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1. As long as the prenuptial real estate agreement is the true expression of the intention of both parties, does not violate the prohibitions of laws and regulations, does not violate relevant national policies, and does not harm the interests of the state and the collective and the legitimate rights and interests of others, it has legal effect and is legally binding on both parties.
2. The validity of the prenuptial real estate agreement does not mean the transfer of property rights. The transfer of ownership of immovable property shall be subject to the registration of property rights for publicity。That is to say, if it is only the agreement of the prenuptial real estate agreement, and the house is not registered in time, it is not enough to protect the rights and interests of the parties.
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As long as it is the true expression of the intention of both parties, does not violate the prohibitive provisions of laws and regulations, does not violate relevant national policies, and does not harm the interests of the state and the collective and the legitimate rights and interests of others, it has legal effect and can be regarded as a contract and has the effect of a contract.
However, whether the validity of the contract can be realized depends on whether the right of formation is properly exercised.
I feel that you don't want to ask the question of legal effect, you just want to know if it is useful, tell you, it is useless, it has nothing to do before and after marriage, the real estate certificate is the largest, and the rest are floating clouds, and the lawsuit will tire you to death.
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First of all, it is important to understand that civil contracts or agreements are generally valid if they do not contradict laws and regulations, but whether they can be used against other people depends on whether you have registered with the relevant departments.
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Both parties agree that it is legally valid to be notarized by an impartial authority after signing!
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Legal analysis: A prenuptial agreement on real estate signed voluntarily and by consensus between the two parties is legally valid. The law provides that a man and a woman may agree on premarital property.
Legal basis: Civil Code of the People's Republic of China
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage relationship and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or clan wives in the contracting and management of family land shall be protected in accordance with law.
The verbal agreement is valid.
Civil law provides that there are two forms of contract: the first is oral, and the second is written. An agreement or contract concluded orally is valid as long as it is expressed in the true interest of both parties. >>>More
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
1. Does the agreement have legal effect?
1. Generally speaking, agreements signed under the following conditions are legally valid: >>>More
On this issue, the law is controversial, and the law does not yet explicitly stipulate the validity of such agreements, and whether they are valid or not needs to be analyzed on a case-by-case basis. >>>More
Legal Analysis: Oral agreements are also an important form of expression in the form of contracts. An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without writing form, and this kind of agreement generally has legal effect. >>>More