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Anonymous users2024-02-06The General Provisions of the Civil Law stipulate that the following civil juristic acts are invalid:
1. Article 144: "Civil juristic acts carried out by persons without capacity for civil conduct are invalid. ”
2. Article 146: "Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. ”
3. Article 153: "Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where the mandatory provisions do not cause the civil juristic acts to be invalid. Civil juristic acts that are contrary to public order and good customs are invalid. ”
4. Article 154: "Civil juristic acts where the perpetrator maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid. ”
Invalid Causes.
Article 153 of the General Provisions of the Civil Law stipulates: "A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid, except where the mandatory provisions do not cause the civil juristic act to be invalid." Civil juristic acts that are contrary to public order and good customs are invalid.
The purpose of making an invalid provision for an act contrary to public order and good morals is to compensate for the inadequacy of mandatory provisions. Public order includes the quiet order and the dynamic order of the society, including the public security interests of the society. Good customs are the general moral concept of society.
It has been argued that if the parties enter into a contract that is immoral, the contract is null and void. This view cannot be adopted, and good customs cannot be equated with morality.
Article 154 of the General Provisions of the Civil Law stipulates that: "A civil juristic act in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others is invalid." ”
Ab initio and partially.
Civil juristic acts that are invalid or revoked are not legally binding ab initio" (art. 155). The reason for the invalidity, the reason for the revocation, occurred ab initio, so it is invalid ab initio.
Where part of a civil juristic act is invalid and does not affect the validity of the other parts, the other parts remain valid" (Article 156). When the payment is divisible, a partial invalidity may occur. For example, the deposit is exceeded, the lease period is too long, etc.
In the case of both substantive and procedural provisions, partial invalidity may occur. For example, sometimes the clause for resolving disputes is invalid, and sometimes the substantive clause is invalid.
The property consequences of being invalid and ineffective from the beginning.
After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price.
The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions" (Article 157). "Determination not to take effect" refers to an act whose effect is to be determined, which is rejected retrospectively and does not take effect ab initio.
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Anonymous users2024-02-05Hello, the nature of the tort that impedes the operation should be a commercial tort. The tort of obstructing business operation refers to the commercial tort of intentionally or negligently obstructing the normal business activities of others in the commercial field in an improper and illegal manner, causing damage to the business interests of the operator. The act of the obstruction of the business actor is directed against the business activities of the victim.
The rules for determining tort liability for tort of obstruction of business are:This is because business activities are the act of creating wealth, and business interests are property interests; Business activities and business interests are damaged, and property interests are lost.
Second, unlike ordinary compensation for property damages, the tort of obstruction of business is not directly directed against property rights or property, but against the activity of creating property. Therefore,The damage caused by the tortious act of obstructing business operation is generally an indirect loss and a loss of expected profits, and the liability for compensation shall be determined in accordance with the compensation rules for indirect losses. The most basic method is to compare the business interests before and after the infringement is committed, and determine the appropriate and reasonable interest difference, which is the subject matter of compensation.
Third, for those who have been infringed upon by obstruction of business operations and suffered propertyDirect lossesand the infringer shall compensate for the direct losses. For example, if the victim's business activities are damaged, the cost of remedial measures to recover the damage is such a direct loss and should be compensated in full.
Fourth, if the act of obstructing business only causes business obstruction in general, the victim has the right to claim the perpetratorCease the violation；The perpetrator who bears the responsibility for compensation for losses shall also be ordered to stop the violation.
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