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Intermediary contract refers to the contract that the intermediary facilitates transactions and obtains remuneration, but not all intermediary contracts are protected by law. According to the Civil Code, the brokerage contract can be legally guaranteed only under the following conditions: 1) The parties must have civil capacity, natural persons must have full capacity, and corporate bodies must be within the legal business scope; 2) The declaration of intention is true, and no fraud, threat or violation of true will is allowed; 3) The contents of the contract do not violate the mandatory provisions of laws and administrative regulations and public order and good customs; 4) Legal form. If these conditions are not met, the contract may not be protected by law.
#Contract affairs
1399 readings
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Even if it is not held in kind, a legally signed contract has legal effect since its birth. The entry into force conditions include: participants must have civil capacity, individuals must hold complete civil capacity certificates, and the company must operate within the approved scope; The expression of contract opinions must be true, and no fraud or violation of laws, administrative regulations and public order is allowed. The contents of the contract shall not be unconstitutional, infringe upon the rights and interests of others or damage the public interest, and the legal model shall be followed under specific circumstances.
#Contract affairs
1479 readings
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The victim can apply to the court or arbitration for cancellation of the contract signed by the victim after being deceived. The victim must exercise the cancellation right within one year when he knows or should know the reason for cancellation. If he does not exercise the cancellation right within five years, the cancellation right disappears. The contract will become invalid after cancellation, and the property involved shall be returned or compensated at a discount. The fraudster shall compensate for economic losses. If a contract is signed involuntarily due to major misunderstanding, fraud, coercion, etc., it is a revocable contract, and its effectiveness depends on the wishes of the parties. The contract is valid before cancellation and has no legal binding force after cancellation. The Civil Code of China lists five types of revocable contracts, including but not limited to major misunderstanding, fraud, coercion, etc.
#Contract affairs
1184 readings
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Easement, as a kind of usufruct, permits others to use others' real estate through written contracts to improve its effectiveness. A written agreement, detailed contents and formal registration are required to take effect. For establishment registration, both parties shall submit an application and relevant materials to the housing registration authority, and go through the registration procedures after verification. Application form, identity certificate, contract, property right certificate, etc. shall be provided for establishment. The easement holder shall enjoy the right to use, the right to affiliated activities and the right to establish facilities. At the same time, the easement holder shall reasonably use the land, pay relevant fees and maintain the operation of facilities, and shall be tolerant of the easee.
#Contract affairs
1011 readings