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Is the civil litigation settlement agreement closed?
1. Is the civil litigation settlement agreement closed?
1. If the civil litigation settlement agreement is successfully mediated and delivered, the case will be closed. Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a timely judgment.
2. Legal basis:
The provisions of article 96 of the Civil Procedure Law of People's Republic of China (PRC).
When trying a civil case, the people's court shall, on the basis of clear facts, distinguish right from wrong and conduct mediation on the basis of the principle of voluntary participation of the parties.
Article 99 stipulates that the agreement reached through mediation must be voluntary by both parties and cannot be forced. The contents of the mediation agreement shall not violate the law.
Article 102 stipulates that if mediation fails to reach an agreement or one party goes back on its word before the mediation is served, the people's court shall make a timely judgment.
Second, the legal effect of the settlement agreement
The settlement agreement has legal effect. The conditions for the entry into force of the settlement agreement mainly include:
1, the actor has corresponding capacity for civil conduct;
2. The intention of the parties is true and consistent;
3. The contents and signing procedures of the agreement do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 143 of the Civil Code of People's Republic of China (PRC)? What about the rules? A civil juristic act that meets the following conditions is valid:
The actor has corresponding capacity for civil conduct;
Meaning is truth;
Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 490 stipulates that if the parties conclude a contract in the form of a contract, the contract is established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
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