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Xiangzhou District Doumen District Jinwan District

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Contract validity Breach of contract Termination of Contract Contract conclusion contract dispute Contract review Refund dispute

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Whether the contract signed on behalf has legal effect

Signing a contract on behalf of others is an act of agency, which requires the parties to have civil capacity and legal representative; Although not restricted by law, the legal representative shall act in person and the offshore company shall comply with local laws. The delegation authority shall be within the scope of authorization, and unauthorized delegation may be invalid. In special circumstances, if the opposite party believes that the actor has the right to act as an agent, it may still have effect. Be sure to comply with laws and authority provisions to ensure the validity of the contract. #Contract affairs 1033 readings
What are the main contents of apparent agency

"Agency by estoppel" means that an unauthorized agent makes the counterpart reasonably believe that he or she has the right to act on behalf of others when he or she appears to have the power of agency. The establishment shall meet five conditions: 1) the actor has no substantive agency right; 2) The counterpart believes that it has the power of agency; 3) The perpetrator has an actual or legal connection with the principal; 4) The counterpart is unaware of and mistakenly believes the formal agency right; 5) The behavior meets the requirements of effective civil behavior. The authorization shall be clear in writing and signed by the principal for confirmation. Apparent agency strictly requires all conditions under the premise of no agency right, especially emphasizes the necessity of disqualification of the actor to protect the rights and interests of the counterpart. #Contract affairs 1168 readings
What are the specific conditions for the effectiveness of the contract

The validity of the contract is based on the general conditions (subject, expression of intention, subject matter) and specific premise, and the commitment comes into force. However, the validity still needs to be tested by law: the subject needs to have the capacity to act, the expression of meaning is true, and the subject matter is legal. Only when these conditions are fully met can the contract have legal effect. #Contract affairs 1442 readings
What obligations should the seller perform in the sales contract

The key responsibilities of the seller in the commodity transaction contract include: actual or conceptual delivery of the product to ensure the legal transfer of ownership to the buyer; Fulfill the right to know and inform the buyer of possible defects in the product and the rights and interests of a third party; To guarantee the quality of products, even after sales, the quality and use value of the products should be guaranteed. These responsibilities ensure the smooth progress of the transaction and safeguard the rights and interests of the buyer, which is different from the simple property possession transfer contract. #Contract affairs 1240 readings

How to deal with the non performance of the other party after the compensation agreement is signed

When the compensation agreement is not performed, the parties shall first negotiate for settlement. If the negotiation fails, the rights and interests can be protected through arbitration or civil litigation. If one party violates its contractual obligations, resulting in the noncompliance of the execution results, the observant party has the right to request compulsory execution, remedy and pursue the responsibility for economic losses. #Contract affairs 1485 readings
How to determine the validity of the property division agreement written by yourself

According to Article 143 of the Civil Code of China, the personal property distribution agreement has legal effect only when the subject has the corresponding capacity, has true intention, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. #Contract affairs 1447 readings
How to determine the amount of damages for breach of contract

When the rights and interests are damaged due to breach of contract or breach of contract, the injured party has the right to choose liability for breach of contract, tort liability and moral damage compensation. The amount of compensation must be based on actual losses, including expected additional gains, and shall not exceed the expected default losses. If the penalty is inconsistent with the loss, the judicial authority can adjust it; If it is too high, it can be reduced as appropriate. No matter what causes serious injury to the personality right and mental damage, the injured party has the right to investigate the liability for breach of contract, and is not limited by the application for mental compensation. #Contract affairs 962 readings
How to investigate the liability for breach of contract after the disclosure of trade secrets

The value and confidentiality of trade secrets are its essence, and the owner needs to protect them carefully. Both parties can negotiate to set the liability for breach of contract. The penalty is linked to the actual loss, and the court or arbitration institution will adjust it as needed. Those who intentionally and seriously violate trade secrets shall be compensated based on actual losses or improper gains, up to five times, and include reasonable expenses for resisting infringement. #Contract affairs 1164 readings

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