Is there any legal effect for the parties to settle and sign an agreement?

Legal Analysis: A settlement agreement signed by both parties voluntarily is legally valid. Enforcement settlement refers to an agreement reached by both parties on how to enforce the subject matter of enforcement voluntarily through negotiation in the course of enforcement.

Once the enforcement settlement agreement is reached, it has legal effect, on the grounds that the agreement clarifies the method, content and time limit of enforcement, and is binding on the obligee and obligor.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include 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.

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.

When the parties conclude a contract, they should take fairness as the starting point, which is a prerequisite for the smooth performance of the contract. Article 502 of the Civil Code: 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.

Legal analysis: the settlement agreement has legal effect, the settlement agreement is signed between the parties, different from the mediation agreement, so it only has the effect of an ordinary contract, if one party breaches the contract only needs to bear the corresponding liability for breach of contract, the liquidated damages can be agreed in the settlement agreement, if there is no agreement in the agreement, you can claim compensation for losses.

Legal basis: Article 89 of the Civil Procedure Law of the People's Republic of China The content of the court's mediation document includes the following three items: First, litigation claims.

That is, the plaintiff's claim for substantive rights against the defendant. If the defendant files a counterclaim against the plaintiff, it shall also be stated in the mediation statement. Where a third party participates in the litigation, the third party's claims and reasons shall also be clearly stated.

The second is the facts of the case. That is, the whole process of the occurrence and development of civil rights and obligations disputes between the parties and the disputes between the parties. The third is the mediation result.

That is, the content of the mediation agreement reached by the parties under the auspices of the adjudicator, including the burden of litigation costs.

Legal analysis: the settlement agreement is signed between the two parties, so it has the effect of an ordinary contract, if the breach of contract only needs to bear the liability for breach of contract, it depends on whether the two parties have agreed in the contract, if not, the general liability for breach of contract includes compensation for losses, payment of liquidated damages, etc.

Legal basis: Code of the People's Republic of China

Article 463 This Part regulates civil relations arising from contracts.

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; According to the laws of our country, if a regular employee needs to resign during the labor dispatch time, he or she shall submit it to the employer 30 days in advance, and if it is a probationary period, it shall also be submitted to the employer three days in advance, depending on the actual situation. The provisions of this Part shall apply by reference.

Legal Analysis: Yes. Based on the concept of "contract must be complied with", a legal and effective settlement agreement is binding on both parties, and the debtor can also have the right to defend against the creditor's request for enforcement and require the creditor to perform in accordance with the settlement agreement.

Legal basis: Article 509 of the Civil Code of the People's Republic of China 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.

If the settlement agreement is signed voluntarily by both parties, it is legally effective as long as it does not violate the relevant provisions of laws and regulations.

According to Article 143 of the Civil Code implemented in 2021, 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.

Paragraph 1 of Article 502 stipulates that a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

If the terms of the supplementary agreement are inconsistent with the original contract or in conflict, the supplementary agreement shall prevail, but the original contract expressly states that the terms that cannot be changed, and the changes to the terms in the supplementary agreement shall not have legal effect. In the event of a contradiction between the provisions of the supplementary contract and the provisions of the main contract, the agreed terms shall prevail after the time limit. Therefore, the validity of the supplementary contract is superior to that of the main contract.

The agreement that comes later is actually a revision of the original agreement of the main contract, which is the essence and substance of the supplementary contract. If the original terms of the main contract are still enforced, the meaning of the existence of the supplementary contract will be lost. If the supplementary agreement and the supplementary agreement for contract modification add too many new provisions to the main contract, the supplementary contract can hardly be called a supplementary contract.

The supplementary agreement modifies the main contract too much in excess of the appropriate amount, or the supplementary agreement makes substantial additional changes to the substantive elements of the main contract. For example, the first clause, technical standards, performance period and other provisions have been modified that are not conducive to one of the wild parties, which cannot be called a supplementary agreement. These additions and modifications already meet the requirements of the contract change and should be referred to as the contract change.

What are the circumstances of contract performance: 1. Suspension of performance. If the creditor divides, merges or changes its domicile without notifying the debtor, resulting in difficulties in performing the debt, the debtor may suspend performance or deposit the subject matter.

2. Fulfill in advance. The creditor may refuse the debtor's early performance of the debt, unless the early performance does not harm the interests of the creditor. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

It should be noted that Article 208 of the Contract Law treats early performance as a right of the borrower, and therefore is an exception to the early performance rule. 3. Partial fulfillment. The creditor may refuse the debtor's partial performance of the debt, unless the partial performance does not harm the interests of the creditor.

The debtor shall bear the additional costs incurred by the creditor for the debtor's partial performance of the debt. What is the legal effect of the Supplemental Agreement? After the supplementary agreement has been signed, as long as it can comply with the relevant fixation of the law, it will definitely be able to play the corresponding legal effect, so you don't have to worry.

The Enterprise Bankruptcy Law of the People's Republic of China (for Trial Implementation) stipulates that after the enterprise and the creditors' meeting reach a settlement agreement, the people's court shall issue an announcement to suspend the bankruptcy procedure after it is approved by the people's court. The settlement agreement shall have legal effect from the date of announcement.

After the settlement agreement takes effect, the following legal consequences will occur:

1. Suspension of bankruptcy proceedings. The people's court recognizes the settlement agreement reached between the debtor and the creditor's rights, issues an announcement, suspends the bankruptcy proceedings, and the debtor restores its civil capacity to exercise the management of the enterprise, but due to the effectiveness of the settlement agreement, the creditor's rights formed between the debtor and the creditor before the settlement agreement takes effect are still bound by the settlement agreement, and the debtor has no right to pay off the debts to the creditor alone. However, if a debt is formed between the debtor and the creditor's rights after the settlement agreement takes effect, the debtor may accept its separate repayment, and if the debtor fails to repay the debts due, the creditor may apply to the people's court for compulsory enforcement.

2. The debtor shall pay off its debts in accordance with the provisions of the effective settlement agreement. An important part of the conciliation agreement is the debtor's request to the creditor for a postponement of the repayment of the due creditor's rights, and specifies the time limit and amount of debt repayment, the debtor shall repay the debts in accordance with the time limit and amount reached in the conciliation agreement, and shall not violate the provisions of the conciliation agreement to pay off only the debts of individual creditor's rights.

3. The people's court cannot enforce the settlement agreement. During the enforcement period of the conciliation agreement, if the debt fails to perform the contents reached in the conciliation agreement, the creditor can only apply to the people's court to terminate the execution of the conciliation agreement and declare the enterprise bankrupt, but cannot compel the debtor to execute the conciliation agreement.

1. What are the consequences of failing to declare the creditor's rights within the time limit.

The consequence of failing to declare the creditor's right within the time limit is that if the claim is not declared within the time limit, it will be deemed to have automatically waived the creditor's right.

The second paragraph of Article 9 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that if a creditor fails to declare its creditor's rights within the time limit, it shall be deemed to have automatically waived its creditor's rights. This provision should be interpreted to mean that a creditor who fails to file within the time limit loses the eligibility to be repaid through the procedure of breaking up the property of the friend. However, his civil rights are not extinguished.

He can also exercise his rights in three cases:

1. The bankruptcy proceedings are terminated because the debtor meets the circumstances specified in the first paragraph of Article 22 of the Enterprise Bankruptcy Law (repayment of debts in accordance with the conciliation agreement);

2. If the debtor meets one of the circumstances specified in the second paragraph of Article 3 of the Enterprise Bankruptcy Law (** department subsidizes the repayment of debts or obtains guarantees), the debtor shall not be declared bankrupt and the bankruptcy proceedings shall be concluded;

3 The debt may be discharged from the debtor's guarantor or other joint debtors outside the bankruptcy proceedings.

The legal effect of the settlement agreement has long been referred to: according to the provisions of the relevant laws of China, the settlement agreement is signed by the parties out of agreement, so the settlement agreement signed in accordance with the return law has the effect of an ordinary contract, if the breach of contract only needs to bear the liability for breach of contract, it depends on whether the two parties have agreed in the contract, if not, the general liability for breach of contract includes compensation for losses, payment of liquidated damages, etc.

[Legal basis].

Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) the actor Lu Shipei 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 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.