What are the voidable contracts, and what are the voidable contracts

What are the voidable contracts?

Legal Analysis: The circumstances under which a contract can be revoked are: a material misunderstanding occurs at the time of conclusion of the contract; Fraudulently entering into a contract with another person; coercing others to conclude a contract; taking advantage of the danger of others to conclude a contract with others; The content of the contract concluded is obviously unfair.

Legal basis: Article 147 of the Civil Code of the People's Republic of China: The perpetrator has the right to request the people's court or arbitration institution to revoke the legal act of Minxiang Foundation based on a major misunderstanding.

Article 114 and Article 18: 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.

Article 149: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 150: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request the people's court or arbitration institution to revoke it.

Article 151: Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request that the people's court or arbitration institution revoke it.

The elements of a voidable contract are:

Legal basis: Article 147 of the Civil Code: Where a civil juristic act is based on a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke it.

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.

Article 149 of the Civil Code: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 150 of the Civil Code: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request the people's court or arbitration institution to revoke it.

Article 151 of the Civil Code: Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request that the People's Court of the People's Court or arbitration institution revoke it.

Voidable contracts include the following:

1. Contracts concluded due to material misunderstandings. Major misunderstanding refers to the actor's misconception of the nature of the act, the other party, the variety, quality, specification, and quantity of the subject matter, etc., which makes the consequences of the act contrary to his own intentions and causes relatively large losses;

2. Contracts concluded due to manifest unfairness. manifest unfairness, which refers to a contract entered into by a party under circumstances of urgency or inexperience if the performance of the contract is materially unfavorable to it;

3. Contracts concluded due to deception. Fraud refers to the act of one party deliberately informing the other party of false information, or deliberately concealing false information, inducing the other party to make a false expression of intent;

4. Contracts concluded under duress. Coercion refers to the act of expressing untrue intentions due to the threat and coercion of others and falling into fear;

5. Contracts concluded due to the danger of others. Taking advantage of the danger of others refers to the actor taking advantage of the other party's urgent needs or precarious situation to force him to make an expression of intent to accept very unfavorable conditions contrary to his original intention.

The contract arises in response to the objective requirements of the commodity economy of private ownership, and is the legal expression of commodity exchange. After the production of commodities, in order to ensure the safety and credibility of exchange, people gradually formed many habits and rituals about exchange in the long-term practice of pre-exchange finger exchange.

Legal basis

Civil Code of the People's Republic of China

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form.

Mortgage contracts generally include the following clauses:

1) the type and amount of the secured claim;

2) the time limit for the debtor to perform the debt;

3) The name and quantity of the mortgaged property;

4) The scope of the guarantee bridge's remorse. Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The circumstances under which a contract can be revoked include: a material misunderstanding occurred at the time of conclusion of the contract; Entering into a contract with another person in a fraudulent manner; Xinyuanhe coerced others to conclude a contract; taking advantage of the danger of others to conclude a contract with others; The content of the contract concluded is obviously unfair.

1. Contracts concluded due to material misunderstandings.

2. A contract that is obviously unfair at the time of entering into a contract;

3. Contracts concluded by fraudsters;

4. Contracts entered into by coercion of others;

5. A contract concluded while others are in danger.

What are the steps in the formation of a contract.

The steps in the conclusion of the contract are:

1. One of the parties makes an offer to conclude a contract;

2. The offeree undertakes to agree to conclude the contract;

3. Negotiate the terms of the contract between the parties;

4. The contract shall be established after the signature and seal of all parties.

The parties may conclude a contract in written, oral or other forms, and the written form is a form in which the contents of the contract, such as a letter, telegram, telex, fax, etc., can be tangibly expressed.

Legal basisArticle 490 of the Civil Code of the People's Republic of China.

If the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.