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Anonymous users2024-02-06A standard clause is a clause that has been drafted in advance by the parties for reuse and has not been negotiated with the other party at the time of conclusion of the contract. For example, insurance contracts, auction transaction confirmations, etc., are all standard contracts.
According to the provisions of the Contract Law, a contract or its terms may be deemed invalid under any of the following circumstances: a contract concluded by one party by means of fraud or coercion that harms the interests of the state. A contract concluded by one party by fraud or coercion is a contract with an untrue expression of intent, and is generally a contract that can be changed or revoked, but if it also harms the interests of the state, it is an invalid contract; Contracts that maliciously collude to damage the interests of the state, the collective or a third party; Contracts in which a lawful form conceals an illegal purpose; Contracts that harm the public interest; contracts that violate the mandatory provisions of laws and administrative regulations; Contractual clauses exempt from liability for personal injury to the other party or damage to the other party's property caused intentionally or by gross negligence; The clause that exempts the party providing the standard clause from liability, increases the liability of the other party, and excludes the main rights of the other party is invalid.
Therefore, if your situation falls under the last of the above-mentioned conditions, the other party exempts itself from liability in the standard clause and increases your obligations, such a clause is invalid, but the invalidity of some clauses does not affect the validity of other clauses in the contract.
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Anonymous users2024-02-051. The party providing the standard clauses exempts itself from liability, increases the liability of the other party, and excludes the main rights of the other party The standard clauses are invalid. 2. The standard clause is invalid if it falls under the circumstances specified in Article 52 of the Contract Law. 3. The standard clause is invalid if it has the circumstances specified in Article 53 of the Contract Law.
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Anonymous users2024-02-04According to the provisions of the Civil Code, a contract or a contract clause may be deemed invalid under any of the following circumstances: 1. One party concludes a standard clause by means of fraud or coercion, which harms the interests of the state. Fraud refers to the deliberate creation of false appearances and concealment of the truth by one of the parties, causing the other party to have a wrong understanding and agree to enter into standard terms with the other party.
A contract is a legal act in which the parties agree on their intentions, and the standard clauses can only be established after the parties have reached an agreement through full consultation based on the principle of equality and mutual benefit. 2. Malicious collusion to harm the interests of the state, the collective or a third party. Malicious collusion refers to the illegal collusion of two parties to jointly enter into a certain standard clause, causing damage to the interests of the state, the collective or a third party.
3. Concealing illegal purposes in a lawful form. Concealing an illegal purpose in a lawful form refers to the fact that a party conceals its illegal purpose by committing a lawful act of pretending to be a young man; or the conduct they engage in is lawful in form but illegal in content. 4. Harming the public interest.
It is one of the basic principles of the establishment of standard clauses that the public interest shall not be harmed. Because the public interest is the long-term and fundamental interest of the state and the people, both parties must abide by this norm when entering into standard clauses. Any standard clause that disrupts the social and economic order or harms people's health, poisons people's minds, or harms the interests of consumers to a certain extent is an act that harms the public interest, and even if both parties to the contract agree, it is also an invalid standard clause.
5. Violating the mandatory provisions of laws and administrative regulations. Violation of laws and regulations includes violations of laws and regulations by the parties in terms of the purpose of the contract, the content and form of the standard clauses. There are two main types of laws and regulations mentioned here:
The first is the law promulgated by the National People's Congress and its Standing Committee. The second is the administrative regulations promulgated by ***.
That's all there is to it, do you understand?
Article 143 of the Civil Code [Conditions for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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Anonymous users2024-02-03It doesn't belong. Where a standard clause has the circumstances provided for in Articles 52 and 53 of this Law, or where the party providing the standard clause exempts it from liability for interfering with the land, Li Fan increases the liability of the other party, or excludes the main rights of the other party, the clause is invalid. However, the invalidity of some clauses does not affect the validity of other clauses in the contract.
Article 497 of the Civil Code In any of the following circumstances, the standard clause shall be invalid:
1) It has the circumstances of invalidity, as defined in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;
2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;
3) The party providing the standard clauses excludes the main rights of the other party.
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Anonymous users2024-02-02The standard clause is not invalid. A standard clause is a clause that is pre-drafted by the parties for reuse and not negotiated with the other party at the time of entering into a contract.
Legal basis] Article 496 of the Civil Code, standard clauses are clauses that are pre-drafted by the parties for repeated use and are not negotiated with the other party when concluding the contract.
Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party to pay attention to the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.
Legal analysis: Overlord clauses mainly refer to unequal standard contracts unilaterally formulated by some business operators to evade legal obligations and reduce their own responsibilities. It is mainly the clause stipulated by the producer or operator in the standard contract, which violates the basic principles of civil law such as fairness and good faith and damages the counterparty of the standard contract. >>>More
The content of the contract, that is, the specific expressions of intent of the parties to the contract to enter into the contract, are embodied in the terms of the contract. Article 12 of the Contract Law stipulates that "the content of the contract shall be agreed upon by the parties and shall generally include the following clauses: >>>More
FLV stands for Flash Video, which is a streaming ** file in the form of Flash; Its advantages are small file size, fast network loading speed and other advantages, starting from the "Macromedia Flash MX" series software, after opening the software, the default blank document of the software is changed from SWF format to FLV format; >>>More
It's not a virus, it's the acivter control used in the web page.
Chinese dynasties are different from other parts of the world, the difference between "dynasty" and "dynasty" is that "dynasty" is a concept that existed at that time, such as Confucius said "zhang in the dynasty", so "chao" is similar to the "country" in the current (but the state in ancient China sometimes refers to "dynasty", sometimes refers to "vassal states", sometimes refers to "small surrounding countries"); The most obvious is that the "dynasty" of "Wei, Jin, Southern and Northern Dynasties" is obviously not a "dynasty" (country), but composed of "sub-dynasties" such as the Three Kingdoms, the Jin Dynasty, and the Northern and Southern Dynasties, and the Southern and Northern Dynasties are divided into Southern Dynasties and Northern Dynasties, and the Southern Dynasties of Song, Qi, Liang, and Chen are respectively divided into "dynasties" (countries). Chinese dynasties all use "dynasty" as the division standard, so there are often situations where the time of "dynasty" overlaps with the national honor of "dynasty (country)", such as Qin, Sui, Tang, Song, Liao, Jin, Yuan, Ming and Qing dynasties, as well as the Song, Qi, Liang, and Chen in the Southern Dynasties, the Northern Wei, the Eastern Wei, the Western Wei, the Northern Zhou, the Northern Qi and the Western Han, Xin, and Eastern Han of the Han Dynasty. But why is the "Qin Dynasty" and the "Qin State" not counted together? >>>More