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The statute of limitations is divided into general statute of limitations and special statute of limitations according to the length of time and scope of application. General Statute of Limitations. It refers to the statute of limitations that is generally applicable under general circumstances, and this kind of statute of limitations is not stipulated for a special situation, but is generally applicable, such as Article 135 of the General Principles of the Civil Law of China
The statute of limitations for requesting protection of civil rights from the people's courts is two years, except as otherwise provided by law. This shows that the general statute of limitations for general civil litigation in China is two years.
Because the contract of 10 years ago has expired, in principle, the people's court will no longer protect it.
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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.
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Legal analysis: Looking at the specific content of the contract, if it does not exceed the time limit agreed in the contract, it is valid, and if the contract has been performed or the contract is invalid, the contract is invalid. The determination of the validity of a contract should be judged from two aspects.
First, whether the conditions for taking effect are met, and the conditions for the contract to take effect are: whether the parties to the contract have the capacity to act arbitrarily, whether the expression of intent is true, and whether the content of the contract violates laws and administrative regulations. The second is whether the contract is invalid as stipulated in the Contract Law.
Legal basis: 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.
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The parties agreed that the 10-year guarantee period is valid. China's Civil Code allows the parties to exercise autonomy in the guarantee period. That is to say, if the guarantee period stipulated in the guarantee contract is shorter than 6 months or longer than 2 years, in principle, the agreement shall prevail, but it shall not violate the principles of good faith, public order and good customs.
Therefore, a clause that stipulates a guarantee period of 10 years is generally valid.
[Legal basis].Article 692 of the Civil Code.
The guarantee period is the period during which the guarantor bears the guarantee liability, and there is no suspension, interruption or extension.
The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period is six months from the date of expiration of the performance period of the main debt.
Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt. Seep out orange.
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Summary. Legal basis: Article 705 of the Civil Code The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.
Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
Can the contract of twenty years ago still be in force now.
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It depends on what kind of contract it is, and if it is a lease contract of more than 20 years, the excess part is invalid.
Article 705 of the Civil Code of the People's Republic of China The term of the lease shall not exceed 20 years. If it is more than 20 years, it is invalid if it is more than 20 years. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed 20 years from the date of renewal and upgrading.
Legal basis: Article 705 of the Civil Code The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.
Upon the expiration of the lease term, the parties may renew the lease contract; provided, however, that the agreed term of the lease shall not exceed twenty years from the date of renewal.
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If the contract does not stipulate a validity period, it is considered an indefinite contract. If the parties have not terminated the contract or the contract has not been terminated, it is valid even after 10 years. A contract established in accordance with law shall take effect upon its establishment and shall be legally binding on the parties, and the parties shall perform their obligations in accordance with the agreement.
Is the contract still valid after 10 years? If the contract does not stipulate a validity period, it is considered an indefinite contract. If the parties have not terminated the contract or the contract has not been terminated, it is valid even after 10 years.
A contract established in accordance with law shall take effect upon its establishment and shall be legally binding on the parties, and the parties shall perform their obligations in accordance with the agreement.
Is the contract still valid after 10 years? legal basis
According to Article 100 and Article 88 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period shall be calculated from the date on which the right holder knows or should have known that the right has been damaged by the sale and the obligation. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
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Summary. Valid oh dear, a contract that will not come into effect until 20 years after signing is valid.
Valid oh dear, a contract that will not come into effect until 20 years after signing is valid.
The homestead circulation is only 20 years, and the leasing party requires three contracts to be signed, each for a total of 60 years, and the second contract date is signed half a month before the expiration of the first contract, and the third contract is signed half a month before the second expiration, but does the age of the lessor of the stove beam have anything to do with whether it is alive?
It doesn't matter, dear.
Do the latter two contracts require the consent of the village collective organization when the contract takes effect, or is there a legal issue of the village collective intervention?
If it has already been signed, it is not required.
The contract does not necessarily have a judgment and hidden validity period, whether there is a validity period depends on whether the parties have agreed on the validity period, if the false auction is agreed, there is a validity period, if there is no agreement, there is no validity period.
If the contract does not stipulate a valid service period, the contract is usually terminated after the completion of the performance of the contractual obligations stipulated in the contract, that is to say, until the performance of the contractual obligations is completed.
However, if the lease contract is more than 20 years, the excess part is invalid. Because Article 705 of the Civil Code clearly stipulates that the term of the lease shall not exceed 20 years.
If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease period, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
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