What are the types of invalid contracts?

Updated on society 2024-02-15
6 answers
  1. Anonymous users2024-02-06

    1. The contract 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;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

    2. Article 62 of the newly promulgated Labor Contract Law stipulates that the employer shall perform the following obligations: (1) Implement national labor standards and provide corresponding working conditions and labor protection;

    2) Inform the dispatched worker of the work requirements and remuneration;

    3) Pay overtime pay and performance bonuses, and provide job-related benefits;

    4) Conduct the necessary training for the dispatched workers on the job;

    5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

    If it is a violation of regulations and an illegal labor contract, it is an invalid contract.

    Article 77 stipulates that if the legitimate rights and interests of a worker are infringed, he or she shall have the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

    Article 80 stipulates that if the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

  2. Anonymous users2024-02-05

    1) A contract in which one party signs a contract by means of fraud and coercion to the detriment of the interests of the state.

    2) Contracts that maliciously collude and damage the interests of the national collective or a third party.

    3) Contracts that conceal illegal purposes in a lawful form.

    4) Contracts that damage the public interest.

    5) Contracts that violate the mandatory provisions of laws and administrative regulations.

    Case.

  3. Anonymous users2024-02-04

    Types of contract invalidity:

    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;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

    Legal basis: Article 147 of the Civil Code of the People's Republic of China: Where a civil juristic act is carried out on the basis of a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke it.

    Article 148 of the Civil Code of the People's Republic of China: 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 the people's court or arbitration institution to revoke it.

    Article 149 of the Civil Code of the People's Republic of China: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

    Article 150 of the Civil Code of the People's Republic of China: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or arbitration institution revoke it.

    Article 151 of the Civil Code of the People's Republic of China: Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request that the people's court or arbitration institution revoke it.

  4. Anonymous users2024-02-03

    Legal Analysis: There are five main categories of invalid contracts:

    1.Contracts that violate the mandatory provisions of laws and administrative regulations; 2.Contracts whose content is contrary to public order and morals; 3.Contracts that maliciously collude and damage the legitimate rights and interests of others; 4.false contracts; 5.Contracts signed by persons without civil capacity, etc.

    Legal basis: Civil Code

    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.

    Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

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

  5. Anonymous users2024-02-02

    Legal analysis: An invalid contract is a contract that is not legally binding or protected by law from the time the contract is concluded. According to the provisions of relevant laws and regulations, if there is any of the following circumstances, it shall be determined that the contract is invalid:

    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) harming the public interest; (4) Violating public order and good customs; 5) Violating mandatory provisions of laws and administrative regulations.

    Legal basis: Article 153 of the Civil Code of the People's Republic of China 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.

  6. Anonymous users2024-02-01

    There are two types of invalid contracts: fully invalid contracts and partially invalid contracts. A contract that violates the mandatory provisions of laws and administrative regulations is invalid, and a contract where the parties maliciously collude to harm the lawful rights and interests of others is invalid.

    If part of the contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

    [Legal basis].Article 153 of the Civil Code of the People's Republic of China.

    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.

    Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

    Article 155.

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

    Article 156.

    Where a part of a civil juristic act is invalid and does not affect the validity of the other parts, the other parts are still valid.

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