What are the five situations in which an agreement is invalid?

A contract is void in any of the following cases:

(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.

Relevant Legal Basis

Civil Code of the People's Republic of China

Article 144: [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 146:[Effect of False Representation and Concealment]Civil juristic acts carried out by the actor and 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 148:[Effect of Civil Juristic Acts Carried Out by Fraudulent Means]Where one party uses fraudulent means to cause the other party to carry out civil juristic acts contrary to their true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke them.

Article 153: [Effect of Civil Juristic Acts Violating Mandatory Provisions and Public Order and Good Customs] 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:[Malicious Collusion] Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

The contract is the true expression of the intention of both parties, the conclusion of the contract is based on the willingness of both parties, and the parties to the contract shall follow the principle of good faith.

A contract is void in any of the following cases:

(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.

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.

If 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, the injured party has the right to request the people's court or arbitration institution to modify or revoke it. Where a party requests a modification, the people's court or arbitration institution must not revoke it.

Legal basis: 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.

2. Which institutions have the right to confirm the invalidity of the contract.

The body that confirms the invalidity of the contract is statutory. The confirmation of the validity of a contract is related to whether the purpose of the parties to the contract can be realized and whether the legitimate rights and interests of the parties can be protected. At the same time, the confirmation of the validity of the contract is also related to the important issue of whether the transaction can be carried out normally and the stability of the social and economic order.

Therefore, a cautious attitude should be taken towards the confirmation of invalid contracts. Therefore, the law stipulates that the confirmation of invalid contracts belongs to the people's courts and arbitration institutions, and no other organization or individual has this right.

In the above, we have introduced in detail the five statutory circumstances under which a contract is invalid, and I hope it can provide you with some help. The confirmation of the validity of a contract is generally carried out by the people's courts and arbitration institutions.

1. Five circumstances in which the agreement is invalid.

1. The five circumstances in which an agreement is invalid are as follows:

1) Persons with no capacity for civil conduct on both sides of the agreement;

2) the intention of the parties to the agreement is not true;

3) The content of the agreement violates the mandatory provisions of the anti-laws and administrative regulations of the Fighting God Clan;

4) The parties to the agreement violate public order and good customs;

5) The parties to the agreement maliciously collude to damage the legitimate rights and interests of others.

2. Legal basis:

Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

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

2. Empty disadvantages) means true;

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

Article 502 of the Civil Code of the People's Republic of China.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

2. What are the conditions for a valid agreement?

A valid agreement requires the following:

1. The parties conclude a contract and adopt the form of offer and acceptance;

2. The contract is formed when the commitment takes effect;

3. A contract established in accordance with the law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions;

4. The parties have the corresponding capacity for civil conduct;

5. The intention of the parties is truly blind;

6. The parties do not violate the law or the public interest.

1.The agreement involving the division of property is conditional on a divorce by agreement, and the parties' choice of divorce by litigation renders the loyalty agreement invalid.

That is to say, only in the case of a divorce by agreement, the division of property in the "loyalty agreement" is valid, if the divorce by agreement cannot be agreed, and the divorce must be divorced by means of litigation, the loyalty agreement is invalid, and all parties need to do is to provide all the evidence in their favor, and all judgments will be handed over to the court for judgment.

2.The content of the "allegiance agreement" is inherently illegal or immoral.

The content of the agreement should be reasonable and legal, and the distribution of property should also be within a reasonable range.

For example, the agreement stipulates that the man guarantees that he will not have any contact with his ex-girlfriend, otherwise he will sign an IOU of 100,000 yuan for the woman.

The content of such an agreement is unreasonable and legal.

First of all, "any connection" is unreasonable and highly subjective.

Secondly, the method of dividing the property of Lu Shiwang when the IOU was signed was illegal, and the IOU (the loan relationship did not really exist) was not signed under the condition of genuine voluntariness.

Legal analysis: The five circumstances under which an agreement is invalid are as follows: 1. The parties to the agreement have no capacity for civil conduct; 2) the intention of the parties to the agreement is not true; 3. The content of the agreement violates the mandatory provisions of laws and administrative regulations; 4. Violating public order and good customs; 5) The parties to the agreement maliciously collude to damage the legitimate rights and interests of others.

Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor 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.

The five scenarios in which an agreement may be invalid are as follows:

1) Persons with no capacity for civil conduct on both sides of the agreement;

2) the intention of the parties to the agreement is not true;

3. The content of the agreement violates the mandatory provisions of laws and administrative regulations;

4. Violating public order and good customs;

5) The parties to the agreement maliciously collude to damage the legitimate rights and interests of others. Legal consequences of the invalidity of the agreement.

After the contract is confirmed to be invalid, if it has not been performed, it shall not be performed, and if it is being performed, the performance shall be terminated immediately.

1. Do not deal with those without consequences.

For example, if the contract is confirmed to be invalid before the performance of the contract, the consequences have not been caused at this time, and it may not be dealt with.

2. Return of property between the parties.

The ways in which property is returned can be divided into:

1) If the contract has been partially or fully performed before it is confirmed to be invalid, and there is no obvious damage to the national and social public interests, the property shall generally be returned. If the original item no longer exists at the time of return or there is no need to return the original, compensation shall be made at a discount.

2) If the party at fault has caused losses to the other party, it shall compensate the other party for the losses suffered thereby, and if both parties are at fault, each shall bear the corresponding responsibility.

3) If the third party at fault causes losses to the parties, it shall bear the corresponding responsibility.

3. Confiscation of Illegal Property to the State Where the parties maliciously collude to harm the interests of the state, the collective, or a third party, the property thus acquired shall be returned to the state, or returned to the collective or a third party. If both parties are willful, neither party has the right to demand the return of the property, and the property which has been paid by the two parties to the other or agreed to pay to the other but has not yet been paid to the other party shall be confiscated and turned into the state treasury; or impose a fine in accordance with the relevant regulations; where the circumstances are serious and constitute a crime, it shall be transferred to the judicial organs for investigation of criminal responsibility in accordance with law.

Among the five circumstances in which an agreement is invalid include malicious collusion with others to sign a contract, disguised as a legitimate contract for illegal purposes, fraud, coercion, and damage to the interests of the state, collective, or individual, etc., the agreements and contracts signed in these circumstances are invalid, and the invalid contract is without the obligation to perform. The above is the relevant content summarized by the lawyer for everyone, if you still have relevant legal advice or other matters do not understand, you can also call ** lawyer to answer, I hope to help you.

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 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid:

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

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.