Is the contract manifestly unfair? What are the consequences of manifestly unfair contracts?

The so-called obvious unfairness refers to the fact that one party takes advantage of its own advantages or takes advantage of the other party's inexperience, resulting in the rights and obligations of both parties clearly violating the principles of fairness and equivalent compensation. Whether a civil act is obviously unfair shall be judged on the basis of the circumstances at the time the act is established. Obviously unfair contracts are often the rights and obligations of the parties are extremely unequal, and the economic interests are unbalanced, thus violating the principle of fairness and reasonableness.

The fact that the law stipulates that a contract that is obviously unfair should be revoked is not only a concrete embodiment of the principle of fairness, but also effectively guarantees the realization of the principle of fairness. In the case of a clearly unfair contract, one of the parties has the right to request the people's court or arbitration authority to modify or revoke the contract, and the parties have the right to choose whether to request modification or rescission of the contract. The Contract Law stipulates that the following contracts may be modified or revoked:

(1) it was concluded due to a material misunderstanding; Second, it is manifestly unfair at the time of the conclusion of the contract. Legal basis: Article 54 of the Contract Law of the People's Republic of China [Revocable Contract] 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 is concluded due to a material misunderstanding; (ii) Manifestly 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.

You should take out the contract and look at it, so that you can find problems and make suggestions.

How far has the contract been fulfilled? Where is the injustice? What is the contract?

You asked a little late, after the contract is invalid, not everything is invalid, the court can also rule that part of the contract is invalid and part of the validity, and the contract can still be modified and continued to be performed through court mediation.

If the other party just doesn't agree to continue, let's see if the other party is liable for compensation. Article 58 of the Contract Law stipulates that if both parties are at fault, they shall each bear the corresponding liability.

You have to start with the first 3 questions.

Explain to the judge where you are and what happens if the contract is cancelled.

Legal analysis: If the contract is obviously unfair, one of the parties has the right to request the people's court or arbitration institution to modify or revoke it.

Legal basis: Article 54 of the Contract Law of the People's Republic of China One of the following contracts shall have the right to request the people's court or arbitration institution to modify or revoke the following contracts: (1) It is concluded due to a material misunderstanding; (ii) Manifestly unfair at the time of the conclusion of the contract.

If one party uses fraud or coercion or takes advantage of the number of people to imitate the danger and cause the other party to enter into a contract in Dazhou without the true intention of Tuchong, 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.

A contract that is obviously unfair is valid before it is revoked, but after the injured party requests the people's court or arbitration institution to revoke it, the contract is invalid from the beginning and has no legal effect on the parties, and the property obtained by the parties shall be returned.

[Legal basis].According to Article 151 of the Civil Code, which came into force on January 1, 2021.

Where one party takes advantage of the other party's distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.

Article 155 of the Civil Code.

Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Article 156 of the Civil Code.

Where a civil juristic act is partially invalid and does not affect the effectiveness of the other parts, the other parts still have only the effect of being bad.

Article 157 of the Civil Code.

After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of that act 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; Where all parties are at fault, they shall each bear the responsibility of accompanying each other. Where the law provides otherwise, follow those provisions.

If the contract is obviously unfair, the parties may apply for the revocation of the contract and demand that the other party return the property thus obtained. According to Article 151 of the Civil Code, if one party takes advantage of the other party's distress or lack of judgment ability, resulting in the civil juristic act being obviously unfair when it is established, the injured party has the right to request the people's court or arbitration institution to revoke it. Article 157 stipulates that after a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act 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; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions. Article 152 of the Civil Code of the People's Republic of China shall extinguish the right of revocation in any of the following circumstances:

1) The party has not exercised the right of revocation within one year from the date on which the party knew or should have known the reasons for revocation, or within 90 days from the date on which the party with a major misunderstanding knew or should have known the reasons for revocation; (2) The party is coerced and does not exercise the right of revocation within one year from the date on which the coercive act is terminated; (3) The parties expressly express or express their waiver of the right of revocation after knowing the reasons for revocation or by their own conduct. Where a party does not exercise the right of revocation within five years from the date of occurrence of the civil juristic act, the right of revocation is extinguished. Article 151 of the Civil Code of the People's Republic of China provides that where one party takes advantage of the other party's distress or lack of judgment ability, resulting in an obviously unfair civil juristic act, the injured party has the right to request the people's court or arbitration institution to revoke it.

A manifestly unfair contract is a contract entered into by one party at the time of conclusion of the contract due to urgency or lack of experience, which is clearly materially detrimental to itself. Contracts that are obviously unfair often involve extremely unequal rights and obligations between the parties, and unbalanced economic interests, thus violating the principle of fairness and reasonableness. For a contract that is obviously unfair, one of the parties has the right to request the people's court or arbitration authority to modify or revoke the contract, and the parties have the right to choose whether to request modification or rescission of the contract.

Legal basis: Article 151 of the Civil Code stipulates that if one party takes advantage of the other party's distress or lack of judgment ability, etc., resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.

Legal analysis: If one of the parties to the contract adopts coercive means when signing the contract, so that the other party to the contract enters into the contract contrary to its true intentions, the coerced party to the contract may apply to the arbitration institution or the people's court for revocation in accordance with the law.

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

Article 10: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to the true intentions of the other party, the coerced party has the right to request that the people's court or arbitration institution revoke it.

Legal analysis: the profit-winning party has subjective malice, deliberately takes advantage of its own advantages, and signs or performs a contract that is obviously unfair too rashly; When signing the contract, the rights and obligations of both parties are clearly in violation of the principle of fairness.

Legal basis: Civil Code of the People's Republic of China Article 533 After the contract is established, if the basic conditions of the contract have undergone major changes that were unforeseeable by the parties at the time of conclusion of the contract and are not commercial risks, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.