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How does the court recognize and deal with oral agreements

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How does the court recognize and deal with oral agreements


        

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  • 2024-06-14 17:00:48

    How does the court determine and deal with oral agreements? An oral agreement, provided that its contents do not violate the mandatory provisions of laws and administrative regulations. One party did not conclude the contract by means of fraud or coercion, which harmed the national interests; The two parties are not malicious collusion, which damages the interests of the state, the collective or a third party; Both parties do not cover up illegal purposes in a legal form; It does not harm the public interest. The subject of the contract has the capacity for civil conduct and the capacity for civil rights; If the declaration of intention is true, the contract is established and has legal effect, and is protected by law. 1. The legal provisions on the effectiveness of oral agreements: The Civil Code stipulates that the parties conclude contracts in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, it shall be in writing. In other words, in principle, oral agreements are valid. Except for 14 kinds of laws, such as construction contract and labor contract, which require written contract, the parties can agree to conclude the contract orally. The oral agreement is valid as long as both parties agree to the oral agreement.
    Countermeasures against the risks of oral agreement when disputes arise between the two parties to an oral agreement contract, one party files a lawsuit with the court, but at this time, it is difficult to provide evidence for the oral agreement. You can take several methods to deal with risks. (1) When the parties conclude an oral agreement, they may make audio or video recordings of the negotiation and conclusion process, or they may agree to find a third person who is not interested in both parties to witness the conclusion. Such audio or video recordings and witness testimony may be used as evidence in case of disputes in the future. (2) Keep written records of communication and conversation during the transaction. During the transaction, try to use SMS, WeChat, QQ and other methods for communication and conversation. You can leave written records of conversation for future rights protection. If the communication is mainly by telephone, the parties can record the dialogue. (3) After an oral agreement is reached between the two parties on the transfer or on the spot delivery of vouchers, when one party makes payment, it will transfer money through the bank or online payment, etc., and one party can note the reason for the transfer when transferring money; Or both parties need to keep relevant transfer records or receipts for cash delivery on the spot for future rights protection. The oral agreement is convenient and fast. An oral agreement is generally valid if it is not invalid and can be concluded orally. However, the oral agreement has certain risks, and it is difficult to provide evidence for safeguarding rights in case of disputes.
    Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may enter into a contract in written, oral or other forms. The written form is the form in which the contract, letter, telegram, telex, fax, etc. can tangibly express the contents contained. Data messages that can physically represent the contents contained and can be accessed at any time by means of electronic data exchange, e-mail, etc. are regarded as written forms. The above is the content of the oral agreement. I hope it can help you.

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