Legal analysis
An effective contract must meet the following three conditions: first, it is a reflection of the true wishes of both parties; 2. No violation of relevant laws and regulations; 3. The interests of others (third parties) have not been infringed. Contracts that meet the above conditions are valid and protected by law. As long as the above three conditions are met, the privately signed contract is valid. However, the loan relationship with the bank will not be transferred because you personally signed the transfer contract, and the bank only recognizes the direct lender. Generally speaking, valid contracts and agreements have the same legal effect, unless they are invalid or become invalid due to certain conditions. Among them, the establishment of a contract means that both parties negotiate and reach an agreement on the contents and terms of the contract according to relevant laws. The basis for judging the establishment of a contract is whether the promise is valid or not. The entry into force of the contract means that the contract has legal effect and binding force. Under normal circumstances, the contract will take effect immediately after it is completed according to law. The two are synchronized in time. Invalid contract has the following characteristics: the contract has been established; The contract is illegal; The contract is not binding; This contract is invalid from the beginning. The situations in which a contract is invalid include: one party concludes the contract by fraud or coercion, which harms the national interests; Malicious collusion, harming the interests of the state, the collective or the third party; Cover up illegal purposes in a legal form; Harm the public interest; Violation of mandatory provisions of laws and administrative regulations; Format clause and exemption clause are invalid; False expression and hidden behavior.
legal ground
Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.