The Civil Code stipulates what are the five circumstances under which a contract is invalid

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

    The Civil Code stipulates that the five circumstances under which a contract is invalid are: the contract signed by a person without civil capacity is invalid; Contracts concluded with false representations of intent are invalid; Contracts signed in violation of the mandatory provisions of laws and administrative regulations are invalid; Contracts signed against public order and good morals are invalid; 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 144 of the Civil Code.

    Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

    Article 146.

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

    The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

    Article 153.

    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.

    Article 154.

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

  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.

  3. Anonymous users2024-02-10

    Legal analysis: The contract is the true expression of the intention of both parties, and the conclusion of the contract is based on the voluntary foundation of both parties, and the parties to the contract should follow the principle of good faith.

    The Civil Code stipulates that a contract file is invalid under any of the following circumstances:

    1. The subject is not qualified to sign a contract.

    2. The intention is not true to sign the contract.

    3. Sign contracts that violate laws and regulations.

    4. Contracts that violate public order and good customs.

    5. Malicious collusion in contracts that harm the interests of others.

    6. Circumstances in which the standard clause is invalid: the party providing the standard clause unreasonably exempts or reduces its liability, increases the liability of the other party, and restricts the main rights of the other party; The party providing the standard clauses excludes the main rights of the other party.

    7. Circumstances in which the exemption clause is invalid: causing personal injury to the other party; Intentionally or grossly negligently causing damage to the other party's property.

    Legal basis: Article 144 of the Civil Code Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

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

    Article 153 of the Civil Code: 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 law acts that are contrary to public order and good customs are invalid.

    Article 154 of the Civil Code: Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

    Article 497 of the Civil Code In any of the following circumstances, the standard clause shall be invalid:

    1) It has the invalid circumstances provided for in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;

    2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;

    3) The party providing the standard clauses excludes the main rights of the other party.

    Article 506 of the Civil Code 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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