How does a written certificate have legal effect?
Firstly, the certificate must be witnessed and signed by a third party, that is, a neutral person, for it to be legally effective.
Second, if the certificate is notarized at a notary office, then the notarized certificate will also have legal effect.
Are photos of the contract legally binding?
Photos of the contract are legally binding. The electronic version of the contract also has the same legal effect, but it is still recommended to keep the paper version properly. In the event of a dispute, the electronic version is difficult to prove and is not as effective as the original. It is best to keep an original copy. Generally speaking, as long as the contract reflects the true intentions of the parties, the matters stipulated in the contract do not violate laws, regulations and administrative mandatory provisions, do not violate public order and good customs, do not harm the interests of the country, social public interest or the legitimate interests of a third party, and are accomplished in accordance with the law. The contract becomes legally binding.
Is a handwritten prenuptial agreement legally binding?
A handwritten prenuptial agreement is legally binding. As long as the content is not illegal, is the true meaning of both parties, and has their own signature or seal, it is valid whether it is handwritten or printed. In terms of formal requirements, handwriting of the agreement, signatures and fingerprints of both parties, as long as it does not violate the mandatory laws and regulations of the country and does not infringe on the interests of others, it is legal and valid. From the content point of view, if both parties agree on the scope of their pre-marital property, it is generally valid. , if both parties agree that one party’s pre-marital property belongs to the other party, it is generally regarded as a gift.
However, the following three conditions must be met at the same time:
1. It is a reflection of the true wishes of the parties involved. The content of the commitment letter should be the expression of the parties' true inner intentions and cannot be forced, threatened, induced, deceived, etc.
2. There is no violation of relevant legal provisions; the content of the letter of commitment must comply with the provisions of the law and must not violate the prohibitive provisions of laws or administrative regulations, otherwise the letter of commitment may be invalid.
3. No infringement of the interests of others. The promisor can only dispose of things that he has the right to dispose of, and cannot infringe upon the legitimate interests of others. There are only two requirements that affect the legal validity of an individual's signature:
First, whether there is an expression of intention to enter into a contract. From the perspective of contract law, the conclusion of any contract must be based on the true intentions of both parties. Although the unilateral commitment letter is issued unilaterally by one party, if the commitment letter clearly and unmistakably expresses an intention similar to "willing to assume joint and several liability" and the other party also expresses acceptance, then the meaning in the guarantee act The representation should be deemed to have been present.
Second, whether the form and content of the unilateral commitment letter comply with the relevant laws.
Legal basis
"People's Republic of China and Civil Code"
Article 143 Civil legal acts that meet the following conditions are valid:< /p>
(1) The actor has the corresponding capacity for civil conduct;
(2) The expression of intention is true;
(3) It does not violate the compulsory laws and administrative regulations Sexual regulations do not violate public order and good customs. .