Can a verbal agreement be litigated?

Oral agreements can be sued. As long as the parties have the qualifications to be plaintiffs, have a clear defendant, the complaint states the claims, facts and reasons, and other matters, are within the jurisdiction of the court, and can provide evidence to prove their litigation claims, they can file a lawsuit, and the court will accept it in accordance with law. Any evidence that proves the existence of facts can be used as evidence.

Legal analysis

Verbal agreements can also be litigated. This is mainly due to the fact that, according to the relevant laws, the form in which the parties enter into a contract includes not only the written form, but also the oral form. Therefore, if the parties to a contract enter into a contract orally, an oral contract can be established as long as the requirements for the contract to be effective are met.

Specifically, in order for a contract to be formed, it must include: 1. the names or titles of the parties to the contract; 2. The subject matter involved in the contract; 3. The specific quantity of the subject matter. The conclusion of an oral contract does not mean that the oral contract will have legal effect.

Therefore, in the process of filing a lawsuit, the parties need to prove that the oral contract has not only been established, but also has the corresponding legal effect. Although a contract can be concluded orally, if either party to the contract fails to perform its obligations later, and there is no other evidence to prove that the parties have indeed signed the contract, or if the contract can be determined but the rights and obligations of the parties cannot be determined, then the rights and interests of the party who has performed the obligations may not be protected.

Legal basis

Article 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Civil Procedure Law of the People's Republic of China

Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Verbal agreements can also be litigated. The key to a lawsuit is to see if there is sufficient evidence, and as long as there is sufficient evidence, the oral agreement can also be litigated. A verbal agreement is also an agreement, but it is not in written form, as long as there is enough evidence to prove the objective existence of the oral agreement, it is fine.

It can't be said that there is no evidence in the lawsuit, unless the defendant admits this commitment, but in court, will the defendant admit it?

Evidence must be kept fixed, witness testimony, documentary evidence, and audio and video recordings

Legal analysis: Breach of oral agreement can be resolved by litigation. The law stipulates that contracts can be concluded in writing or orally.

An oral contract is simpler and easier to implement than a written contract, as long as the law does not require a written contract, and an oral contract is also valid as long as it is a true expression of the intention of both parties.

Legal basis: Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

As long as the oral agreement meets the statutory conditions, it can be litigated, because the law of our country stipulates that the form of the contract is written, oral or other legal forms. The legal requirements for filing a lawsuit are: the plaintiff is a citizen, legal person or other organization with a direct interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

An oral contract is a non-formal contract, which refers to a form of contract in which the parties express their intentions in language instead of using words to express the content of the contract. In cases where the law does not require written form, oral form may be used as long as the parties agree to do so.

1. Conditions for signing the agreement:

1. There are two or more parties to the contracting party;

2. The parties must conclude the contract "in accordance with the law";

3. The parties must reach a consensus on the main terms of the contract; 4. The establishment of the contract should have the stage of offer and acceptance.

2. Procedures for signing the agreement:

1. One of the parties makes an offer to conclude a contract;

2. If the offeree agrees to the offer, it may make corresponding commitments;

3. If the commitment takes effect, the contract is established.

4. If the contract is concluded in written form, the parties shall sign and seal it.

Legal basis: Civil Procedure Law of the People's Republic of China Article 119: Initiating a lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Summary. Hello dear, glad your question <>

<>Verbal agreement can be litigated. The law stipulates the form of contract formation, including oral form, that is to say, oral contracts in China are legal and valid, except for those that are mandatory for written contracts by laws and administrative regulations. Contracts concluded orally are also protected by law, and their validity is judged by the same criteria as written contracts.

Can a verbal agreement be litigated?

Hello dear, glad your question <>

<>Verbal agreement can be litigated. The law stipulates the form of contract formation, including oral form, and it is also widely imitated that oral contracts in China are legal and valid, except for those that are mandatory for written contracts by laws and administrative regulations. Contracts concluded orally are also protected by law, and their validity is judged by the same criteria as written contracts.

Legal basis

Article 119 of the <> Civil Litigation and Equalization Model Litigation Law, a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) The people's court accepting civil litigation is under the jurisdiction of the people's court accepting civil litigation and the people's court receiving the lawsuit.

I am a homeowner and I build my own house, and one of the packages was given to the contractor, but it was a verbal agreement, and now his worker has an accident, what should I do.

What exactly is your verbal agreement?

I am a homeowner and I build my own house, and one of the packages was given to the contractor, but it was a verbal agreement, and now his worker has an accident, what should I do.

It is he himself who is responsible for safety and engineering, so now the contractor is responsible for you, right?