What are the general circumstances of the breach of contract by the unit, which can be regarded as i

Legal Analysis: Depends on the circumstances. If the contract has been signed by both parties, there are no other external factors, and one party indicates that the contract is invalid, it is considered a breach of contract, and the liability for breach of contract can be agreed by the parties within the scope permitted by law.

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

Article 577: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579 If one of the parties fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request it to pay.

1. Should I bear the liability for breach of contract if the contract is invalid? If the contract is invalid, then it is necessary to bear the liability for breach of contract, if it is caused by force majeure, it is not necessary to pursue the liability for breach of contract, and after the contract is invalid or revoked, the property obtained due to the contract 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, and if both parties are at fault, they shall each bear corresponding responsibility.

Therefore, after the contract is invalid, the agreement between the parties on the breach of contract clause is also invalid, and there is no need to bear the corresponding liability for breach of contract.

2. Circumstances of invalidity of the contractThere are five reasons for the invalidity of the contract:

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 the mandatory provisions of laws and administrative regulations. Where a request is made for a declaration of avoidance of a contract on the ground of fraud, the parties bear the burden of proof on the following essential facts: the fraudulent party has the intent to defraud; The fraudulent party has committed a fraudulent act by deliberately informing false information (e.g. describing a counterfeit product as genuine, inferior product as superior, etc.) or deliberately concealing the true situation (e.g. an obligation to inform the other party of a defect in the product by act or language without fulfilling the obligation to inform the other party); The counterparty has fallen into error due to fraud; The defrauded person made an expression of intent by mistake.

Where a request is made for a declaration of invalidity of a contract on the grounds of coercion, the essential facts for which the party bears the burden of proof are: there is an act of coercion under pressure, such as an act of coercion that causes damage to the life, health, honor, reputation, property, etc., of a citizen and his relatives and friends, or an act of threatening to cause damage to the honor, reputation, or property of a legal person; The coercive act must be unlawful; There is an intent to coerce; The counterparty has fear due to coercion, and the contract is concluded out of fear. Where a request is made for a declaration that the contract is ineffective on the grounds of malicious collusion, the parties shall bear the burden of proof on the following essential facts:

The actor's intention is not effective, that is, it means that the act is inconsistent with the true intention of the heart; The non-sincere expression is carried out in conspiracy with the counterpart; The perpetrator has subjective malice, that is, he knows or should know that his act will cause damage to the interests of the State, the collective or a third party, and does it intentionally.

1. Whether the contract is invalid and the breach of contract clause is valid.

The breach clause of an invalid contract is invalid. If the contract is invalid, only the independent clause in the contract relating to the means of dispute resolution is valid, and the other conditions are invalid. The method of dispute resolution refers to the arbitration clause, the clause on the selection of the court to be sued, the clause on the selection of inspection and appraisal institutions, the clause on the application of law, etc., excluding the clause on liquidated damages.

Legal basis: A contract established in accordance with law under Article 502 of the Civil Code of the People's Republic of China shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. Where a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating that obligation.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

2. What are the characteristics of an invalid contract.

1) It is illegal. The so-called illegality refers to the violation of the mandatory rules and regulations of laws and administrative regulations and the interests of the public and the public.

2) There is a non-performance. Non-performance means that after entering into an invalid contract, the parties shall not actually perform according to the contract, nor shall they bear the liability for breach of contract for non-performance of the contract.

3) The invalid contract is void ab initio. An invalid contract violates the provisions of the law and is not recognized and protected by the state. Once it is confirmed to be invalid, it will have retroactive effect, so that the contract is not legally binding from the date of conclusion and cannot be converted into a valid contract in the future.

3. What is an invalid contract?

An invalid contract refers to a contract that has been established, but because it seriously lacks the elements of validity, it is not legally given legal effect according to the contract between the parties. One party concludes a contract by means of fraud or coercion, which harms the interests of the state; malicious collusion to harm the interests of the state, the collective or a third party; concealing illegal purposes in a lawful form; harming the public interest; Violation of mandatory provisions of laws and administrative regulations.

If the validity of the contract is to be determined, the parties need to recognize the validity of the contract.