When is the standard contract invalid and when is the standard contract invalid

1. There are five circumstances stipulated in Article 1 of the Contract Law, namely: one party concludes a contract by fraudulent means, harming the interests of the state; One party enters into a contract by means of coercion to the detriment of the interests of the state; malicious collusion to harm the interests of the state, the collective or a third party; concealing illegal purposes in a lawful form; harming the public interest, violating the mandatory provisions of laws and administrative regulations. 2. There are two circumstances stipulated in Article 1 of the Contract Law, namely:

causing bodily injury to the other party; Intentionally or grossly negligently causing damage to the other party's property. 3. If the standard clause exempts, increases the liability and main obligation of the other party, or excludes the main rights of the other party, the standard clause is invalid.

The standard clause is invalid in the following cases:

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

2) Maliciously colluding to harm the interests of the state, the Liangyan collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) harming the public interest;

Violation of mandatory provisions of laws and administrative regulations;

6) Causing personal injury to the other party;

7) Intentionally or grossly negligently causing property damage to the other party's property, 8) The party providing the standard clause exempts its liability, increases the liability of the other party, and excludes the main rights of the other party.

Legal basis] Article 40 of the Contract Law, if the standard clause has 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 is invalid.

The following standard contracts are invalid: contracts in which the party providing the standard clauses unreasonably exempts or reduces its liability; Contracts that unreasonably increase the liability of the other party and limit the main rights of the other party; or a contract that excludes the main rights of the other party, etc.

[Legal basis].

Article 496 of the Civil Code.

A standard clause is a clause that is pre-drafted by the parties for reuse and not negotiated with the other party at the time of entering into a contract.

Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party to pay attention to the clauses that have a major interest in the other party, such as exempting or prudently reducing the liability of the person who is cautious, and explain the clause in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

Article 497.

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.

Legal Analysis:1causing personal injury to the other party; 2.

Intentionally or grossly negligently causing damage to the other party's property; 3.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; 4.The party providing the standard clauses excludes the main rights of the other party.

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

Article 497:In any of the following circumstances, the standard clause is invalid: (1) it has the 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: The following exemption clauses in the contract are invalid and hidden: (1) causing personal injury to the other party; (2) Intentionally or grossly negligently causing damage to the other party's property.

Legal analysis: The standard clause is invalid under the following circumstances: 1. The subject of the contract does not laugh and has the corresponding civil capacity; 2. The contract is illegal and contrary to public order and good customs; 3. The party providing the standard clauses unreasonably exempts or reduces its liability; 4. Unreasonably increasing the responsibilities of the other party, excluding or restricting the main rights of the other party.

Legal basis: Article 497 of the Civil Code of the People's Republic of China In any of the following circumstances, the standard clause is 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 right of the other party to make a judgment;

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