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Is a written agreement between two people legally binding?

A written agreement between two people is legally binding. An agreement is essentially a form of contract. As long as the content complies with legal provisions and both parties have corresponding civil capacity, the agreement will be legally binding. If there is a conflict between a later agreement and the contract, the later agreement shall prevail.

Legal Analysis

A written agreement between two people is valid if it meets the following conditions: first, the content of the agreement cannot violate laws, regulations, let alone common sense and social ethics; second, The person signing the agreement must have full civil capacity. Thirdly, the content of the signed agreement must be an expression of true intention (agreements signed under unconscious, forced, etc. conditions are invalid). Finally, signing the agreement must be signed or fingerprinted. It is also necessary to write down the necessary information clearly, such as the signing time, the conditions for taking effect and cancellation, etc. If the signed written agreement meets the following conditions, the agreement is valid and protected by law. According to the provisions of relevant laws, both parties signing a contract must have corresponding civil rights and capacity for civil conduct. The conclusion of the contract must be conducted "in accordance with the law". The parties must reach consensus on the main terms of the contract and do not infringe the interests of the other party, others and the country. , the contract becomes legally effective when signed and sealed by both parties. . However, when an agreement infringes upon the interests of the state, the collective or a third party, it is invalid.

Legal Basis

"The People's Republic of China and the Civil Code"

Article 465 A contract established in accordance with the law shall be protected by law. A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by law.

Article 143 A civil legal act is valid if it meets the following conditions: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intention is true; (3) It does not violate laws and administrative regulations The mandatory provisions of laws and regulations do not violate public order and good customs.

Article 469: The parties may conclude a contract in written form, oral form or other forms. Written forms are contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the content contained therein. Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.