Whether the contract signed by the eighty year old man can be effective

If there is evidence that the 80-year-old person is an incapacitated person, the contract is invalid and can be revoked. And if the contract is suspected of fraud and obvious unfairness, you can apply to the court to terminate the contract. If there is no such situation, it is valid.

If there is a civil juristic act that violates public order and good customs, it is invalid.

Legal Analysis] If the contract signed by the 80-year-old man meets the requirements for invalidating the contract, such as he is a person with no or limited civil capacity, his legal ** person is eligible to claim that the contract is invalid or terminated. The law does not stipulate that an 80-year-old cannot sign a contract, but the 80-year-old man needs to have full civil capacity for the contract to be valid. Invalid civil acts refer to civil acts that do not have the valid elements of a civil juristic act and do not take legal effect.

It includes the following situations: civil acts carried out by persons without civil capacity; Civil acts that persons with limited capacity for civil conduct cannot independently carry out in accordance with law; A civil act committed by one party by means of fraud, coercion or taking advantage of the danger of others, so that the other party violates its true intentions; Civil acts of malicious collusion that harm the interests of the state, the collective, or a third party; Civil acts that violate the law or the public interest; civil acts of economic contracts that violate the directive plans of the state; Civil acts that conceal an illegal purpose in a lawful form.

[Legal basis].

Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements 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 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.

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.

Article 157:After a civil juristic act is invalid, revoked, or determined not to take effect, 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.

The contract is a voidable contract, and whether it has legal effect depends on the specific circumstances.

1. If the defrauded party requests the people's court or arbitration institution to revoke the contract, the contract shall be invalid from the date of revocation. That.

2. If the above conditions are not met, the contract shall remain valid.

Looking at the mental state of the elderly, if there is no disease such as Alzheimer's, can fully recognize their own behavior, have a clear consciousness, a clear attitude, firm language, and are very decisive in the decisions they make, without a little ambiguity, then the signed contract is legal and valid.

The law also clearly stipulates that 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.

On the other hand, if the brain is confused, there is a certain mental cognitive disorder, or even if the person with limited capacity is identified, the contract entered into by the person with limited civil capacity is valid after being recognized by the statutory person, but the contract that is purely beneficial or the contract concluded in accordance with its age, intelligence, and mental health status does not need to be recognized by the legal person.

The counterpart 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.

The contract signed by a seventy-year-old man is valid. If there is evidence to prove that the elderly person is incapacitated, the contract is invalid and can be revoked, and if the contract is suspected of fraud and obvious unfairness, the contract can be terminated by the court.

A valid contract is subject to the following conditions:

1. The actor who concludes the contract has the corresponding capacity for civil conduct;

2. The intention of the parties is true;

3. The content of the contract does not violate the law or the public interest;

4. The contract has two parts: offer and commitment.

Civil juristic acts that meet the following conditions are valid:

1. The actor has the corresponding capacity for civil conduct;

2. The meaning is true;

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

The effect on the validity of the contract shall be determined on a case-by-case basis, including the following:

1. In the case of general misunderstanding, etc., the contract is still valid;

2. In case of major misunderstanding, the contract can be changed or revoked;

3. The contract may be changed or revoked if the contract is obviously unfair due to the danger of the person;

4. When a contract is established due to fraud or coercion, the contract is invalid if it damages the interests of the state; The contract may be varied or revoked if it is not prejudiced to the interests of the State.

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 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.

Article 506 The following exemption clauses in the contract are invalid:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

A 70-year-old man is a person with full capacity for civil conduct, and the contract signed by him is valid. The term of the contract is fifteen years, and if the parties agree to it, the contract is valid once it is signed. Therefore, a 70-year-old man signing a 15-year contract has the force of law.

Your questioning may be "what if the old man dies before the age of 85". According to the relevant laws and regulations, the death of one of the parties to a contract is one of the statutory termination circumstances of the contract. The other party, when entering into a 15-year contract with a 70-year-old, should have known that this might happen, and since it had agreed to enter into such a contract, it would have been willing to accept the corresponding outcome.

It is the right and freedom of the parties and therefore the contract is valid.

Legal Analysis: Effective. However, it is necessary to pay attention to whether the 80-year-old has the capacity for civil conduct, and if it is Alzheimer's disease and other conditions that cannot make a true expression of intent, it is a contract with pending validity or invalidity.

Legal basis: Article 19 of the Civil Code of the People's Republic of China: Minors over the age of eight are sentenced to be 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-prescribed persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Legal analysis: the elderly over the age of 70 belong to the adults in the civil law, so they usually belong to the full capacity for civil conduct, and the contract signed independently is legally valid, but if the adult is unable to fully identify his behavior because of other factors such as old age, illness, etc., the contract signed by him is invalid because he has no capacity for civil conduct, or the validity of the contract is to be determined, and it needs to be recognized by its legal person.

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

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Article 21: Adults who are unable to recognize their own conduct are persons with no capacity for civil conduct, and their legally-designated **persons are to carry out civil juristic acts.

Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.

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-designated **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 appropriate to their intellectual or mental health conditions.

Legal analysis: Whether a 70-year-old man signs a contract is valid depends on whether he meets the conditions. A civil juristic act that meets the following four conditions is valid:

1. The seventy-year-old who signs the contract has the corresponding civil capacity; 2. The signed contract expresses the true intention of the seventy-year-old; 3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. 4. The contract deals with the legal property of a seventy-year-old man.

Legal basis: Article 143 of the Civil Code of the People's Republic of China [Conditions for the Validity of Civil Juristic Acts] Civil juristic acts that meet the following conditions are validly served:

1) The perpetrator 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.