Briefly describe the reasons why a contract can be voided, the characteristics of a voidable contrac

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1. Fraud. Fraud is the act of deliberately stating false facts or concealing the truth for the purpose of causing others to make a mistake and therefore express their intentions.

2. Coercion. Coercion is the threat of damage that will occur in the future or by means of direct inducement to cause damage in order to cause fear to the other party and thus conclude a contract.

3. Take advantage of people's danger. The so-called taking advantage of the danger of others refers to the perpetrator taking advantage of the dangerous situation or urgent need of others to force the other party to accept some obviously unfair conditions and make an expression of intent contrary to his true intentions. A contract that takes advantage of the danger of a person shall meet the following requirements:

1) One party takes advantage of the other party's danger or urgency to persecute the other party.

2) The victim entered into a contract out of distress or urgency.

3) The benefits obtained by the wrongdoer exceed the limits permitted by law.

4. Major misunderstandings. "Material misunderstanding" refers to the fact that when the actor expresses his intention, there is a significant defect in his understanding of the important matters involving the legal effect of the contract, and the consequence is that the actor suffers a relatively large loss, so that the purpose of the contract cannot be achieved at all.

5. Obviously unfair. Manifest unfairness refers to the obvious asymmetry of the rights and obligations of the two parties, causing one party to suffer a major disadvantage. Where one party takes advantage of its advantage or the other party has no experience, causing the rights and obligations of both parties to clearly violate the principle of equivalent compensation, it may be found to be obviously unfair.

1.Meaning of Voidable Contract:

A voidable contract refers to a contract that has been established through negotiation between the parties, but its validity can be extinguished upon request from a court or arbitration authority because the parties' expression of intent is not genuine. Once a contract is revoked, it is not legally binding ab initio. If the contract is revoked, it does not affect the validity of the independently existing clauses in the contract regarding dispute resolution methods.

2.Types of Voidable Contracts:

There are five types of voidable contracts under the Contract Law:

First, the contract was formed due to a material misunderstanding;

second, the contract is obviously unfair;

(3) a contract established by fraud;

fourth, contracts formed by coercion;

Fifth, a contract concluded by taking advantage of the danger of others.

The characteristics of a voidable contract are: whether the person with the right of rescission exercises the right of rescission to rescind the contract is freely decided by the person with the right of rescission; A voidable contract is a contract in which the expression of intent is not true; a party commits fraud; A voidable contract is valid until it is rescissed; Other features of the statutory provisions. The way to deal with it is to request the people's court or arbitration institution to revoke it.

Legal basis] Article 147 of the Civil Code.

The actor has the right to request that the people's court or arbitration institution revoke a civil juristic act based on a major misunderstanding.

Article 148.

Where one party uses fraudulent means to cause the other party to perform an act of guessing the law of civil law contrary to its true intentions, 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 withdraw the civil juristic act.

Article 151.

Where one party takes advantage of the other party's 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 the people's court or arbitration institution to revoke it.

The circumstances under which a voidable contract can be revoked are:

A contract of faith in God due to a major misunderstanding. Material misunderstanding refers to the fact that when the misinterpreter expresses his intent, there are significant deficiencies in his understanding of the important matters involving the legal effect of the contract, which causes the interests of the misinterpreter to suffer greater losses, or fails to achieve the purpose of the misunderstanding party in concluding the contract.

2.manifestly unfair at the time of the conclusion of the contract. Obvious unfairness refers to a civil act in which one party takes advantage of its advantage or takes advantage of the other party's inexperience, resulting in the rights and obligations of both parties clearly violating the principles of fairness and equivalent compensation.

3. Contracts concluded by means of fraud, coercion or taking advantage of the danger of others.

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

Article 148 of the Civil Code provides that if 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.

Analysis of the chain of law: The characteristics of a voidable contract are as follows:

1.A voidable contract is a contract in which the expression of intent is not true; A contract is the agreement of the parties' intentions, that is, agreement, which requires that the parties' expressions of intent be genuine. However, for some reason, the intention of the parties to the contract may be untrue.

2.It is up to the person with the right of revocation to exercise the right of revocation to rescind the contract or not.

3.A voidable contract shall be valid until it is revoked, and the contract shall not be deemed invalid because of the existence of revocable factors, and the parties shall perform their obligations in accordance with the contract.

The method of dealing with a voidable contract is that the parties apply to the people's court or arbitration institution for revocation.

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

Article 147:The perpetrator has the right to request that the people's court or the arbitration body that adjudicated the demolition of the stove revoke civil juristic acts carried out on the basis of a major misunderstanding.

Article 148: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 that the people's court or arbitration institution revoke it.

Article 533: After the contract is concluded, if there is a major change in the basic conditions of the contract that were not foreseen by the parties at the time of the conclusion of the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

The characteristics of a voidable contract are as follows:

1. A voidable contract is a contract in which the expression of intent is not true.

2. Whether the person with the right of revocation exercises the right of revocation to revoke the contract shall be freely decided by the person with the right of revocation of the Bureau.

3. A voidable contract shall be valid until it is revoked, and it shall not be deemed invalid because of the existence of revocable factors in the contract, and the parties shall perform their obligations in accordance with the provisions of the contract.

The method of dealing with a voidable contract is that the parties apply to the people's court or arbitration institution for revocation.

The law is based on the law].

According to Article 147 of the Civil Code, the actor has the right to request the people's court or arbitration institution to revoke a civil juristic act based on a material misunderstanding.

A voidable contract has the following legal characteristics:,1A voidable contract is a contract in which the expression of intent is not true; ,2.

It is up to the person with the right of revocation to exercise the right of revocation to rescind the contract or not. ,3.A voidable contract is valid until it is rescinded; ,4.Once a voidable contract has been revoked, the contract is void ab initio.

The exclusion period for the right of rescission of a contract is one year. The general party shall exercise the right of revocation within one year from the date on which it knows or should know the reasons for revocation. The party exercising the right of revocation due to a material misunderstanding shall exercise the right of revocation within 90 days from the date on which it knew or should have known the reasons for revocation.

If the party concerned is coerced, the right of revocation shall be exercised within one year from the date on which the coercive act is terminated. Where a party has known the reasons for revocation and has expressly expressed or demonstrated by its own conduct that it has waived the right of revocation, the right of revocation shall be extinguished. If the rescission of the contract is caused by the fault of one party, the at-fault party may be held liable for compensation.

Civil Code of the People's Republic of China, Article 157 [Legal Consequences of Civil Juristic Acts Being Invalid, Revocation, or Determined to Not Be Effective] After a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

Civil Code of the People's Republic of China

Article 147.

Where civil juristic acts are carried out on the basis of a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke it.

Civil Code of the People's Republic of China

Article 148.

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.

Civil Code of the People's Republic of China

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 about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Civil Code of the People's Republic of China

Article 150.

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

A voidable contract has the following three characteristics:

First, the voidable contract is not an expression of the true intention of the parties to the contract, which means that the contract is signed or the content of the contract does not conform to the personal wishes of the parties to the contract, and the parties may sign the contract for some reason, but not voluntarily, such as being forced to sign the contract due to coercion and fraud, due to a major misunderstanding or taking advantage of the danger of others, then the Kaishen contract can be revoked;

Second, whether the party to the contract who enjoys the right of revocation revokes the contract or not decides whether to revoke the contract is up to him, and does not necessarily have to revoke it, respecting his personal wishes, and if the party does not submit a request for the withdrawal of overseas Chinese, the law will not impose intervention;

Third, the contract is still valid until it is revoked, and the parties should still perform their contractual obligations. Only when the person with the right of revocation exercises the right of revocation does the contract be null and void ab initio without legal consequences.

Article 54 of the Contract Law.

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 is concluded due to a material 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 the parties request a change, the people's court or arbitration institution shall not revoke the harmony.

For example, the provisions of the contract, the other party did not perform the contract, and the arrears of wages of the labor contract department must be paid with five insurances and one-click rollover, which he has violated, so the contract can be revoked

A voidable contract is a contract in which only one party has fraud, material misunderstanding, force majeure and change of circumstances, and the voidable contract needs to be carried out through litigation procedures, and the revocable contract is valid until the revocation.