-
If it can be proved that the other party was in danger at that time, it may apply to the court for revocation, and the court shall decide whether to revoke it.
If the above circumstances cannot be proven, it cannot be revoked.
-
The contract may be revoked if the following conditions are met.
The scope of a voidable contract should be limited to the following three main aspects of a contract with an untrue expression of intent.
1) Contracts concluded due to material misunderstandings. The so-called "major misunderstanding" refers to where the actor has a wrong understanding of the nature of the act, the other party, the variety, quality, specification, quantity, and so forth of the conduct, causing the consequences of the conduct to be contrary to their true intentions and causing relatively large losses, it may be found to be a major misunderstanding.
2) It is obviously unfair at the time of entering into a contract According to China's judicial interpretation, obvious unfairness refers to a civil act in which one party takes advantage of its 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.
3) A contract concluded by means of fraud or coercion or taking advantage of the danger of another person A contract concluded under the circumstances of fraud or coercion obviously violates the principle of voluntariness of China's civil law: a contract signed by one party claiming that the other party is in danger and forcing the other party to make an untrue expression of intent in order to seek improper benefits, which seriously damages the interests of the other party, is used to take advantage of the danger of others.
-
According to Article 54 of the Contract Law, 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 was concluded due to a major misunderstanding;
2) It is obviously unfair at the time of the conclusion of the contract.
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.
In the case of a contract, the injured party has the right to request the people's court or arbitration institution to modify or revoke the contract.
Where a party requests a modification, the people's court or arbitration institution must not revoke it.
Article 55: In any of the following circumstances, the right of revocation shall be extinguished:
1) The party with the right of revocation has not exercised it within one year from the date on which he knew or should have known the reasons for revocation.
the right of withdrawal; 2) The party with the right of revocation clearly expresses or waives the revocation by his own conduct after knowing the reasons for revocation. Right.
-
Did the other party lend you money? Because the loan contract is a practical contract, in addition to the loan contract, the performance of the contract is also very important, including the determination of the loan amount is confirmed according to the actual situation, and some courts need the other party to issue the corresponding payment voucher. As for the revocation, there are already netizens, so I won't go into detail here, but it needs to be added that you need to bear the burden of proving the reason for the revocation, that is, you have to prove that you are drunk and not your true intention.
-
Unless you can prove that you were deceived and coerced, no.
Zongheng Legal Network-Shanghai Kaiman Law Firm-Zhou Xuefeng lawyer.
-
No, Zongheng Legal Network-Beijing Huicheng Law Firm Shanghai Branch-Yang Xiaohua lawyer.
-
Has the other party already lent you money?
The latest revision of the Electronic Signature Law was made on April 23, 2019. >>>More
Clauses in an employment contract: Article 17 of the Labor Contract Law stipulates that an employment contract shall have the following clauses: >>>More
Contract Law of the People's Republic of China
Article 52 The contract shall be invalid under any of the following circumstances: >>>More
First of all, you must refer to the provisions of the Contract Law to see whether the so-called contract has all the necessary clauses for your injury, if not, the contract is not established at all, and you will not be bound by this. The Labor Contract Law stipulates that an employment contract must have the following clauses: the name and address of the employer, the ID card of the legal representative or the main person in charge; The worker's name, address, and resident ID card or other valid identification number; the duration of the employment contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; Social insurance; protection against labor conditions, working conditions and occupational hazards; Other. >>>More
Of course! Labor cases can be handled by themselves, no need to hire a lawyer to win the lawsuit, labor arbitration is completely free, I am a full-time labor arbitrator, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! >>>More