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1. What should I do if the other party does not admit the oral agreement.
Oral agreements are also an important form of expression in the form of contracts. According to Article 10 of the Contract Law of the People's Republic of China, a contract may be concluded orally, except for contracts that are required by laws and administrative regulations or agreed by the parties to be in written form.
If the other party does not admit it, it may file a lawsuit with the people's court to protect its own legitimate rights and interests.
According to the principle of "whoever asserts the claim shall present evidence", when the plaintiff files a lawsuit with the court, it should submit evidence that can prove its claim, and although there is no contract in written form, it can also rely on other supporting evidence to prove the facts of the case. For example: WeChat chat records, call recordings, video recordings, receipt and delivery handover orders, correspondence mailboxes, witnesses, etc.
Any evidence that can prove the rights and obligations of the parties to the contract can be regarded as evidence and submitted to the court.
Legal basis: Article 10 of the Contract Law of the People's Republic of China.
The parties enter into a contract in written, oral and other forms.
Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.
2. Validity of oral agreements.
The validity of an oral agreement is protected by the force of law as much as that of a written agreement. However, the content of the agreement must comply with the mandatory provisions of the law; The subject of the oral agreement must be qualified, that is, it must be specific and complete in civil conduct and rights capacity, or it must be consistent with its age and intelligence; More importantly, the content of the oral agreement must be a true expression of the intention of the parties. Pursuant to Article 10 of the Contract Law:
The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.
Article 44: A contract established in accordance with law shall take effect upon its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.
3. How to resolve the breach of oral agreement.
If the other party verbally breaches the contract, it can negotiate with the other party first to find the best solution for both parties; When both parties cannot reach an agreement, the breached party can request the other party to continue to perform the contract and compensate for liquidated damages through litigation. According to Article 107 of the Contract Law, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 108: If one of the parties expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may require it to bear the liability for breach of contract before the expiration of the performance period.
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The law provides that contracts can be concluded in various legal forms. If one of the parties to the contract does not recognize the oral agreement that has been signed, the parties can generally solve the problem in the following ways: 1. The two parties negotiate freely and propose a solution; 2. The parties file a lawsuit with the court and require the other party to perform their rights and obligations according to the judgment of the court; 3. If an agreement has been signed in advance, the parties may initiate arbitration with the arbitration authority.
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If the other party does not admit the oral agreement, and there is no other recording or witness, there is no choice but to admit it.
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Since it is a verbal agreement, if there is no recording, the other party repents, and there is no way to do this, so it is better to set up written evidence as proof in the future.
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If the other party does not recognize the oral agreement, you have no choice, because the oral agreement has no legal effect and is not protected by law.
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Do you have any evidence of recording or anything, if not, then you can only admit it, and you will remember it for a long time next time. It doesn't matter, it's also an experience.
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The verbal agreement does not have legal effect, the other party does not admit it, and you do not have any evidence.
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An oral agreement has legal effect unless witnessed by a third party, or the court will not be able to prove the authenticity of the oral agreement.
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Oral agreements are also an important form of expression in the form of contracts. According to Article 10 of the Contract Law of the People's Republic of China, a contract may be concluded orally, except as provided by law, administrative regulations or by agreement of the parties to a contract that must be in written form. If the other party does not admit it, it can be Kailiang to file a lawsuit with the people's court to protect its own legitimate rights and interests.
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If the other party does not admit the oral agreement, the evidence can be collected by means of ** contact recording, etc., and if a third party witnesses, it can be allowed to issue witness testimony. While looking for evidence of oral agreement, some indirect evidence can be collected, such as faxes, e-mails, bills, ** recordings, chat records, etc., exchanged between the two parties when performing the oral contract.
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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Summary. Hello, the agreement of the oral agreement generally has no legal effect, so if the other party does not recognize the oral agreement, you can consider the following points:1
Verify the communication records of both parties to see if there is relevant evidence that the parties reached a verbal agreement. 2.Try to resolve the dispute through communication and negotiation, understand the reasons and specific circumstances of the other party's non-recognition, and try to find a solution that is acceptable to both parties.
3.If communication is ineffective, consider seeking legal redress to resolve the dispute, such as suing the other party or mediation.
Hello, the agreement of the oral agreement is generally not legally valid, so if the other party does not recognize the oral agreement, you can consider the following points:1Verify the communication records of the two parties and quietly see if there is relevant evidence to prove that the parties have reached a verbal agreement.
2.Try to resolve the dispute through communication and negotiation, understand the reasons and specific circumstances of the other party's non-recognition, and try to find a solution acceptable to both parties. 3.
If communication is ineffective, consider seeking legal redress to resolve the dispute, such as suing the other party or mediation.
Dear, you can tell me about your situation in detail, and I will help you analyze and solve it.
I contracted the scaffolding work on the construction site with my friend, the other party had no money, and there were no workers, and said to the quick judge, I will pay, Yuanchangji will be a worker, and we will share the money together, and after the project is completed, he doesn't want to share the hail and the money he earns with me.
Do you have any evidence that this verbal agreement was reached between the parties?
In this case, if the communication is ineffective, then the only way to resolve the dispute is to seek legal recourse, such as suing the other party or applying for mediation.
No, I thought the words spoken by men were not changed.
Whether it's a man or a woman, what you say is responsible.
If your friend is not fulfilling the verbal agreement, you can communicate with him and let him know the importance of the verbal agreement and the responsibility to fulfill the agreement.
I invested seventy or eighty thousand dollars. He only invested more than 20,000 yuan, and the workers were all mine, so he only gave me my salary and 10,000 yuan for worry.
Can anyone attest to your cooperation?
Is there a transfer record?
I negotiated in person today, but I didn't negotiate well.
Some. Try to gather some evidence if you can't negotiate a solution.
That can only be solved by prosecution.
Do you probably know that? If you still don't understand something, feel free to ask me.
Police station, can you manage it?
OK. You can first try to go to the local police station to report to the police or apply for mediation.
The police station can assist you in resolving some civil disputes, especially small disputes or simple disputes.
When handling disputes, the police station will require both parties to provide relevant evidence, such as communication records, text messages, audio recordings, etc.
However, if the dispute cannot be resolved through mediation, you may need to consider seeking a higher level of judicial or arbitration to resolve the issue.
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If the other party does not recognize the oral agreement, it can file a lawsuit with the people's court. According to the principle that whoever asserts the claim shall bear the burden of proof, when filing a lawsuit with the court, the plaintiff shall submit evidence that can prove his claim, and although there is no contract in written form, he can also rely on other auxiliary evidence to prove the facts of the case. Article 64 of the Civil Procedure Law stipulates that the parties have the responsibility to provide evidence for their own claims.
The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court deems necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence. Article 566 of the Civil Code [Effect of Contract Termination] After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.
If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still bear the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
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Verbal agreement on the other party's non-recognition of the solution:
1. The parties may terminate the contract and require others to bear the liability for breach of contract;
2. Evidence must be presented to prove the existence of the fact of breach of contract and the fact of oral agreement, which can generally be proved through the testimony of other people's witnesses, other physical evidence and other evidence.
How to prove the fact that an oral contract was reached.
1. If there are other third-party witnesses present or recorded at the time of the oral agreement, and the other party does not perform the oral agreement, it may directly file a lawsuit with the court to have the third-party witness appear or make the recording to prove the existence of the oral agreement;
2. If there are no witnesses present, it is best to negotiate with the other party again, if the negotiation fails, you can try to collect evidence of the existence of the oral agreement in the form of recording, and then file a lawsuit in the court to require the other party to perform the oral agreement or compensation;
3. The claimant is required to provide indirect evidence of the performance of the contract at that time, and the faxes, e-mails, bills, recordings, chat records, etc. exchanged between the two parties when performing the oral contract;
4. The contract agreed upon by Shuangji Zen by email and chat can also be regarded as the content of the contract.
To sum up, if the other party does not recognize the oral agreement, the party asserting the existence of the agreement shall provide other evidence to prove it.
Legal basis]:
Article 63 of the Civil Procedure Law of the People's Republic of China.
Evidence includes: 1) statements by the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
The evidence must be verified to be true before it can be used as the basis for determining the facts.
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