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Is it valid for the developer to sign the entrusted management contract with the property?
Legal analysis
Whether the signed contract is valid refers to whether the contract has the effective elements of the contract and whether it can produce the expected legal effect of the parties to the contract. Legal evaluation of the agreement of the parties, as far as the validity of the contract is concerned, is based on the effective elements of the contract. A contract that meets the valid requirements shall be given legal effect according to the agreement of the parties, and a contract that does not meet the valid requirements shall be invalidated, revoked or the effect of which is to be determined according to different circumstances. The expression of will is true, which means that the expression behavior of a contracting party should truly reflect its inherent meaning of validity, that is, its meaning of validity is consistent with the expression behavior. As an effective element of a contract, it is a natural requirement of the principle of party autonomy. It is a universal principle that a contract must not violate mandatory norms, which is determined by the purpose of the contract system. Except for mandatory legal norms, a contract shall not violate the public interest. The subject matter of a contract determines the quality and quantity of contractual rights and obligations. Without it, the contract will lose its purpose and positive significance and should be invalid. The possibility of the subject matter of the contract means that the contract payment may be realized. The determination of the subject matter of the contract means that the subject matter of the contract is determined or can be determined from the beginning. The parties can understand the status and legal effect of the contract, which is of great significance to protect their legitimate rights and interests and reduce disputes. In principle, natural persons must have full capacity to sign contracts. If a person with limited capacity and a person without civil capacity cannot sign a contract in person, their legal representatives shall sign it on their behalf. It depends on whether one party concludes the contract by fraud or coercion, or whether it harms the national interests. According to the relevant laws and regulations, the effectiveness of the contract must be based on the consensus of both parties and does not violate the law.
legal ground
Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
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