What contracts are voidable? Which contracts can be revoked

Contract Law of the People's Republic of China

Article 52 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.

Article 53 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.

Article 54 One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

That is, contracts belonging to the above types can be revoked).

The following contracts may be revoked: 1. Contracts concluded due to material misunderstanding. Major misunderstanding refers to the act in which the perpetrator causes the consequences of the act to be contrary to his or her own intentions and causes greater losses due to a misunderstanding of the nature of the act, the other party, the variety, quality, specification, and quantity of the subject matter.

2. Contracts concluded due to manifest unfairness. Manifest unfairness refers to a contract entered into by a party under circumstances of urgency or inexperience if the performance of the contract is materially detrimental to it. 3. Fraudulent contracts concluded without pretense.

Fraud refers to the act of one party deliberately informing the other party of false information, or deliberately concealing false information, inducing the other party to make a false expression of intent. 4. Contracts concluded under duress. Coercion refers to the act of expressing untrue intentions due to the threat and coercion of others and falling into fear.

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

Article 147:Where civil juristic acts are carried out on the basis of a major misunderstanding, the perpetrator has the right to request that the people's court or arbitration body revoke it.

The following are the voidable contracts:

1. The conclusion is made by the parties based on a material misunderstanding;

2. One party uses fraudulent means to make the other party enter into the agreement contrary to its true intentions;

3. A third party commits a fraudulent act, causing one party to conclude a contract contrary to its true intentions, and the other party knows or should know about the fraudulent act;

4. The parties are coerced by the other party or a third party to enter into the agreement under the circumstance that the expression of intent is not true;

5. The contract is obviously unfair when it is concluded.

[Legal basis].

Article 147 of the Civil Code of the People's Republic of China.

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.

If one party travels by fraudulent means to cause the other party to carry out a civil juristic act contrary to the intention of the real demolition, 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 and causes one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Legal analysis: The scope of a voidable contract should be limited to a contract in which the intention is untrue, mainly in the following three situations: 1. A contract concluded due to a material misunderstanding.

2. It is manifestly unfair at the time of entering into a contract. 3. It is a contract concluded by means of fraud, coercion or by taking advantage of the danger of Xiangjidong.

Legal basis: Article 147 of the Civil Code of the People's Republic of China: Where civil juristic acts are based on a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke them.

Contracts that are voidable are:

1. Contract concluded due to material misunderstanding: a contract concluded based on a misunderstanding of the nature and important terms of the contract (such as **, product, quantity, quality) and other important terms. In the event of a material misunderstanding, one or both parties have the right to request the people's court or arbitration institution to revoke the contract.

2. Contract concluded by fraud: If one party to the contract uses fraudulent means (such as forging enterprise qualifications, seals, etc.) to make the other party enter into a contract against its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke the contract.

3. Contract concluded by coercion: If one party to the contract or a third party uses coercion to cause the other party to conclude a contract contrary to its true intentions, the coerced party has the right to request the people's court or arbitration institution to revoke the contract.

4. A contract concluded unfairly due to the danger of others: if one party to a contract takes advantage of the other party's distress, lack of judgment ability, urgent need, etc., to enter into a contract with the other party that is obviously unfair (extremely unfavorable to itself), the injured party has the right to request the people's court or arbitration institution to revoke the contract.

Legal basis] Article 148 of the Xinji Civil Code stipulates that if 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.

Legal analysis: Contracts that can exercise the right of revocation have the following circumstances: 1. Contracts concluded due to material misunderstandings; 2. Prepare for the cancellation of contracts concluded due to obvious unfairness; 3. Contracts concluded due to fraud; 4. Contracts concluded under duress.

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

Article 147:The perpetrator has the right to request that the people's court or arbitration body revoke civil juristic acts carried out on the basis of a major misunderstanding.

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

Article 149:Where a third party commits fraudulent conduct, 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 conduct, the defrauded party has the right to request that the people's court or Zhongqing Friendship Adjudication Body revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment capacity, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.

Legal analysis: The Civil Code stipulates that voidable contracts include contracts signed based on material misunderstandings, fraudulent means, fraud by third parties, coercion, etc.

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

Article 147? [Effectiveness of Civil Juristic Acts Based on Major Misunderstandings]The perpetrator has the right to request that a people's court or arbitration institution revoke a civil juristic act based on a major misunderstanding.

Article 148. [Effect of Civil Juristic Acts Carried Out by Fraudulent Means] Where one party fraudulently joins hands and limbs, causing 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. [Effect of Civil Juristic Acts Deceived by a Third Party] Where a third party commits a fraudulent act, causing one party to carry out a disguised 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? [Effect of Civil Juristic Acts Carried Out by Coercion]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? [Effect of Obviously Unfair Civil Juristic Acts]Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment ability, resulting in a manifest loss of public record at the time of the establishment of a civil juristic act, the injured party has the right to request that the people's court or arbitration institution revoke it.

Article 155? [Civil juristic acts that are invalid or revoked are invalid ab initio] Civil juristic acts that are invalid or revoked are not legally binding from the beginning.