The legal effect of the agreement, does the agreement have legal effect

Updated on society 2024-07-31
6 answers
  1. Anonymous users2024-02-13

    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.

  2. Anonymous users2024-02-12

    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.

  3. Anonymous users2024-02-11

    1. Does the agreement have legal effect?

    1. Generally speaking, agreements signed under the following conditions are legally valid:

    1) The signing of the agreement requires the parties to reach an agreement, and the meaning expressed is their true intention, and there is no coercion, fraud and other reasons;

    2) In addition to the agreement being an expression of one's true intentions, it must not violate the mandatory provisions of the law and social order and good customs;

    3) In principle, the agreement shall come into force after being signed or sealed by both parties, unless otherwise specified in the agreement.

    2. 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 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.

    Article 144.

    Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

    2. What are the characteristics of the agreement?

    The characteristics of the agreement are as follows:

    1. Broadness. The scope of application of the agreement is relatively broad, and the fields involved are also very wide, and any form of cooperation that is not suitable for signing a contract can be signed as long as the parties reach a consensus through consultation. Enterprises and institutions, mass organizations and individuals can enter into agreements;

    2. Flexibility. Due to the wide range of content and the absence of a fixed and unified writing format, the writing of the agreement is relatively flexible, and the content arrangement and the form of the terms can be negotiated by the parties.

  4. Anonymous users2024-02-10

    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.

  5. Anonymous users2024-02-09

    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 basis].Article 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**.

  6. Anonymous users2024-02-08

    The guarantee or agreement is legally valid, and three conditions must be met to be legally effective: 1. The true expression of intent of both parties. 2. The content does not violate the relevant provisions of the law.

    3. The content of the pants does not violate the principle of public order and good customs. As long as the written note signed by the parties does not violate the provisions of the law, is voluntary, and is a true expression of meaning, it has legal effect. Modulus.

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