Can a contract that has not been performed be considered invalid?

The failure of one party to the contract to perform is not an invalid contract, and certain conditions must be met to constitute an invalid contract.

Article 144 of the Civil Code of the People's Republic of China [Effect of Civil Juristic Acts Carried Out by Persons Without Civil Capacity] Civil juristic acts carried out by persons without civil capacity are invalid.

Article 154:[Effectiveness of Civil Juristic Acts of Malicious Collusion]Civil juristic acts in which the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Article 155:[Civil juristic acts that are invalid or revoked are invalid ab initio]Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Under what circumstances the contract will be invalid

1. The contract with disputed ownership of the sale and purchase right is invalid

The person should have absolute ownership of the house without any defects, because the ownership of the house in dispute has not yet been determined, and the person does not necessarily have absolute ownership, and the house sale contract signed by him is naturally invalid.

2. The content, form and conclusion procedure of the contract are invalid

Contracts concluded by engaging in illegal business activities, or contracts that are required by law to be approved before they can take effect but have not been approved are all contracts that do not comply with laws and regulations, and the performance of such contracts will harm the public interest, so they will be found to be invalid.

3. The contract is invalid if the parties are not legally qualified

If the contract is entered into by an incapacitated person or a natural person with limited capacity without the consent of his or her legal person; Contracts without the right to ** that have not been recognized; Contracts concluded in the name of a legal person without legal personality are deemed invalid.

4. A contract in which the parties' intentions are untrue and thus damage the interests of the state, the collective, a third party or the public interest is invalid

According to the regulations, contracts that go against the true will of one of the parties, including fraudulent contracts and coercive contracts, will be deemed invalid. Moreover, contracts in which the parties make false representations of intent, including contracts in which the parties maliciously collude to harm the interests of the state, the collective, or a third party, and contracts that are disguised (in a lawful form to conceal an illegal purpose) are also invalid.

Non-performance of a contract and an invalid contract are not a concept. The reasons for invalidity include: fraudulent coercion and coercion, which is detrimental to national interests; malicious collusion; concealing illegal purposes in a lawful form; harming the public interest; Violation of special provisions of laws and regulations; deviates from the fundamental purpose of the law, etc.

If you want to change the validity of an unfulfilled contract, it can be terminated.

Not necessarily, it may be a breach of contract by one party, resulting in non-performance of the contract.

Looking at the performance time, if it is still within the performance time, it is not considered an invalid contract.

Legal Analysis: A contract that cannot be performed is not an invalid contract. An invalid contract must meet the invalidity circumstances stipulated in the Civil Code, that is, a contract that is invalid if it is a false expression of intent, malicious collusion, damage to the legitimate rights and interests of others, violates the mandatory provisions of laws and regulations, and violates public order and good customs.

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

Article 100: Civil juristic acts carried out by banquet hall actors and counterparts with false expressions of intent are invalid.

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 legal acts of concealment where the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Failure to perform a contract is not necessarily void. Chinese law stipulates that the invalidity of a contract is a year bend

1) One party concludes a hand-brother contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion to harm the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

Legal basis: Article 148 of the Civil Code: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Legal analysis: According to the laws of our country, whether a contract that cannot be performed is invalid depends on the specific circumstances. If it cannot be performed due to unenforceable force, it may be exempted from liability.

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

Article 143:Civil juristic acts that meet the following requirements are valid:

1) The perpetrator has the corresponding capacity to act in civil affairs;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 590:Where one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. If Natong is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to reduce the losses that may be caused to the other party, and shall provide proof within a reasonable period of time.

If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.

Failure to perform a contract is not necessarily an invalid contract. Invalid contracts include: contracts concluded with false representations of intent; Breach of contract under the law; Contracts that are contrary to public order and morals, etc. If the parties are unable to perform the contract, they may terminate the contract.

[Legal basis].

Article 146 of the Civil Code of the People's Republic of China.

Civil juristic acts carried out earlier or by a person and the counterpart with a false expression of intent are invalid.

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

Article 563.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

If the contract cannot be performed, the contract will be invalid. The circumstances under which a contract is invalid under the laws of our country are:

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) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating the mandatory provisions of laws and administrative regulations.

Legal Analysis: Failure to perform a contract is not necessarily invalid. The circumstances under which a contract is invalid under Chinese law are:

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) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

Legal basis: Article 148 of the Civil Code of the People's Republic of China: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

A contract that cannot be performed is not necessarily an invalid contract. Generally speaking, a contract is invalid if it has one 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 to damage the interests of the state, the collective or a third party;

3. Concealing illegal purposes in a lawful form;

4. Harming the public interest;

5. Violating the mandatory provisions of laws and administrative regulations.

According to Article 144 of the Civil Code, civil juristic acts carried out by persons without civil capacity are invalid.

Article 146 provides that 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 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154 stipulates that civil juristic acts in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

1. How to determine the invalidity of the house sale contract.

If one of the following circumstances is present, it can generally be determined that the house sale contract is invalid:

1. The party who signs the contract is a person with no capacity for civil conduct;

2. The content of the contract violates the mandatory provisions of the law;

3. The parties signed the contract after malicious collusion, and caused damage to the legitimate rights and interests of others.

According to the provisions of Article 143 of the Civil Code, civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 154 stipulates that civil juristic acts in which the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

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.

Civil juristic acts that are contrary to public order and good customs are invalid. Acorn.

Article 154.

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

Legal Analysis: A contract that cannot be performed is not invalid. The failure to perform the contract does not mean that the contract is necessarily invalid, and whether it is invalid depends on the reason for the failure to perform the contract. If one of the parties enters into a contract knowing that it cannot be performed at the time of conclusion of the contract, the contract is considered to be fraudulent and the contract is invalid.

Legal basis: Article 148 of the Civil Code of the People's Republic of China does not mean that the contract must be invalid, and whether it is invalid depends on the reasons for the failure to perform the contract. If one of the parties signs the contract knowing that the contract cannot be performed at the time of signing the contract, the contract is invalid on the grounds of fraud.