Whether an agreement signed by a private person has any legal effect

As long as the following four conditions are met, a private agreement can be regarded as having legal effect: 1. Both parties to the agreement must have the corresponding civil capacity; 2. The signing of the agreement is the true expression of the intention of both parties; 3. The agreement does not violate the mandatory provisions of laws and administrative regulations; 4. The agreement does not violate public order and good customs, and does not harm the legitimate rights and interests of others and the interests of the state and society. In order for a private agreement to be legally valid, three conditions are generally met:

Therefore, regardless of whether it is signed privately or not, as long as the signed second-hand housing sales contract satisfies these three conditions, an irrevocable relationship of specific rights and obligations arises between the parties. Neither party may renege at will, and if it fails to perform, it will have legal consequences or be punished as a breach of contract or as a continuation of compulsory performance. It is necessary to remind both parties here that the law prohibits the listing of houses without a title certificate, so the signing of a sales contract and notarization alone are not protected by law.

The parties may conclude a contract in 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.

In general, whether the agreement is established or not, whether it is valid or not, is not affected by the presence or absence of a notary, but only related to the signing entity, the signing procedure and the content of the agreement itself.

Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

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: According to the relevant laws and regulations of China, it is possible for an agreement signed by a private person to have legal effect, as long as the parties to the agreement have full civil capacity, and the expression of intention does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil law is valid for civil juristic acts that meet the following conditions: (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.

Legal Analysis: Legally Enforceable. The compensation agreement signed privately is legal and valid, and cannot be reversed.

If either party believes that there was a major misunderstanding or obvious unfairness in signing the compensation agreement, or that there was fraud or coercion in signing the agreement, it may sue to revoke the compensation agreement, and the court shall make a new judgment in accordance with the regulations.

Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil law is valid for civil juristic acts that meet the following conditions: (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 114: Civil juristic acts carried out by persons without capacity for civil conduct are invalid. Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not cause the civil juristic act to be ineffective in a wild way. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 115: Civil juristic acts where the perpetrator maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.