-
Where an intermediary fraudulently signs a contract, a people's court or arbitration institution may be requested to modify or revoke the contract. Committing the crime of contract fraud shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; where the circumstances are serious, a sentence of between three and ten years imprisonment and a concurrent fine; In more serious cases, the sentence is fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation of property.
Legal analysisIt is a crime of contract fraud and can be prosecuted in the people's court. Contract fraud still falls within the scope of civil economic disputes, and if the provisions of the Contract Law and other provisions are applied, and it constitutes a breach of contract or tort, it shall bear the corresponding liability for breach of contract as agreed in the contract, or compensate for the actual losses caused, including the loss of expected benefits after the realization of the contract. One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following:
1) It was concluded due to a major misunderstanding; (2) It is obviously unfair at the time of the conclusion of the contract. A contract entered into by one party by means of fraud, coercion or taking advantage of the danger of another party to make the other party enter into a contract contrary to its true intentions. signing a contract with a fictitious unit or fraudulently using the name of another person; Secured by forged, altered, or invalidated bills or other false property certificates; Where there is no actual ability to perform, and the other party is deceived into continuing to sign and perform the contract by first performing a small contract or partially performing the contract; Whoever, after accepting goods, payment, advance payment, or secured property from the other party, escapes, and in the course of signing or performing the contract, defrauds the other party of property, and the amount is relatively large, is to be sentenced to up to three years imprisonment or short-term detention, and/or where a fine is huge, or where there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.
Legal basisArticle 528 of the Civil Code of the People's Republic of China: Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have indicated that it has not performed the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.
-
You can file a lawsuit with the court to declare the contract void, but if you do so, you will have to bear the burden of proof.
If the amount is not large, you can refuse to perform. In the process of negotiating with the other party, you can use the other party's words to prove the fact that you have been deceived and record it.
-
1. Contact the Personnel Bureau directly and report the intermediary**;
2. Call the 123456 for help and solve the problem;
3. Call the police and seek help from the police.
-
1. In case of fraud, it is recommended to call 110 and report to the local police station; 2. If the amount of fraud reaches more than 3,000 yuan, the other party's behavior is suspected of the crime of fraud 3. Legal basis: 1) Article 266 of the Criminal Law [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
2) "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" Article 1: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in Criminal Law article 266.
Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!
-
If the parties have signed a contract, then you can sue the court to terminate the contract, as long as the contract is fraudulent, then you sue the court, and the court will support your claim.
-
Hello, if you are deceived by an intermediary, you can call the local consumer council 12315 to complain.
-
You can now either hire a lawyer to see if you can avoid a little legal risk, or you can choose to sue.
-
You can file a lawsuit with the court, stating that the contract is not your true will, and request a judgment to terminate it.
-
If you are deceived by an intermediary, you should fix the evidence to report to the police as soon as possible, and the intervention of ** can recover your losses.
-
If you are deceived by an intermediary to sign a contract, you must ask a lawyer to go through the judicial process.
-
Now ** is very much, if you are deceived by the intermediary to sign the contract, there is no way in this situation, if the content of the contract is legal, it can only be executed according to the contract.
-
If it is determined that the contract was signed in a fraudulent manner, a lawsuit can be filed.
-
Let's negotiate and settle it first, if it doesn't work, take the legal route.
-
If you sign a contract, it will have legal effect, and you have to provide evidence to prove that you were cheated, then the contract will be invalid.
-
See if you volunteered at the time! If you are willing, then there is no way, this is not called cheating!
-
Do you have any evidence to prove that the contract you signed now was fraudulent, and if you can prove it, then the contract can prove to be invalid.
-
Legal Analysis: If there is sufficient evidence to prove that the contract was determined by fraud, you can claim the rescission of the contract.
Legal basis: Civil Code of the People's Republic of China
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 a fraudulent act, causing one party to carry out a civil juristic act of demolition and combustion contrary to its true intentions, and the other party knows or should know about the fraudulent act in that state, the defrauded party has the right to request that the people's court or arbitration institution revoke it.
-
It is an invalid contract. The parties have the right to request the court to set aside the case. However, evidence needs to be provided. It is generally recommended to report to the police in time afterwards and keep the alarm record as evidence.
Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.
Article 146:Civil juristic acts carried out by the actor and the counterpart 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.
-
Find a legal department to defend your rights and ask a lawyer to help you solve the problem.
-
If an intermediary fraudulently signs a contract, he may request a people's court or arbitration institution to revoke it. The parties may file a complaint with the relevant local authorities, and if the dispute cannot be resolved through complaint negotiation, the party may directly file for arbitration or file a lawsuit with the people's court of the jurisdiction.
Article 148 of the Civil Code.
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 the People's Court of Justice or arbitration institution to revoke it.
Article 149 of the Civil Code.
Where a third party commits a fraudulent act, causing 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.
-
If there is sufficient evidence to prove that the contract was fraudulent, you can claim rescission of the contract.
1. What is the difference between an invalid contract and a voidable contract?
The difference between an invalid contract and a voidable contract is as follows:
1. There are major misunderstandings, obvious unfairness, taking advantage of others' danger, fraud, coercion, etc. whether the main reason for the invalidity of the contract is the capacity for civil conduct;
2. If the determination procedure is different, the revocation procedure in the revocation contract must be initiated by the person with the right of revocation; People's courts and arbitration institutions may take the initiative to confirm invalid contracts;
3. Invalid contracts with different legal effects are invalid from beginning to end; A voidable contract is valid until it is rescinded;
4. Different legal responsibilities. Void contracts are null and void from beginning to end; The legal obligations and responsibilities of the voidable contract are determined by the subjective will of the right to revoke them;
5. The time limit is different. If the person with the right to rescind a contract can exercise the right of rescission, it must comply with the time limit prescribed by law. If the time limit for exercising is exceeded, the person with the right of revocation shall lose the right of revocation and shall not exercise the right of revocation, and the contract shall be valid; Void contracts are null and void from beginning to end;
2. What is the buyer's right of defense for the seller's breach of the warranty obligation for defects in the subject matter?
The buyer may exercise its right of defence to protect it from undue harm.
The buyer's right of defense is premised on the fact that it has conclusive evidence to prove that a third party may claim rights in respect of the subject matter, and the effect of the right of defense is only to suspend the payment of the corresponding price, that is, to suspend or postpone the performance of its contractual obligations, rather than to dissolve or terminate the contractual relationship between the buyer and the seller.
If the buyer does not have conclusive evidence to prove that a third party may claim rights in the subject matter and withholds payment of the corresponding price, the buyer shall be liable for breach of contract.
3. Whether a hidden marriage can invalidate the labor contract.
Concealed marriage can invalidate an employment contract.
If an employee fraudulently signs an employment contract with the employer, the employer may not only terminate the employment contract on this ground, but may even apply to the Labor Dispute Arbitration Commission to determine that the contract is invalid on the basis of the employee's fraud.
Therefore, if the employer explicitly requires the recruitment of an unmarried person, and the job seeker has obtained a job because he conceals his married status, then if the employee's married status is discovered by the employer in the future, the employer can claim that the employment contract is invalid on the ground that "the employee has signed an employment contract with the employer by fraudulent means".
Article 148 of the Civil Code of the People's Republic of China: 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 the people's court or arbitration institution to revoke it. Article 149:Where a third party commits a fraudulent act, causing a civil juristic act carried out by one party contrary to the true intentions of the state, 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.
When an unequal contract is signed, a request may be made to the people's court or arbitration institution to revoke it. >>>More
What should I do if my Australian visitor visa is refused? This depends on the reason for the refusal in the refusal letter. If you can find out the reason for the rejection and fix it, you can apply again. >>>More
Rabies is a zoonotic acute infectious disease caused by rabies virus, also known as hydrophobia, rabies, etc., which is mainly infected by the rabies virus in the saliva of animals when they bite people. Once onset, the progression is rapid, with a case fatality rate of 100%. >>>More
Go cold. Don't have anything to do with them.,If it's against you you're really losing.,It's going to be a mess.。。。 It's disgusting. >>>More
You should be a middle school student, since you have cut your hair short, then be handsome, talk to them calmly, be friends, be cheerful, in fact, friends of the opposite sex are more real than friends of the same sex, and it is easier to get along. I walk with my classmates when I leave school, and I make an appointment with friends when I go to school. Others will see your transformation very quickly. Come on!