What to do if you sign an unequal contract, and what to do if you sign an unequal contract

When an unequal contract is signed, a request may be made to the people's court or arbitration institution to revoke it.

The legal term for "inequality" is "manifest unfairness". The so-called obvious unfairness refers to the fact that one party takes advantage of its own advantages or takes advantage of the other party's inexperience, resulting in the rights and obligations of both parties clearly violating the principles of fairness and equivalent compensation. Whether a civil act is obviously unfair shall be judged on the basis of the circumstances at the time the act is established.

According to the General Provisions of the Civil Code

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment capacity, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.

According to Article 54 of the Contract Law of the People's Republic of China, one of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

1. If the requirements of obvious unfairness are met, the contract can be changed and revoked.

2. Pay attention to two points: Obviously unfair procedures need to be proved and a lawsuit must be filed with the people's court.

3. Legal basis:

Article 54 of the Contract Law provides that one of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

Go to the labor inspection brigade or apply for labor arbitration.

Hero, you didn't say anything about the law of inequality, how can we judge what to do

Where one party takes advantage of its advantage or the other party has no experience, causing the rights and obligations of both parties to clearly violate the principle of equivalent compensation, it may be found to be obviously unfair. If the contract is obviously unfair at the time of conclusion, one of the parties has the right to request the people's court or arbitration institution to modify or revoke it.

Legal basis: Civil Code of the People's Republic of China

Article 151:Where one side takes advantage of circumstances such as the other party's state of distress or lack of judgment to cause the juridical act to be unfairly established when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.

Article 155:Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

If the parties have signed an unequal contract due to distress or lack of judgment, which constitutes obvious unfairness, they may apply to the court or arbitration institution for rescission of the contract within the effective period, and after the contract is revoked, it will not be legally binding from the beginning. According to Article 151 of the Civil Code, if one party takes advantage of the other party's distress or lack of judgment ability, resulting in an obviously unfair civil juristic act, the injured party has the right to request the people's court or arbitration institution to revoke it. Article 155 stipulates that an invalid or revoked civil juristic act shall not be legally binding from the beginning.

Article 151 of the Civil Code: Where one party takes advantage of the other party's distress or lack of judgment to repent, resulting in an obviously unfair civil juristic act, the injured party has the right to request the people's court or arbitration institution to revoke it. Article 155:Civil juristic acts that have no basis and are void or that have been revoked are not legally binding from the beginning.

An unequal contract may be revoked by a people's court or arbitration institution. In law, inequality is obviously unfair, that is, one party takes advantage of its own advantages or takes advantage of the other party's inexperience, resulting in the rights and obligations of both parties clearly violating the principle of fairness and equivalent compensation.

Legal basis

Article 151 of the Civil Code.

Where one party takes advantage of the other party's distress or lack of ability to make judgments, causing the civil juristic act to be obviously unfair when it is established, the injured party has the right to request the people's court or arbitration institution to revoke it.

500 spikes and 33 articles.

After the contract is concluded, if there is a major change in the basic conditions of the contract that the parties could not foresee at the time of entering into the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.