12 situations in which a contract is invalid in the Civil Code

Updated on society 2024-06-19
2 answers
  1. Anonymous users2024-02-12

    The circumstances of an invalid contract are as follows:

    1. Violation of the content of the contractLaws and Regulationsviolates social public order and good customs;

    2. The actor maliciously colludes with others, harming the legitimate interests of the counterpart;

    3. One party concludes a contract by means of fraud or coercion, which damages the interests of the state;

    4. Concealing illegal purposes in a legal form;

    5. Intentionally or grossly negligently causing property losses to the other party;

    6. The lease term shall not exceed 20 years, and if it exceeds 20 years, the excess part shall be invalid.

    Legal basisArticle 506 of the Civil Code of the People's Republic of China.

    The following disclaimers in the contract are null and void:

    1) Causing personal injury to the other party;

    2) Intentionally or grossly negligently causing damage to the other party's property. Article 507.

    If the contract is not effective, invalid, revoked or terminated, it shall not affect the validity of the provisions of the contract on dispute resolution methods.

    Which contracts are valid.

    1. The parties to the contract have the corresponding capacity for civil conduct;

    2. The intention of the parties to the contract is true;

    3. The contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

    Is the contract invalid?

    1. An invalid contract or a revoked contract is not legally binding from the beginning. If part of the contract is invalid and does not affect the validity of the other parts, the other parts are still valid;

    2. If the contract is invalid, revoked or terminated, it shall not affect the validity of the independent clauses in the contract on dispute resolution methods;

    3. After the contract is invalid or revoked, the property obtained as a result of the contract 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, and if both parties are at fault, they shall each bear the corresponding responsibility;

    4. Where the parties maliciously collude to harm the interests of the state, the collective, or a third party, the property thus obtained shall be returned to the state or returned to the collective or a third party.

  2. Anonymous users2024-02-11

    1. The civil juristic act carried out by a person without civil capacity is invalid;

    It should be noted that all civil juristic acts carried out by persons without civil capacity are invalid, with no exceptions;

    2. The conspiracy to falsely represent the invalidity of the act;

    3. Violations of the mandatory provisions on the validity of laws and administrative regulations are invalid;

    4. Civil juristic acts that violate public order and good customs are invalid;

    The so-called public order and good customs refer to public order and good customs, that is, the social and public interests stipulated in Article 52, Paragraph 4 of the Contract Law. Where civil juristic acts that violate public order and good customs, such as gambling debts or solicitations, the law gives them a negative evaluation and finds the conduct invalid. Political order, financial order, etc., which involves the public interest of an unspecified majority, also belong to the category of public order;

    5. Malicious collusion to harm the interests of others is invalid.

Related questions
6 answers2024-06-19

Stick to the half-slope.

With the mother sitting under the eaves. >>>More

5 answers2024-06-19

Legal division Qin Yu Xunxi: The full name of this is the "Civil Code of the People's Republic of China". It is a basic law, known as the "encyclopedia of social life", the first law named after the code in New China, which occupies a fundamental position in the legal system and is also the basic law of the market economy. >>>More

6 answers2024-06-19

This paper briefly describes the connection and difference between the basic principles of civil law embodied in the German Civil Code of 1900 and the French Civil Code of 1804. The German Civil Code implements the basic principles of bourgeois civil law and is generally the same as the French Civil Code, such as unlimited ownership of private property; freedom of contract; negligence liability, etc., but because they are in different historical periods and different countries, there are still several differences: (1) the German Civil Code provides for some restrictions while maintaining private ownership; (2) With regard to the principle of freedom of contract, the German Civil Code only recognizes the external effect of an expression of intent, and in the event of a discrepancy between the original intention of the parties and the intention expressed, the expressed intention shall prevail; The French Civil Code focuses on protecting the original intention of the parties, rather than the external expression of the intention; (3) The principle of attribution of tort in the German Civil Code has its own characteristics and provides for the "principle of proof".

12 answers2024-06-19

The Civil Code, especially the provisions on marriage, has made significant changes to make divorce more difficult. This will directly lead to a significant reduction in the marriage rate, because now the rights and interests of not getting married will not be affected at all, and the children born if they do not get married will not be affected. So what reason is there to get married? >>>More

31 answers2024-06-19

The nephew who didn't fulfill his obligations and didn't even call the book, the Civil Code let them inherit the inheritance because of their kinship, in fact, the uncle can make a will, and it is his own freedom to give his property to whom.