How to write the agreement between the two parties is valid. This agreement is a written material signed to protect the legitimate rights and interests of both parties. So how can we make an agreement legally effective? Let me tell you how to write the agreement between the two parties.
How to write the agreement between the two parties is valid 1 1. How to write the agreement between the two parties is valid.
A valid agreement is signed by a person with corresponding civil capacity under the condition that the intention is true, the content is legal and does not violate public order and good customs. It generally includes the following contents: the requirements and quantity of the subject matter; The payment price, payment method and term of the index; Packaging methods and inspection terms, etc.
Second, how to write a written contract agreement
Take the written contract agreement of rural land circulation as an example.
Transferor (hereinafter referred to as Party A): _ _ _ _ _ _
Transferee (hereinafter referred to as Party B): _ _ _ _ _ _
Party A and Party B reach an agreement on the transfer of the contracted management right of land in accordance with the Rural Land Contract Law of People's Republic of China (PRC) and other relevant laws, regulations and national policies, and on the principle of equality, voluntariness and compensation, and conclude this contract.
(1) Purpose of transfer
Party A transfers the contractual management right of _ _ _ _ _ _ _ _.
(2) Term of transfer
The term of the contracted management right of the transferred land is _ _ _ _ _ _ _ _ years.
(3) Transfer price
The transfer fee for the contracted management right of the transferred land is RMB _ _ _ _ _ _. When Party A contracted to operate the land, if it actually invested funds and manpower to transform the relevant land, it could charge reasonable compensation. The compensation amount in this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(4) Method and time of payment
Party B shall pay the transfer fee and compensation fee in the following ways:
1. Pay the transfer money and compensation in cash (once or in installments) (if no compensation can be crossed off), and the payment time is _ _ _ _ _ _ _ _.
2. Pay the transfer payment and compensation in kind (once or in installments) (if there is no compensation to cross off), and the type is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(five) the time and manner of delivery of land contractual management rights.
Party A shall, before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The delivery method is _ _ _ _ _ _ _ _ or one-time delivery on site.
(six) the special agreement on the transfer and use of the contractual management right.
1. The transfer of the land contractual management right must be approved by the employer, and Party A shall go through the relevant formalities. After the Contract comes into effect, Party A shall terminate the contractual relationship with the employing unit.
2. The contracted land delivered by Party A must meet the standards agreed by both parties.
3. Party B must establish a new contractual relationship with the employer, change the certificate of land management right and sign a new land management contract in order to obtain the land management right.
4. After obtaining the right to contracted management of land, Party B shall enjoy the right to use, benefit, organize production and management independently and dispose of products according to law.
5. Party B must bear the agricultural taxes and fees and other obligations stipulated by the national policy per mu.
6. Party B must protect and rationally use the land according to law, and shall not engage in predatory management or cause permanent damage to the land, and shall be responsible for protecting the state and collective property such as trees, irrigation and drainage facilities on the contracted land.
7. Party B shall not change the agricultural use of the land or use it for non-agricultural construction.
8. Other agreements: _ _ _ _ _ _ _.
(7) Liability for breach of contract
1. After this contract comes into effect, Party A and Party B shall strictly perform their contractual obligations in good faith. If one party breaches the contract, it shall pay liquidated damages to the observant party. The amount of liquidated damages is _ _ _ _ _ _.
2. If the liquidated damages are insufficient to make up for the economic losses of the observant party, the breaching party shall pay the liquidated damages as well as the compensation. The amount of compensation shall be negotiated by Party A and Party B or awarded by the land contracting arbitration institution, or awarded by the people's court according to the specific losses.
(8) Dispute clause
Any dispute arising from the conclusion, effectiveness, performance, modification and dissolution of this contract shall be settled by both parties through consultation. If negotiation fails, the following option _ _ _ _ shall be adopted for settlement:
1, submitted to the village committee, township (town) people's government and rural land contract ownership mediation;
2. Submit to the Arbitration Commission for arbitration;
3. Bring a lawsuit to a people's court with jurisdiction.
(9) Conditions for entry into force
Party A and Party B agree that this contract shall come into effect after being signed by both parties, agreed by the employer and filed (or certified) by the rural management agency of the township (town) government.
(10) Other clauses.
For matters not covered in this contract, both parties may sign a supplementary agreement through consultation. The supplementary agreement has the same effect as this contract.
This contract is made in quadruplicate, one for each party.
Representative of Party A (signature): _ _ _ _ Representative of Party B (signature): _ _ _ _ _
ID number: _ _ _ _ _ ID number: _ _ _ _ _ _
Address: _ _ _ _ _ _ Address: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employer (signature): _ _ _ _ _ _ Verification unit (signature): _ _ _ _ _
ID number of legal representative: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
How to write the agreement between the two parties is valid. In order for the agreement to have legal effect, we should pay attention to the fact that the contents of the contract cannot violate the mandatory provisions of laws and administrative regulations, harm the public interests, harm the interests of the state, the collective or the third party, and cover up the illegal purpose in a legal form, so that the agreement can have legal effect.
1. What is the format of a legally binding agreement?
1. Title of the agreement: names and reasons of both parties. The agreement consists of three parts.
2. Agreement text: terms, negotiation purpose, responsibility for negotiation purpose, time and duration of agreement, terms and remuneration for negotiation purpose (currency must be specified when setting price), term of performance of terms, responsibility for breach of terms, signing (signing) and signing date of both parties (or both parties).
Second, what is the agreement?
1. Agreement is a kind of contract document, which is a legally binding application document signed by both parties after reaching an agreement through consultation in order to solve or prevent disputes, or establish a legal relationship and realize certain interests and wishes.
2. The purpose of concluding the agreement is to better fix the responsibilities of both parties from the system and even the law. As a binding document that can clearly define the rights and obligations of both parties, this agreement is binding on both parties (or parties). It can supervise both parties to keep their promises and restrain reckless behavior, and its role is basically the same as that of a contract.
It can be seen that it is normal to sign a legally binding agreement. In case of any dispute over the conclusion, entry into force, performance, modification or dissolution of this Contract, Party A and Party B (or parties) may also settle it through consultation or submit it to the villagers' committee for mediation. Unwilling to negotiate or mediate, or if negotiation or mediation fails, you can apply to an arbitration institution for arbitration, or you can bring a lawsuit directly to the people's court.
How to write the agreement between the two parties is valid. 3. How to write a legal agreement is effective
The nature of the agreement is consistent with the contract, and the legal effect of the agreement takes effect, which requires
1, both parties shall have the qualification and ability to carry out legal acts;
2. The signing of the agreement requires both parties to reach an agreement, and the expressed meaning is its true meaning, and there are no reasons such as coercion and fraud;
3, the agreement can not violate the mandatory provisions of the law and social public order and good customs; A contract must conform to the form prescribed by law. Article 44 of the Contract Law stipulates that a legally established contract shall take effect upon its establishment.
4. In principle, this agreement shall come into force after being signed or sealed by both parties, unless otherwise stipulated in this agreement;
According to Article 52 of the Contract Law, a contract is invalid in any of the following circumstances:
1. One party enters into a contract by means of fraud or coercion, which harms the national interests;
2, malicious collusion, damage the interests of the state, the collective or the third party;
3. Covering up illegal purposes in a legal form; Harm the public interest.
4. Violation of mandatory provisions of laws and administrative regulations.
Second, how to write a cooperation agreement is effective.
"Contract Law" stipulates: "A contract established according to law shall take effect upon its establishment." To write an effective partnership agreement, it shall include the following contents:
1. Basic information of all partners, including name, gender, nationality, date of birth, residence and ID number.
2. The purpose of the partnership, the name of the partnership, the business items and scope of the partnership, the specific duration, amount, mode and duration of the partnership.
3. Income distribution and debt commitment, admission, withdrawal, capital transfer, the person in charge of the partnership and the implementation of partnership affairs, the termination and liquidation of the partnership, and the liability for breach of contract.
Finally, all the partners signed their names and wrote down the specific date.
Three. What is the legal effect of the agreement and contract?
Generally speaking, contract and agreement are the same concept, and agreement is a conventional name. Similar expressions include contracts, such as deed of house and title deed.
Agreement is synonymous with contract, but the word contract is often used in legal norms. The contract mentioned in China's contract law is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. It can be seen that a contract is an agreement with specific contents, and an agreement with the above characteristics is a contract. In practice, contracts can appear under different names, such as contract, contract, agreement, agreement and memorandum. The name is not important, but the content. However, "agreement" is a specific concept in the law of Sino-foreign joint ventures.