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Anonymous users2024-02-07Legal analysis: 1. Negligence in contracting occurs in the process of concluding the contract. 2. The contracting party has violated its pre-contractual obligations.
3. The party who violates the pre-contractual obligations is subjectively at fault. 4. The negligence in the conclusion of the contract causes damage to the trust interests of the other party. According to the relevant laws and regulations, if a party has any of the following circumstances in the process of concluding a contract, and causes losses to the other party, it shall be liable for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.
Legal basis: Article 500 of the Civil Code of the People's Republic of China Article 500 If a party causes losses to the other party in any of the following circumstances in the process of concluding a contract, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing material facts related to the conclusion of the contract or providing false information; (3) Other conduct that violates the principle of good faith.
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Anonymous users2024-02-061. Negligence in the conclusion of the contract occurs in the process of concluding the contract. 2. The contracting party has violated its pre-contractual obligations. 3. The party who violates the pre-contractual obligations is subjectively at fault.
4. The negligence in the conclusion of the contract causes damage to the trust interests of the other party. According to the relevant laws and regulations, if a party suffers any of the following losses in the process of concluding a contract, it shall be liable for compensation and compensation: (1) maliciously conducting negotiations under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.
Legal basis: Article 500 of the Civil Code of the People's Republic of China Article 500 If a party has any of the following circumstances in the process of concluding a contract, resulting in losses to the seller, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.
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Anonymous users2024-02-051. Negligence in the conclusion of the contract occurs in the process of concluding the contract.
2. The contracting party has violated its pre-contractual obligations.
3. The party who violates the pre-contractual obligations is subjectively at fault.
4. The negligence in the conclusion of the contract causes damage to the trust interests of the other party. According to the relevant laws and regulations, if a party has any of the following circumstances in the process of concluding a contract, and causes losses to the other party, it shall be liable for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
(3) Other conduct that violates the principle of good faith.
1. What is the penalty for not establishing a labor contract?
1. The contract is not established because there is no legal and effective contractual relationship as the premise, so there is no responsibility to perform the contract, let alone the liability for breach of contract. However, in the law of obligation, it is not that the parties do not have any rights and obligations between them.
2. If one party's behavior violates the principle of good faith during the conclusion of the contract or after the contract is concluded or before it takes effect, resulting in the contract not being established, not taking effect, or being revoked or declared invalid after taking effect, thereby causing damage to the other party, Qin Jinzao shall bear the liability for negligence in contracting.
3. In the process of concluding the contract, if the party has any of the following circumstances and causes losses to the other party, it shall be liable for compensation:
2. What should I do if the other party deliberately conceals major matters when concluding the contract.
In the process of concluding a contract, if one party deliberately conceals major matters, resulting in the contract not being formed or defective, it shall bear the liability for negligence in concluding the contract, and the other party may require the other party to bear the liability for compensation. The so-called liability for negligence in contracting refers to the civil liability that the parties should bear when they violate their pre-contractual obligations in accordance with the principle of good faith due to their fault in the process of concluding a contract, resulting in the invalidity of the contract, or the fact that the contract is established but does not meet the statutory conditions for taking effect and is confirmed to be invalid, modified or revoked, causing losses to the other party. When the parties contact or negotiate for the purpose of concluding a contract, although the contract has not yet been formed, but the behavior of one party will have an impact on the interests of the other party, according to the principle of good faith, either party has pre-contractual obligations such as assistance, care, protection, loyalty, notification, confidentiality, etc.
If either party violates its pre-contractual obligations based on its fault and causes a reasonable loss of trust interests to the other party, it shall constitute contractual negligence and shall be liable to compensate the other party for the loss of reasonable trust interests. According to the relevant provisions of Chinese law, in the process of concluding a contract, a party shall be liable for damages if it deliberately conceals important facts related to the conclusion of the contract, provides false information or has other acts that violate the principle of good faith, and causes losses to the other party.
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Anonymous users2024-02-04Yes. The following conditions must be met to determine the liability for contractual negligence: (1) the contracting party has violated the statutory ancillary or pre-contractual obligations, such as the duty of good knowledge, confidentiality, assistance, etc.
2) The violation of statutory ancillary obligations or pre-contractual obligations has caused losses to the other party's trust interests, including direct and indirect losses. (3) The party to the party that violates the statutory ancillary obligation or the pre-contractual obligation is subjectively at fault, such as one party concealing the true situation, fraud, etc. and (4) there is a causal relationship between the breach of statutory ancillary obligations or pre-contractual obligations and the losses suffered by the other party.
According to the above conditions, it does not preclude the claim of liability for contractual negligence if the contract is valid. In practice, liability for contractual negligence is applicable to the situation where the contract is not formed, revoked or invalid, and it is also recognized to be applicable to the situation that the contract is valid under certain conditions.
Civil Code of the People's Republic of China
In the process of concluding a contract, if the parties to the contract have any of the following circumstances and cause losses to the other party, they shall be liable for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
3) There are other conduct that violates the principle of good faith.
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Anonymous users2024-02-03Liability for contractual negligence is assumed in the following ways:
1. Both parties shall return all the property acquired as a result of the conclusion of the contract;
2. Discount compensation. Where the property acquired as a result of the conclusion of the contract cannot be returned or it is not necessary to return it, compensation shall be made at a discounted price;
3. Both parties shall bear their respective responsibilities. The degree of responsibility is judged according to the fault. Kidjin Bend.
Article 500 of the Civil Code of the People's Republic of China.
In the process of concluding a contract, if a party has any of the following circumstances and causes losses to the other party, it shall bear the responsibility for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
(3) Other conduct that violates the principle of good faith.
500 and 01.
The trade secrets or other information that should be kept confidential that the parties learn in the course of concluding the contract shall not be disclosed or improperly used, regardless of whether the contract is established or not; Where the trade secret or information is leaked or improperly used, causing losses to the other party, it shall be liable for compensation.
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Anonymous users2024-02-02The liability for the loss of the contract shall be borne in the following ways: 1. Both parties shall return all the property acquired as a result of the contract; 2. Discount compensation. Where the property acquired as a result of the conclusion of the contract cannot be returned or it is not necessary to return it, compensation shall be made at a discounted price; 3. Both parties shall bear their respective responsibilities.
The degree of responsibility is judged according to the fault.
Article 500 of the Civil Code of the People's Republic of China Where a party has any of the following circumstances in the process of concluding a contract, causing losses to the other party, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith. Article 501 of the Civil Code of the People's Republic of China The trade secrets or other information that the parties learn in the course of concluding a contract shall not be disclosed or improperly used, regardless of whether the contract is established or not; Where the trade secret or information is leaked or improperly used, causing losses to the other party, it shall be liable for compensation.
When you find that the other party has transferred property, you must apply for property preservation as soon as possible, please listen to the details of family lawyer Zhao Dongxue.
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