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Does the "separation agreement" signed by rural homestead family members have legal effect?

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Does the "separation agreement" signed by rural homestead family members have legal effect?


        

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  • 2024-06-14 17:00:01

    Does the "separation agreement" signed by rural homestead family members have legal effect?
    The separation with legal content has legal effect. If there is no provision in Article 52 of the Contract Law, it generally has legal effect. According to Article 52 of the Contract Law, the contract is invalid under any of the following circumstances: 1. One party entered into the contract by means of fraud or coercion, thereby harming the interests of the state; 2. Malicious collusion, which harmed the interests of the state, the collective or a third party; 3. Covering up illegal purposes in a legal form; 4. Harming the public interest; 5. Violating the mandatory provisions of laws and administrative regulations. According to Article 8 of the Contract Law of the People's Republic of China, a legally formed contract is legally binding on the parties. The parties shall perform their obligations in accordance with the contract, and may not modify or terminate the contract without authorization. A lawfully formed contract shall be protected by law. Where a dispute arises over the ownership or content of the real right, the interested party may request confirmation of the right. If the real right is impaired or may be impaired, the obligee may request the elimination of the impairment or danger. The validity of an agreement does not mean the validity of a change in property rights. Whether a contract becomes effective depends on the following elements: 1. The subjects of both parties are qualified. A person with full civil capacity who is mentally and intellectually sound or a legal person who has a business license. 2. The meaning is true. There is no fraud, coercion, taking advantage of others' difficulties or obvious unfairness. 3. The content does not violate the mandatory provisions of the law.

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