What are voidable contracts and what are voidable contracts

What are the voidable contracts?

There are five situations in which it can be revoked:

1. Fraud. According to Article 68 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation), fraud refers to a contract entered into by one party intentionally committing some act of deceiving others and causing others to fall into error.

2. Coercion. According to Article 69 of the Civil Law Opinions, coercion refers to the direct use of material or moral coercion by one party to force the other party to enter into a contract. That is, the perpetrator compels the other party to act contrary to his true intention by causing damage to the life, health, honor, reputation, property, etc., of the citizen and his relatives and friends, or by causing damage to the honor, reputation, property, etc. of the legal person.

3. Take advantage of people's danger. According to article 70 of the Civil Law Opinions, taking advantage of the danger of others means that the actor takes advantage of the distress or urgent needs of others to force the other party to accept a certain obviously unfair condition and make an expression of intent contrary to his true intentions. For example, B has been trying to buy a stamp of A, but A does not want to sell it, one day, the son of A unfortunately fell into a reservoir, the only person present at the time was B who could swim, and A asked the onlookers to save his son, so B proposed not to pay a lot of money as long as the stamp as a reward, A saved the son and had to agree to the request, and then the son of A was saved, but because of this, it became a lawsuit, and the case was in danger.

4. Major misunderstandings. According to article 71 of the Civil Law Opinions, a material misunderstanding refers to a contract concluded based on a misunderstanding of the important content of a contract. Major misunderstandings are mostly due to one's own fault, and there is a wrong understanding of the nature of the act, the other party, the variety, quality, specification and quantity of the subject matter, and other contract contents, resulting in the consequences of the act being contrary to one's own intentions.

5. Obviously unfair. According to Article 72 of the Civil Law Opinions, manifest unfairness refers to a contract in which the relationship of rights and obligations in the contract clearly does not conform to the principle of reciprocity of rights and obligations. This is a situation in which one party takes advantage of its advantages or takes advantage of the other party's inexperience, resulting in the rights and obligations of both parties clearly violating the basic civil law principle of fairness and equivalent compensation, and seriously harming the interests of the other party.

Legal Analysis: The circumstances under which a contract can be revoked are: a material misunderstanding occurs at the time of conclusion of the contract; Fraudulently entering into a contract with another person; coercing others to conclude a contract; taking advantage of the danger of others to conclude a contract with others; The content of the contract concluded is obviously unfair.

Legal basis: Article 147 of the Civil Code of the People's Republic of China: The perpetrator has the right to request the people's court or arbitration institution to revoke the legal act of Minxiang Foundation based on a major misunderstanding.

Article 114 and Article 18: 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: 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 the people's court or arbitration institution to revoke it.

Article 150: 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 the people's court or arbitration institution to revoke it.

Article 151: 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.

The elements of a voidable contract are:

Legal basis: Article 147 of the Civil Code: Where a civil juristic act is based on 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: 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: 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: 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 the people's court or arbitration institution to revoke it.

Article 151 of the Civil Code: 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 of the People's Court or arbitration institution revoke it.

The following contracts are voidable contracts:

1. Fraud, one party deliberately deceives the other party into a misunderstanding;

2. Coercion, in which one party compels the other party with material or spiritual coercion;

3. Taking advantage of the danger of others, one party takes advantage of the other party's dangerous situation or urgent need to force it to accept obviously unfair conditions;

4. Major misunderstanding, one party has a wrong understanding of the important content of the contract;

5. It is obviously unfair, and the rights and obligations of both parties are obviously unequal.

Legal basis] Article 147 of the Civil Code.

Where civil juristic acts are 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.

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 150.

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 the people's court or arbitration institution to revoke it.

Article 151.

Where one party takes advantage of the other party's 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 the people's court or arbitration institution to revoke it.

The circumstances under which a contract can be revoked include: a material misunderstanding occurred at the time of conclusion of the contract; Entering into a contract with another person in a fraudulent manner; Xinyuanhe coerced others to conclude a contract; taking advantage of the danger of others to conclude a contract with others; The content of the contract concluded is obviously unfair.