What are the invalid disclaimers? What are the disclaimers that are invalid

The circumstances under which the contractual disclaimer clause is invalid are:

1. Obviously unfair and invalid.

Article 40 of the Contract Law of the People's Republic of China stipulates that if a standard clause falls under the circumstances specified in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts its liability, increases the liability of the other party, or excludes the main rights of the other party, the clause shall be invalid.

2. The exemption clause concluded in various ways and means is invalid if it damages the interests of the state, the collective or a third party.

If one party uses fraud, coercion, malicious collusion or lawful form to conceal an illegal purpose, and enters into an exemption clause in the contract, which harms the interests of the state, the collective or a third party, it shall be invalid.

3. The exemption clause of the standard contract is invalid if it fails to remind the other party of its attention and detailed explanation.

4. The clause that causes personal injury to the other party is invalid.

5. The exemption clause for property damage caused by intentional or gross negligence is invalid.

Article 53 of the Contract Law stipulates that liability for property damage caused by intentional or gross negligence cannot be exempted by prior agreement. This provision governs the validity of the exemption clause by the degree of fault.

1. What are the invalid disclaimers?

The law takes different approaches to the validity of the exemption clause depending on the circumstances. In judicial practice, the law also prohibits exemption clauses that clearly violate the principle of good faith and harm the public interest, otherwise Qi Kong's actions will not only cause abuse of the exemption clauses, but also damage the interests of one party, and are not conducive to the protection of normal contract transactions. To this end, Article 506 of the Civil Code provides for the invalidity of the exemption clause:

The following disclaimers in the contract are null and void:

1. Causing personal injury to the other party;

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

The reason why these two exemption clauses are invalid is that they not only violate the principle of good faith, but also infringe upon and damage the personal rights and legitimate rights and interests of the other party, so they must be resolutely prohibited.

2. Form of Disclaimer Clause.

In practice, such exemptions often appear in the following four forms:

1. All liability is exempted. That is, the parties have agreed in advance that the future victim waives any claim for compensation from the party that should be held liable in the future. This type of exemption clause is most prevalent in employment contracts.

2. Limitation of Liability. That is, the parties have agreed in advance that the compensation for personal injury in the future shall be calculated in the form of a specific party's deficiency or shall not exceed a certain amount of limited compensation. Such clauses are often found in current medical contracts.

3. Clauses that limit the duration of the request. That is, it is agreed in advance that the future victim must file a claim for compensation for personal injury within a certain period of time, and no longer has the right to claim compensation after the time limit. This kind of exemption clause does not take the appearance of direct exemption from liability, but restricts the right of the parties to make a claim by limiting the time limit of the claim, so as to evade the regulation of the law.

4. Establish a fixed compensation amount or model. That is, it is agreed in advance that in the event of personal injury liability, the responsible party shall compensate with a fixed amount, and the insufficient part shall be exempted or compensated in a fixed mode, rather than in accordance with the relevant laws and regulations.

3. Characteristics of the Disclaimer Clause.

1. The disclaimer clause is conventional. An exemption clause is an integral part of a contract agreed upon by both parties. This is different from the exemption from liability when force majeure is impossible or incomplete due to force majeure under the law.

The parties may, in accordance with the principle of autonomy of will, stipulate in the contract the content or scope of the exemption.

2. The exemption clause must be made in an express way, and any exemption made by implication is invalid.

3. The exemption clause in the contract is exempt. The purpose of the exemption clause is to exclude or limit the future civil liability of the parties.

Legal analysis: The exemption clause is invalid if one of the following conditions is met: 1. It is invalid if it is obviously unfair; 2. The clause of exemption from liability concluded in various ways and means is invalid and harms the interests of the state, the collective or a third party; 3. The exemption clause of the standard contract is invalid if it fails to remind the other party to pay attention to and explain in detail; 4. The clause that causes personal injury to the other party is invalid. Wait a minute.

Legal basis: Article 506 of the Civil Code of the People's Republic of China 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.

Disclaimer Rendered Invalid: Disclaimer Manifestly Unfair is invalid; The invalidity of the exemption clause concluded in various ways and means that damages the interests of the state, the collective or a third party; The clause that causes bodily injury to the other party is invalid, etc. The exemption clause in the contract refers to the clause agreed by the two parties in the contract to exempt or limit the future liability of one or both parties.

[Legal basis].Article 506 of the Civil Code.

The following exclusionary 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.

Article 507.

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

Legal analysis: The exemption clause is invalid if one of the following conditions is met: 1. It is invalid if it is obviously unfair; 2. The exemption clause concluded in various ways and means is invalid if it damages the interests of the state, the collective or a third party. 3. The exemption clause of the Bonaique-format contract is invalid if it fails to remind the other party to pay attention to and explain in detail; 4. The clause that caused personal injury to the other party is invalid; Wait a minute.

Legal basis: Article 506 of the Civil Code of the People's Republic of China 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. Mu Tong.

1. The exemption clause that causes personal injury to the other party is invalid and cracked;

2. The exemption clause that violates public order and good customs is invalid;

3. The exemption clause for the property damage of the other party caused by intentional or gross negligence is invalid;

4. Other invalid circumstances stipulated by law.

1. Is the exemption clause in the contract valid?

The exemption clause agreed in the contract is valid as long as it does not violate the principles of fairness and legality. According to the latest provisions of the Civil Code, an exemption clause refers to a clause agreed by the parties to exempt them from future contractual liabilities. The agreed exemption clause shall follow the principle of fairness and cause personal injury to the other party; The exemption clause for damage to the other party's property caused by intentional or gross negligence is invalid.

2. Whether the exemption clause in the contract stipulated in the Civil Code is valid.

The Civil Code stipulates that the exemption clause in the contract is not legally invalid and is valid if it meets the statutory conditions for validity. The statutory invalidity circumstances include: exemption from liability for personal injury caused to the other party; Exemption from liability for property damage caused by intentional or gross negligence.

The statutory conditions for validity are: the parties have the corresponding capacity for civil conduct; The parties' intentions are genuine; The exemption clause contains the provisions of the bureau, which does not violate the mandatory provisions of laws and administrative regulations; Other statutory conditions, etc.

3. The Civil Code provides for seven types of invalid contracts.

The statutory circumstances under which a contract may be invalid are:

1. The subject is not qualified to sign a contract. That is, for example, a civil juristic act performed by a person who lacks capacity for civil conduct is invalid.

2. The intention is not true to sign the contract. For example, a civil juristic act carried out by the actor and the counterpart with a false expression of intent is invalid.

3. Sign contracts that violate laws and regulations. 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.

4. A contract that violates public order and good customs, that is, a civil juristic act that violates public order and good customs is invalid.

5. Malicious collusion in contracts that harm the interests of others. That is, civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid.

7. Circumstances in which the disclaimer clause is invalid. 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.