Joke Collection Website - Blessing messages - Is the oral entrustment legal and valid?
Is the oral entrustment legal and valid?
2, the parties agreed to use written form, but before signing a written contract, the oral agreement of the contract content is invalid;
3. If it is not the above two cases, the oral agreement between the parties is legally binding.
Oral form is one of the forms of contract, which is generally considered to have legal effect. Although the oral agreement between the two parties has legal effect, if one party denies the oral agreement and fails to perform the corresponding obligations, then the other party needs to provide evidence to prove the existence of the oral agreement, otherwise it will be difficult for the law to recognize the agreement.
Does the entrustment agreement need to be sealed by both parties?
The power of attorney is valid as long as it is the true signature or seal of the client. However, in practice, especially when dealing with important matters, in order to avoid trouble (such as the cost of clearly authorizing facts), it is best to use notarization authorization, so that the trustee can handle the entrusted matters more conveniently and smoothly.
If you entrust a lawyer in litigation or arbitration, it is not necessary because of the credibility and practice characteristics of the lawyer profession.
1. To apply for notarization of legal person's power of attorney, the parties concerned shall submit the following documents and materials to the notary office:
1, legal person qualification certificate;
2, the legal representative qualification certificate and identity certificate;
3. Power of attorney that needs notarization (the notary office can also prepare the power of attorney on its behalf).
Two, for the notarization of legal person power of attorney should pay attention to the following issues:
1, the legal representative shall go to the notary office in person and shall not entrust others to act as agents.
2. The power of attorney shall specify the agent's name, agency matters, authority, agency date and validity period, whether there is the power of entrustment, etc. And the power of attorney.
. To sum up, oral entrustment has legal benefits, and it is best to have written entrustment.
Legal basis: Article 9 19 of People's Republic of China (PRC) Civil Code (Definition of Entrustment Contract) An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs. "
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