How to determine malicious collusion The contract entered into by malicious collusion

If the seller sells two houses with one house, the contract will be deemed invalid if there is malicious collusion between the seller and the subsequent buyer to the detriment of the interests of the former buyer as provided for in Article 52 of the Contract Law. However, malicious collusion is the subjective psychological state of the parties, and it is necessary to make inferences about the subjective psychology of the parties based on their external behaviors and other objective circumstances, combined with their trading habits and daily life experience. In general, the determination of malicious collusion can be considered from the following aspects:

1. Whether the subsequent buyer has fulfilled the duty of care necessary and reasonable for ordinary buyers. If the buyer signs a contract for the sale and purchase of the house without inspecting the house on the spot and understanding the use of the house, it is subjectively grossly negligent in infringing on the interests of the prior buyer. 2. Review the actual transaction of the house**, and then check whether the buyer has actually paid a reasonable consideration.

If the transaction agreed in the contract is significantly lower than the market or significantly lower than the transaction in which the house sale contract was signed earlier, there may be bad faith. 3. Review the specific transaction methods, processes and whether the content of the housing sales contract is complete and detailed. 4. Examine the relationship between the parties to the transaction, the identity of the subsequent buyer, and whether there are unreasonable economic dealings between the two parties to the transaction.

Legal basis: Article 52 of the Contract Law of the People's Republic of China 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. Covering up illegal purposes in a legal form 4. Harming the public interest 5. Violating the mandatory provisions of laws and administrative regulations.

Hello, Article 52, Paragraph 2 of the Contract Law is invalid if the contract is maliciously colluded to damage the interests of the state, the collective or a third party. According to article 54 of the Contract Law, if malicious collusion involves fraud, the contract is voidable, and one of the parties has the right to request the people's court or arbitration institution to modify or revoke the contract.

Malicious collusion refers to the illegal act of deception by both parties for the purpose of harming the interests of others in the purchase and sale activities. The specific manifestations are: collusion to cover up the truth, collusion in the process of bidding, intentional price reduction, damage to the interests of the client, etc.

The omission of a civil act with the following characteristics is found to be malicious collusion: each party has malicious intent to harm the interests of others, that is, not only does it intentionally act knowing that its conduct is harmful to others, but also carries out the act for the purpose of harming others and benefiting oneself.

Malicious collusion refers to the collusion between parties to carry out certain acts that harm the interests of the state, the collective, or a third party.

Determination of collusive bidding.

In any of the following circumstances, it shall be deemed that bidders collude with each other in bidding:

A) different bidders' bidding documents prepared by the same unit or individual;

2) Different bidders entrust the same unit or individual to handle bidding matters.

In any of the following circumstances, it belongs to the bidder and the bidder to collude in bidding:

A) the tenderer before the opening of the bid to open the bidding documents and disclose the relevant information to other bidders;

2) the tenderer directly or indirectly to the bidder to disclose the bottom of the bid, members of the bid evaluation committee and other information;

3) The tenderer expressly or implicitly indicates that the bidder lowers or raises the bid.

How to determine malicious collusion in the contract.

Determination of malicious collusion in the contract:

1. Both parties are intentional.

2. The malicious collusion of the contract is for the purpose of obtaining illegal benefits.

Where parties maliciously collude to carry out civil acts that harm the interests of the state, collectives, or third parties, the property acquired by both parties shall be recovered, and returned to the state, collective, or third party.

Article 154 of the Civil Code.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Legal basis. Article 154 of the Civil Code of the People's Republic of China: [Effect of Malicious Collusion in Civil Juristic Conduct] Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Civil acts with the following characteristics are found to be malicious collusion: all parties involved in the omission of sales have malicious intent to harm the interests of others, that is, they not only intentionally act knowing that their acts are harmful to others, but also carry out the acts for the purpose of harming others and benefiting themselves.

Malicious collusion refers to the collusion between parties to carry out some kind of damage to the interests of the state, the collective or a third party.

Legal basis. Article 154 of the Civil Code of the People's Republic of China: [Effectiveness of Civil Juristic Acts of Malicious Collusion] Civil juristic acts of malicious collusion between the actor and the counterpart to harm the lawful rights and interests of others are invalid.

Legal analysis: 1. Malicious collusion refers to a certain civil act that harms the interests of the state, the collective or a third party carried out by the parties in collusion with each other. Its features include:

2. It has the following characteristics: (1) each party has malicious intent to harm the interests of others, that is, not only does it intentionally carry out its act knowing that it is harmful to others, but also carries out the act for the purpose of harming others and benefiting themselves; (2) The parties collude with each other to conspire to carry out the act, for example, the first person conspires with a third party to damage the interests of the first person; (3) The result of the act objectively harms the interests of the state, the collective, or a third party.

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

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The effectiveness of concealed civil juristic acts expressed with false intent to clear the seepage is to be handled in accordance with the provisions of the relevant laws.

Article 154:Civil legal acts of the Wheel Correction Hall where the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

A certain kind of civil act carried out by parties in collusion with each other that harms the interests of the state, the collective, or a third party. Its features include:

1. Each party has malicious intent to harm the interests of others, that is, not only does it intentionally carry out its act knowing that it is harmful to others, but also carries out the act for the purpose of harming others and benefiting oneself;

(2) The parties collude with each other to conspire to carry out the act, for example, the first person conspires with a third party to damage the interests of the first person;

(3) The result of the act objectively harms the interests of the state, the collective, or a third party.

The national interest mainly refers to the interests enjoyed by the state as the owner of the property of the whole people. Although other illegal civil acts also harm the interests of the state, and the parties may have collusion, such as smuggling, because they harm the public interest expressed in the interests of the state, they do not belong to the type of civil acts of malicious collusion.

Civil acts of malicious collusion are not only invalid, but also the illegal property that has been obtained by the parties concerned and agreed to be recovered and returned to the state or collective or returned to a third party.

1. Is the malicious collusion contract necessarily invalid?

The contract of malicious collusion to contract and transfer Yun Xiaoli refers to the contract entered into by the parties in collusion and collusion with each other in order to obtain improper benefits, which harms the interests of others. The consequences of such contracts are usually attributed to state-owned enterprises and institutions, collective economic organizations, private enterprises, other organizations and individual citizens other than the parties.

In China's current economic life, the contract signed by the legal representative, the first person and the counterparty of the enterprise and the counterparty in malicious collusion to damage the interests of the unit is the most typical contract concluded by malicious collusion.

Therefore, a contract that maliciously colludes to harm the interests of the state, the collective, or a third party is invalid.

II. Elements of Malicious Collusion.

1. Malicious collusion first requires the malicious intent of both parties to harm a third party, and malicious intent is relative to good faith, that is, knowing or should know that an act will cause damage to the state, the collective or a third party, and doing it intentionally. Malice does not occur if the parties or a party did not know or should not have known of the harmful consequences of their conduct.

2. Malicious collusion requires the prior collusion of the two parties in malicious collusion, which first refers to the fact that the parties have a common purpose, that is, both parties to the collusion hope to damage the interests of the state, the collective or a third party by carrying out a certain act, and the common purpose can be manifested in the agreement reached by the parties in advance, or it can be an expression of intent by one party, and the other party or other parties clearly know the illegal purpose achieved by carrying out the act, and express their acceptance by implicitly. Second, the parties cooperate with each other or jointly commit the illegal act.

Malicious collusion refers to the act of deliberately deceiving a bona fide third party by the two parties to the contract for the purpose of transferring property and repentance. According to the laws of our country, civil juristic acts in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

Article 154 of the Civil Code provides that civil juristic acts in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others.