What are the types of civil juristic acts whose validity is undetermined?

Article 133 of the General Provisions of the Civil Law stipulates that civil juristic acts refer to the acts of civil subjects (natural persons, legal persons, or unincorporated organizations) establishing, modifying, or terminating civil juristic relationships through expressions of intent. Civil juristic acts are legally binding and are lawful civil acts for the purpose of establishing, modifying, or terminating civil rights and obligations. Civil juristic acts are adopted by the General Provisions of the Civil Law, and the superordinate concept of civil juristic acts is civil acts, which have an expressive and purposeful nature, and exclude de facto acts; At the same time, civil juristic acts are lawful acts, characterized by legality, excluding invalid civil acts, modifiable and revocable civil acts, and civil acts whose validity is undetermined.

Strictly speaking, it is a "legal act", and the Chinese civil law is called a civil legal act. ‍‍

(1) Conduct without authority to dispose.

The act of disposition without authority refers to the act of disposing of the subject matter of the rights of others in the name of the person without the right of disposition, and if the act is agreed by the right holder, the effect is retroactive from the time of the disposition; If the right holder does not agree, the effect shall be determined to be invalid. Article 51 of the Contract Law stipulates that if a person without the right of disposition disposes of the property of another person, the contract shall be valid if the right holder has recognized it or the person without the right of disposition has obtained the right to dispose of it after entering into a contract.

2) Lack of rights.

The "** act" committed by the person without ** right has no effect on the person, but if the person recognizes it afterwards, it will become a justifiable "** act" and will be effective against the person; If the person denies it, the act will take effect against the perpetrator. The validity of the act is uncertain until the person admits or denies it. Paragraph 1 of Article 48 of the Contract Law stipulates that if the actor does not have the right to do so, exceeds the right or enters into a contract in the name of the person subject to the contract after the termination of the right, it shall not be effective against the person subject to the contract without the recognition of the person being recognized, and the actor shall be liable.

3) Assumption of debts.

Debt assumption is a civil legal act in which the validity of the debt remains unchanged and the third party bears the debt. Since the effect of debt assumption is to replace the debtor, and the solvency of the new debtor affects the interests of creditors, the debt assumption must be approved by the creditor before it becomes effective against the creditor, and the debt assumption is in a state of uncertainty until the creditor agrees.

4) Conduct that restricts the person's capacity to be recognized.

This refers to the act of a person with limited civil capacity to carry out acts beyond the scope of his or her civil capacity. If such an act is recognized by the statutory person, it becomes a valid legal act, otherwise, it is an invalid civil act. Paragraph 1 of Article 47 of the Contract Law provides:

A contract concluded by a person with limited capacity for civil conduct is valid after being retroactively recognized by the statutory ** person, but a contract that is purely for benefits or a contract concluded in accordance with his age, intelligence, or mental health status does not need to be recognized by the statutory ** person.

(1) Retrospective recognition.

Retroactive recognition is a subsidy act carried out by the holder of retroactive recognition to make the undetermined act of others effective. Retrospective recognition is a unilateral civil juristic act, which takes effect when the expression of intent is completed, and its function is to make up for the lack of legal elements for acts whose effectiveness has not yet been determined.

Who is the subject of the retroactive right varies according to the type of act. In the absence of the right to dispose of it, the right of retrospective recognition belongs to the person with the right of disposition; In the absence of the right to **, the right of retrospective recognition belongs to the person (that is, the person who is **); In the case of debt assumption, the right of retrospection belongs to the creditor; In the conduct to be recognized by a person with limited civil capacity, the right of retrospective recognition belongs to the statutory ** person. The method of implementation of the retroactive right shall be carried out by the parties to the counterparty of the act whose effect is not determined by way of notice of intent.

If the completion of the retrospective act makes the requirements for the effectiveness of the act of undetermined effect be completed, unless the person with the right of retroactive recognition has made a special statement, the act of undetermined effect shall take effect retroactively from the beginning.

2) The right to demand.

This refers to the right of the counterparty to inform the facts and urge the person with the right of retroactive recognition to implement the retroactive recognition within a given period of time. Paragraph 2 of Article 47 of the Contract Law stipulates that the counterparty may urge the statutory ** person to make a retrospective recognition within one month.

If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

Paragraph 2 of Article 8 stipulates that the counterparty may urge the respondent to be retroactively recognized within one month. If the person is not expressed, it will be regarded as such.

It is a refusal to recognize. Before the contract is compelled to be recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

According to the provisions, when the counterparty urges the person with the right of retroactive recognition to exercise the right of retroactive recognition, it may be given a period of 1 month for retrospective recognition, and if it does not retroactively recognize during this period, it shall be deemed to have refused to recognise.

3) Right of withdrawal.

This refers to the right of the counterpart of an act whose effect is not determined to revoke its expression of intent. The right of revocation and the right of demand are both rights of the counterparty, and the difference between the two is mainly in the different expectations of the act whose effect is not determined, the counterparty exercising the right of demand indicates that it expects the person with the right of retrospective recognition to recognize the act and make it effective, while exercising the right of revocation indicates that the counterparty does not want the act to take effect. The legal elements of the right of revocation are:

1) The occurrence of the right of revocation shall be before the person with the right of revocation has not been recognized, and once the right of revocation is exercised, the act with undetermined effect shall take effect, and the counterparty shall not exercise the right of revocation. (2) The intention of revocation must be made in an express manner. (3) The counterparty must be bona fide, that is, there is no fault for the lack of effective elements of the act with undetermined effect.

If the act is done knowing that the other actor lacks capacity, the right of revocation shall not be enjoyed.

This refers to a civil act whose validity is subject to the expression of intent of a third party, and whose validity is in an uncertain state before the expression of intent of a third party. The General Principles of the Civil Law do not systematically stipulate acts with undetermined validity, but they do provide for acts with undetermined validity in specific systems. Article 48 of the Contract Law, Article 51 of the Contract Law, and Article 84 of the Contract Law are all provisions on acts with undetermined validity, and Article 47 of the Contract Law on the validity of contracts concluded by persons with limited civil capacity is also a supplement to the relevant provisions of the General Principles of the Civil Law.

The characteristic of an act with undetermined effect is that the actor has completed the act and the appearance of the act is sound, but its effectiveness depends on whether the third party expresses "consent" or "disagreement", and the third party's act is an auxiliary act, and the validity of the act is in a state of uncertainty before it is made. A civil act with undetermined effect is different from a revocable civil act, in that a revocable act is a valid civil act before the revocation, but the consequences of invalidity begin to occur retrospectively after the revocation, and its effect is "valid" or "invalid" to be determined by the expressor; However, the legal effect of an act whose effect is not determined is in a state of uncertainty and is neither valid nor invalid until it is determined, and whether it is valid or invalid is subject to the determination of a third party. Civil acts with undetermined validity are also different from invalid civil acts, in that invalid civil acts are invalid ab initio and cannot be brought back to life; In the case of an act whose effect is not determined, the effect may either develop to be effective or become invalid. ‍‍

Legal Analysis: 1. Civil acts carried out by persons without capacity for civil conduct. 2. Unilateral civil acts that persons with limited capacity for civil conduct cannot independently carry out in accordance with law. 3. Civil acts committed by fraud.

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 146:Civil law acts carried out by actors and counterparts 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 have been revoked from the book have no legal binding force from the beginning.

Article 156:Where part of a civil juristic act is invalid, but it does not impact the effectiveness of the other parts, the other parts are still valid.

Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** or with the consent and retrospective consent of their legally-designated **; Adults who can fully recognize their own acts are persons with limited capacity for civil conduct, and the actual civil juristic acts of Changshi shall be recognized by their legal ** person ** or with the consent of their legal ** person. Article 19 of the Civil Code: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed ** persons ** or with the consent and recognition of their legally ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence. Article 22: Adults who are unable to fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-prescribed **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are commensurate with their intellectual or mental health conditions.

Article 171 of the Civil Code of the People's Republic of China Where the actor does not have the right to **, exceeds the right to **, or after the right is terminated, he still carries out the ** act, and it is not recognized by the ** person, it is not effective against the ** person. The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize.

Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification. Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered.

However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized. Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.

The types of invalid civil juristic acts include: 1. Civil juristic acts of persons who lack capacity for civil conduct are invalid. 2. 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. 3. Civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid. 4. Civil juristic acts that violate public order and good customs are invalid.

Public order and good customs refer to the fact that the conduct of civil subjects shall abide by public order and conform to good customs, and must not violate the public order of the state and the general morality of society. 5. Civil juristic acts with false intentions are invalid.

What is an invalid civil juristic act?

An invalid civil juristic act refers to an act that has been established but lacks the requirements for a civil act to be effective. They are: civil juristic acts carried out by persons without civil capacity; Civil juristic acts carried out by the perpetrator with false expressions of intent; Civil juristic acts that violate the mandatory provisions of laws and administrative regulations; Other circumstances prescribed by law.

Is an invalid contract a civil legal act?

An invalid contract is a civil juristic act, and it is an invalid civil juristic act. Civil juristic acts are acts of civil subjects establishing, modifying, or terminating civil legal relationships through expressions of intent, and the legal effects they produce include validity, invalidity, effect pending, revocation, etc.

Whether an invalid contract is considered a civil juristic act.

An invalid contract is considered a civil juristic act, and it is an invalid civil juristic act of the old state. Civil juristic acts are acts of civil subjects establishing, modifying, or terminating civil legal relationships through expressions of intent, and the legal effects they produce include validity, invalidity, effect pending, revocation, etc.

The invalidity of civil acts and the invalidity of contracts.

The invalidity of a civil act is not the same as the invalidity of a contract. The invalidity of a civil act refers to a civil act that has already been established, which seriously lacks the requirements for the effectiveness of the civil act, and therefore does 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; The invalidity of a contract means that the contract is not effective due to the lack of certain requirements for its validity.

Civil juristic acts whose effect is pending.

According to China's civil law, civil acts with undetermined validity, also known as civil acts with undetermined validity, refer to civil acts whose validity or invalidity cannot be determined when the act is established, and its validity is determined by the occurrence of certain facts afterwards. The types of civil juristic acts whose effect is pending are as follows:

1) Dual acts carried out by persons with limited capacity that cannot be carried out independently in accordance with law;

2) Acts without authority;

3) Conduct without authority to dispose of it;

4) Debt transfer without the consent of creditors.

Hello, dear, according to Article 58 of the General Principles of the Civil Law, the Contract Law and other relevant laws, invalid legal acts are mainly reflected in eight aspects. There are some circumstances in which invalid civil acts are carried out: (1) Civil acts carried out by persons who are incapable of civil conduct All civil acts carried out by public imitators who lack civil capacity are invalid, unless they are civil acts that make themselves purely benefited; (2) Civil acts carried out by persons with limited capacity for civil conduct If a citizen with limited capacity for civil conduct conducts a civil act that he cannot independently carry out in accordance with the law, or conducts other civil acts without the consent of his or her statutory person, his act is invalid; (3) Civil acts committed by one side by means of fraud or coercion or by taking advantage of the danger of others, causing the other party to violate its true intentions; (4) Civil acts of malicious collusion that harm the interests of the state, collectives, or third parties; 5) Civil conduct that violates the law or the societal public interest; (6) Civil acts in which an economic contract violates a state directive plan; (7) Civil acts that conceal illegal purposes in a lawful form; (8) Other civil acts.