What are the circumstances under which civil juristic acts are invalid?

Updated on society 2024-02-25
10 answers
  1. Anonymous users2024-02-06

    1. It is carried out by a person who lacks capacity for civil conduct; 2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law; 3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions; 4. Maliciously colluding to harm the interests of the state, the collective, or a third party; 5. Violating the law or the public interest; 6. The economic contract violates the state's directive plan; 7. Concealing an illegal purpose in a lawful form. An invalid civil act is not legally binding from the beginning of the act.

  2. Anonymous users2024-02-05

    The types of invalid civil juristic acts include those carried out by persons with no capacity for civil conduct, those carried out independently by persons with limited capacity for civil conduct in accordance with law, and those committed by one party by means of fraud or coercion or by taking advantage of the danger of others, so that the other party acts contrary to their true intentions.

  3. Anonymous users2024-02-04

    Strictly the title is a legal act, and the Chinese civil law is called a civil legal act.

    The legal act of a citizen or legal person (civil subject) to establish, change, or terminate civil rights and obligations.

    The following conditions shall be met: (1) the actor has the corresponding capacity for civil conduct; (2) the meaning is true; (3) It does not violate the law or the public interest. Civil juristic acts are legally binding from the moment they are established, and the actor must not modify or rescind them without the consent of the other party in accordance with law.

    The following civil acts are invalid: (1) Lack of capacity for civil conduct.

    A civil act performed by a person.

    Among them, the purely profit-making civil acts committed by the person without civil capacity are valid, and other civil acts must be recognized by the person whose validity is to be determined; 2) Restriction of civil capacity.

    Persons cannot carry it out independently in accordance with law.

    Dual-service civil acts that cannot be independently carried out by persons with limited capacity for civil conduct in accordance with the law need to be recognized by their statutory and designated persons, and their effectiveness is to be determined during the period of non-recognition);

    3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions;

    Among them, one party's act of harming the interests of the state or the collective by means of fraud or coercion is determined to be invalid, and the act of harming the interests of individuals is a civil act that can be changed or revoked).

    4. Maliciously colluding to harm the interests of the state, the collective, or a third party; 5. Violating the law or the public interest;

    6. The economic contract violates the state's directive plan;

    7. Concealing an illegal purpose in a lawful form.

    An invalid civil act is not legally binding from the beginning of the act.

    One party has the right to request the people's court or arbitration authority to modify or revoke the following civil acts:

    1) The perpetrator has a major misunderstanding of the content of the conduct;

    2) Manifestly unfair.

    A revoked civil act is void from the beginning of the act.

    In addition, civil juristic acts may be conditional, with a time limit attached, with a conditional civil juristic act taking effect when the attached conditions are met, and a civil juristic act with a time limit taking effect upon the expiration of the attached time limit.

  4. Anonymous users2024-02-03

    Legal analysis: civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid; Civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid; Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

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

    Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative laws 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.

    Article 154 A civil juristic act in which the perpetrator maliciously colludes with the counterpart, harming the lawful rights and interests of others, is invalid.

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

  5. Anonymous users2024-02-02

    Legal analysis: 1. Committed by a person who lacks capacity for civil conduct; 2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law; 3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions; 4. Maliciously colluding to harm the interests of the state, the collective, or a third party; 5. Violating the law or the public interest; 6. The economic contract violates the state's directive plan; 7. Concealing an illegal purpose in a lawful form.

    Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning indicates that the honor brother is true;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good circles.

    Article 546 of the Civil Code shall be invalid under any of the following circumstances:

    1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

    2) Malicious collusion, harming the interests of the state, the collective, or a third party;

    3) Concealing illegal purposes in a lawful form.

  6. Anonymous users2024-02-01

    A person who lacks capacity for civil conduct carries out an invalid civil juristic act.

    Where a person with limited capacity for civil conduct is unable to do so independently in accordance with law, one party violates the law or the public interest by means of fraud and coercion or taking advantage of the danger of others to cause the other party to act contrary to their true intentions, maliciously colluding to harm the interests of the state, the collective, or a third party; The economic contract violates the state's directive plan; Concealing an illegal purpose in a lawful form. An invalid civil act is not legally binding from the moment the act is not shouted.

    Invalid civil acts refer to civil acts that have already been established, seriously lack the requirements for the effectiveness of civil acts, and therefore do not take effect from the beginning, absolutely, definitely, naturally, and permanently in accordance with the actor's intention to establish, modify, or terminate the civil legal relationship. An invalid civil juristic act is not legally binding ab initio.

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

    Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid. Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

    The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it.

    The revocation shall be made in the form of a notice of rough accompaniment. Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it. Article 152:In any of the following circumstances, the right of revocation is extinguished:

    1) The party has not exercised the right of revocation within one year from the date on which the party knew or should have known the reasons for revocation, or within 90 days from the date on which the party with a major misunderstanding knew or should have known the reasons for revocation;

    2) The party concerned is coerced and does not exercise the right of revocation within one year from the date of termination of the coercive act;

    3) The parties expressly express or express their waiver of the right of revocation after knowing the reasons for revocation or by their own conduct.

    Where a party does not exercise the right of revocation within five years from the date of occurrence of the civil juristic act, the right of revocation is extinguished.

  7. Anonymous users2024-01-31

    1. It is carried out by a person who lacks capacity for civil conduct;

    2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law;

    3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions;

    4. Maliciously colluding to harm the interests of the state, the collective, or a third party;

    5. Violating the law or the public interest;

  8. Anonymous users2024-01-30

    Article 144 of the Civil Code: Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

    Article 146 of the Civil Code: 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 of the Civil Code: 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.

    Article 154 of the Civil Code: Civil juristic acts in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

  9. Anonymous users2024-01-29

    1. It is carried out by a person who lacks capacity for civil conduct; Where the civil conduct of an intermittent mentally ill person can truly be shown to have been carried out during the onset of the disease, it shall be found invalid. Civil acts carried out by the perpetrator in a state of intoxication shall be found to be invalid.

    2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law;

    3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions; Where one party intentionally informs the other party of false circumstances, or deliberately conceals the true situation, inducing the other party to make a false expression of intent, it may be found to be fraudulent. Where harm is caused to the life, health, honor, reputation, property, or so forth of citizens, their relatives and friends, or where harm is caused to the honor, reputation, or property of a legal person, or by coercing the other party to make an expression contrary to their true intentions, it may be found to be coercive conduct.

    Where one party takes advantage of the other party's distress to force the other party to make an untrue expression of intent in order to obtain improper benefits, seriously harming the interests of the other party, it may be found to be taking advantage of the other party's danger.

    4) Maliciously colluding to harm the interests of the state, the collective, or a third party.

    5) Violating the law or the interests of the public. If a conditional civil act violates the provisions of law or cannot occur, the civil act shall be found to be invalid. Where the person has not personally carried out any civil act that must be carried out in accordance with law or in accordance with the agreement of both parties, the act shall be found to be invalid.

    6) Concealing an illegal purpose in a lawful form.

    Article 143 of the Civil Code of the People's Republic of China: 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. 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. 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 violate public order and good customs have no effect. Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

  10. Anonymous users2024-01-28

    The following civil acts are invalid: (1) Carried out by a person who lacks capacity for civil conduct. 2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law; 3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions;

    4. Maliciously colluding to harm the interests of the state, the collective, or a third party; 5. Violating the law or the public interest; 6) Concealing an illegal purpose in a lawful form.

    According to Article 143 of the Civil Code, a civil juristic act that meets the following conditions is 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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