articles, etc. In the narrow sense, an agreement refers to a contractual instrument with economic or other relations concluded by a state, a political party, an enterprise, a group or an individual on a certain issue after negotiation or joint consultation. The agreement is an important part of applied writing.
Legal basisArticle 502 of the Civil Code of the People's Republic of China: 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 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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The legal effect of the agreement is to better fix the responsibilities assumed by the agreement between the two parties from the institutional and even legal perspectives. As a binding evidentiary document that can clarify the rights and obligations of each other, the agreement has a binding effect on both parties (or parties), and it can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract.
What is the content of the agreement?
1. Purpose of negotiation;
2. Responsibility for the purpose of negotiation;
3. The time and duration of the agreement;
5. The time limit for performing the terms;
6. Liability for violation of terms.
Legal basisArticle 410 of the Civil Code of the People's Republic of China.
If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the discount of the mortgaged property or the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.
If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.
If the mortgaged property is discounted or sold, it shall refer to the market**.
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The agreement has legal effect as long as the following conditions are met: 1. The parties to the agreement have the corresponding civil capacity; 2. The intentions of all parties are true and consistent; 3. The content and form of the agreement 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 actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded 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.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The agreement is a written material signed by two or more parties to the cooperation in social life after reaching an agreement through mutual consultation in order to protect their respective legitimate rights and interests. An agreement is a type of contractual instrument. It is a documented application document with legal effect signed by both parties (or parties) in order to resolve or prevent disputes, or to establish a certain legal relationship, and to achieve certain common interests and wishes.
There is no material difference between an agreement and a contract. 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.
Civil Code of the People's Republic of China
Article 464.
A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.
Marriage, adoption, guardianship, and other agreements related to the relationship between the body and the wild shall be governed by the provisions of the law on the relationship of status;
Where there are no provisions, the provisions of this Part may be applied with reference to Song Companion Li on the basis of their nature.
Civil Code of the People's Republic of China
Article 465.
Contracts established in accordance with the 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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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 basisArticle 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 expression of intent is true;
(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
1. Does the agreement have legal effect?
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The verbal agreement is valid.
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1. Evidentiary effect;
2. Enforcement effect; >>>More
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