Traditional Culture Encyclopedia - Hotel reservation - How to write the guarantee of cheating after marriage to have legal effect?
How to write the guarantee of cheating after marriage to have legal effect?
1. The guarantee is signed by the issuer voluntarily.
However, if it is signed under duress, and the issuer makes a request for revocation to the court in time, the guarantee will be invalid due to revocation.
2. The guarantee content about the ownership of custody right is valid.
When the ownership is deemed invalid by the court, the court will still handle it in line with the principle of benefiting the child's growth.
3. Guarantee shall not deprive personal rights. For example, it is invalid for one party to file for divorce, make phone calls or contact with the opposite sex as a condition of achievement, or promise not to remarry after divorce.
4. The letter of guarantee balances the distribution of property.
The court generally respects the effective agreement of the parties, but if the disposition of property is obviously unbalanced, the court can also make appropriate adjustments.
5. In the case of bigamy, infidelity and domestic violence. When a divorce is decided, it should generally be recognized that the guarantee with property rights as the object of punishment is valid.
6. The guarantee must comply with the law. For example, insulting, beating or abusing the wrong party has no legal effect.
So, now you guarantee that all the property belongs to his wife Lan. All the debts after marriage and the bank loan of the above-mentioned real estate will be borne by me alone, and I will pay my wife 500,000 yuan in compensation for mental damage at one time. Not in conformity with the law and having no legal effect.
Extended data
1, legal effect, refers to the binding force of law. Normative legal documents and non-normative legal documents have certain binding force, which requires people to act in the way stipulated in the legal documents.
Legal effect sometimes refers to the legal effect of an act or fact, that is, it can achieve positive legal consequences. For example, a legally established contract has legal effect and can be protected by law.
Obviously, the validity of normative legal documents and legal acts and facts is endowed by normative legal documents. As long as it is a normative legal document formulated by state organs according to legal authority and procedures, it certainly has certain effect. ?
Scope of the law's entry into force. Including:
(1) Prescription refers to the time when the law takes effect and the time when it ends;
(2) Space effectiveness refers to the area where the law takes effect (including territorial sea and airspace). General national laws are applicable to the whole country, and local regulations are only effective in this region;
(3) The influence on people refers to whom the law takes effect. If some laws apply to all citizens, some laws only apply to some citizens.
Generally speaking, legal effect can be divided into normative legal documents and non-normative legal documents. The validity of normative legal documents, also known as legal validity in a narrow sense, refers to the validity or scope of application of the law, that is, who, what, where and when the law is binding.
The legal effect mentioned in this chapter is a narrow legal effect. The validity of non-normative legal documents refers to the legal validity of judgments, rulings, arrest warrants and licenses.
2. Article 17 of the Marriage Law of the People's Republic of China The following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
3. Article 58 of the General Principles of Civil Law of People's Republic of China (PRC)? The following civil acts are invalid:
(1) It is committed by a person without capacity for civil conduct;
(2) A person with limited capacity for civil conduct cannot independently implement it according to law;
(3) One party makes the other party act against its true meaning by means of fraud, coercion or taking advantage of others' danger;
(4) Malicious collusion that harms the interests of the state, the collective or a third party;
(5) Violating laws or public interests;
(six) to cover up illegal purposes in a legal form.
An invalid civil act is not legally binding from the beginning.
Article 59? In the following civil acts, one party has the right to request the people's court or the arbitration organ to change or cancel them:
(a) the actor has a major misunderstanding of the content of the act;
(2) Obviously unfair.
A revoked civil act is invalid from the beginning of the act.
Reference: Baidu Encyclopedia? Legal effect? 、
Laws and regulations network? Decision of the National People's Congress on Amending the Marriage Law of the People's Republic of China? 、
People's Network? The wife claims all the property according to the guarantee because her husband cheated? 、
Laws and regulations network? General Principles of Civil Law of People's Republic of China (PRC) and Civil Law of People's Republic of China (PRC).
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