Joke Collection Website - Public benefit messages - After the traffic accident settlement certificate is issued, is the compensation agreement privately signed by both parties useful? What should I do if the injured party regrets it?
After the traffic accident settlement certificate is issued, is the compensation agreement privately signed by both parties useful? What should I do if the injured party regrets it?
=== As long as it is the consensus of both parties and does not violate the prohibitive provisions of the law, the civil agreement is valid. Regarding prohibitive provisions, Article 52 of the Contract Law stipulates that a contract will be invalid if one of the following circumstances occurs:
(1) One party concludes the contract by means of fraud or coercion, harming national interests;
p>
(2) Malicious collusion to harm the interests of the country, the collective or a third party;
(3) Covering up illegal purposes in legal forms;
(4) Harming society Public interests;
(5) Violation of mandatory provisions of laws and administrative regulations.
===You can inform the other party (conversation, WeChat, text message, letter, email, etc.) that if you think the agreement is unreasonable, you can sue the court and stop looking for you. You can also find a law firm and request a lawyer's letter.
===If the other party does not sue and is still entangled, you can sue the other party in court and ask the court to confirm the validity of the agreement.
=== In addition, you should consult with a lawyer to see if the other party’s losses are equivalent to the amount of compensation in the agreement. If the gap is too large, the content of the agreement may involve "unfair" situations. , thus being revoked. Regarding apparent unfairness, the current legal provisions mainly include the following:
Article 151 of the "General Principles of the Civil Law" stipulates that "one party takes advantage of the other party's situation of distress, lack of judgment, etc., resulting in civil law violations." If the behavior is obviously unfair when established, the injured party has the right to request the people's court or arbitration institution to cancel it. "
Article 54, paragraph 1, of the "Contract Law" stipulates that "for the following contracts, one party has the right to rescind it. The right to request the people's court or arbitration institution to change or cancel: (1) The contract was concluded due to a major misunderstanding; (2) The contract was obviously unfair when it was concluded."
It can be seen that a contract that is obviously unfair is a contract that is obviously unfair. Cancellable contract.
- Previous article:How to deal with returnees from northern Myanmar
- Next article:Wechat replied to the job search intention briefly.
- Related articles
- Where can I get rewards for Guangfa app points?
- Is the Hammer Nut Pro mobile phone easy to use?
- Dragon Boat Festival greetings to parents
Greetings to parents after Dragon Boat Festival
1, May 5, is Duanyang, I wish my friends can't forget; Jiaozi hung with wormwood and wrapped in de
- How to make a good phone call for interview invitation
- Apple's mobile phone shows thanks for returning the goods.
- What greetings should I say to my elders during the Spring Festival?
- What are the sentences that pay tribute to the frontline epidemic prevention medical staff?
- What does it mean to dream of texting? What is the omen of dreaming of texting?
- Send Y to 1000 1 Telecom and say, thank you for your support. The account manager will contact you immediately. Thank you! What does this mean?
- Greetings in summer morning