As for the effectiveness of the implementation of the settlement agreement, some scholars believe that "the implementation of the settlement agreement has no legal effect" on the grounds that the implementation of the settlement agreement is the result of the parties' self-reconciliation.
If one party fails to perform the contract, it shall still be executed according to the original legal documents, and only the original legal documents are legally binding.
The purpose of signing the agreement is to solve the problem and reach a settlement. As for whether the settlement agreement has legal effect, there are clear provisions in the law. The agreement voluntarily signed by both parties is legally binding. However, when signing the agreement, everyone should also read and write down the basic contents of the agreement to ensure that their legitimate rights and interests are not harmed.
Mediation agreement is different from civil mediation. Mediation agreement is an agreement reached by the parties to a case under the auspices of a judge after judging their own interests, which is submitted to the court, and the court makes a civil mediation according to the mediation agreement.
According to the provisions of Article 89 of the Civil Procedure Law, the contents of the court conciliation statement include the following three items:
The first is the litigation request. That is, the plaintiff's substantive right request to the defendant.
If the defendant files a counterclaim with the plaintiff, it shall also be stated in the conciliation statement. If a third party participates in the proceedings, it shall also state the opinions and reasons of the third party.
The second is the facts of the case. That is, the whole process of civil rights and obligations disputes between the parties and the occurrence and development of disputes between the two sides.
The third is the result of mediation. That is, the content of the mediation agreement reached by the parties under the auspices of the judge, including the burden of litigation costs.
A settlement agreement refers to a written contract reached at a meeting between the debtor and creditors to pay off debts and avoid bankruptcy liquidation. After the conciliation procedure begins, in order to reach a conciliation agreement, the debtor shall submit the draft conciliation agreement to the creditors' meeting for review and discussion.
The creditors' meeting voted to pass the settlement agreement and submitted it to the court for approval. After the court ruled that it was approved, it issued a notice to suspend the bankruptcy proceedings. The settlement agreement shall have legal effect from the date of promulgation. Usually, the settlement agreement includes the amount of debt exempted from the debtor, the debt repayment period, the debt repayment method, the debt repayment guarantee and so on. ?
Debt settlement agreement submitted by the debtor, voted by the creditors' meeting and approved by the court. The contents of the draft settlement agreement submitted by the debtor shall include: the source of property to pay off debts; The way to pay off debts; Time limit for paying off debts, etc.
1. The situation and amount of debt disputes between the two parties.
2. Debt facts acknowledged by the debtor.
3. The time limit and amount of the debtor's debt repayment.
4. Debt payment preference.
5. Consequences of late payment.
6. Both parties sign and take effect.
References:
Encyclopedia-legal effect