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In fact, you are two sales contracts, you do not know the nature of the house, if you cannot transfer the ownership immediately, you should enter into an agreement, for the sake of prudence, it is advisable to notarize.
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The agreement is valid if it meets the conditions stipulated in Article 143 of the Civil Code, which came into effect in 2021. According to Article 143 of the Civil Code, a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) the expression of intent is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 153 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.
Article 143 of the Civil Code provides that 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 genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 153 of the Civil Code provides that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.
However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.
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1.For a contract to be legally valid, it is generally sufficient as long as the parties to the contract reach an agreement.
2.As long as it is the true intention of the parties to the agreement and does not violate the mandatory provisions of the law, it has legal effect. However, when writing an agreement, you should pay attention to protecting your own legitimate rights and interests, and write it according to the specific situation.
The rights and obligations of all parties should be clarified to avoid disputes in the future.
There are three conditions that need to be met for a contract to be valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) It does not violate the law or the public interest. This is the general requirement for the contract to be effective.
The Contract Law provides:
Article 3 The legal status of the parties to the contract is equal, and one party may not impose its will on the other party.
Article 5: The parties shall follow the principle of fairness in determining the rights and obligations of each party.
Article 6: Parties exercising rights and performing obligations shall follow the principle of good faith.
Article 7: When parties conclude or perform a contract, they shall abide by laws and administrative regulations, respect social morality, and must not.
Disrupt the social and economic order and harm the public interest.
Article 8 A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their duties in accordance with the agreement.
The contract shall not be changed or terminated without authorization.
Contracts established in accordance with the law are protected by law.
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Legal analysis: As long as it is an expression of the true intention of both parties, there is no coercion, fraud and other reasons, and the content is legal, and the agreement is signed and sealed by the parties, it has legal effect and does not need a special format.
Legal basis: Civil Code of the People's Republic of China
Article 406 A contract established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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1. How to write an agreement to have legal effect.
1.The agreement is legally valid only if it does not violate the mandatory provisions of the law. There is no special format, and it is valid as long as it does not violate the law. Specifically:
1) Ensure the legitimacy of the content, and its content must not violate the mandatory provisions of the law;
2) The content of the agreement should be concise and direct, and clearly stipulate the rights, obligations, liabilities for breach of contract, conditions for terminating the contract, validity period and other factors according to the type of agreement;
3) The information of the parties to the agreement is true and accurate;
4) The signature and seal are true.
2.Legal basis: Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) the name and domicile of the parties;
2) subject matter; 3) quantity;
4) Quality; e) ** or remuneration;
6) the time limit, place and manner of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract by referring to the model texts of various contracts.
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. >>>More
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