How can a contract be voided? What are the formalities required to annul a contract?

The void of a signed contract must be invalid.

According to the provisions of the Civil Code, there are any of the following circumstancesIt may be determined that the contract or part of the contract clause is invalid

1. A contract concluded by one party by means of fraud or coercion that harms the interests of the state;

Note: A contract concluded by one party by fraud or coercion is a contract with an untrue expression of intent, which is generally a contract that can be changed or revoked, and is only invalid if it damages the interests of the state.

2. Contracts that maliciously collude and damage the interests of the state, the collective or a third party;

3. Contracts that conceal illegal purposes in a legal form;

4. Contracts that harm the public interest;

5. Contracts that violate the mandatory provisions of laws and administrative regulations;

6. The terms of the contract that exempt the other party from liability for personal injury or property damage caused by intentional or gross negligence.

7. The clause that exempts the party providing the standard clause from liability, increases the liability of the other party, and excludes the main rights of the other party is invalid.

As for how to void a contract after it is signed, and what to pay attention to, I have the following:

If the second written contract signed and the first contract are agreed on the same thing, then there are two circumstances for the annulment of the first contract:

After the signing of the second contract, if there is any inconsistency between the two contracts, it shall be regarded as an amendment to the first contract, and the second written contract shall prevail, and the agreement in the previous contract shall be naturally invalid.

Another way is to agree that the previous contract is annulled, and a special clause is made in the second contract that expressly stipulates that the original contract will be annulled after the contract takes effect.

Legal analysis: the invalidation of the contract is also the termination of the contract, and there are three ways to terminate the contract, the termination by agreement, the statutory termination, and the termination by agreement. or re-enter into a declaration stating that the original contract shall be void in lieu of the original contract.

According to the provisions of the Contract Law, the parties agree in the form of a contract that one or both parties have the right to terminate the contract under certain conditions.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

Legal analysis: The invalidation of the contract means the termination of the contract, and the contract can be terminated if there is an agreed termination or statutory termination. Termination of a contract refers to the act of one or both parties to the contract terminating the validity of the contract in accordance with the law on the legal basis or the agreement of the parties.

There are two types of contract termination: agreed termination and statutory termination. The parties may terminate the contract by consensus. The parties may agree on the conditions under which one party may terminate the contract.

If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.

Legal basis: Article 563 of the Civil Code of the People's Republic of China The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal analysis: The following methods may be adopted for the invalidation of the contract: writing a statement on the invalidation of the contract, stipulating that the relevant terms of the original contract are annulled, and making appropriate arrangements for the unfulfilled and fulfilled contents of the contract after the annulment; or by the parties to sign a supplementary agreement to terminate the original contract.

Legal basis: Article 510 of the Civil Code of the People's Republic of China After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Legal analysis: The treatment of invalid contracts is that if they should be destroyed or destroyed in accordance with the transaction customs, the parties should perform the obligation to destroy or destroy; If it is not required or destroyed, it will be disposed of by the parties themselves. In the event of the termination of the contract, the parties generally still need to perform the obligations of notification, assistance, confidentiality, and old goods in accordance with the transaction customs.

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

Article 557:In any of the following circumstances, the creditor's rights and debts shall be terminated:

a) the debt has been fulfilled;

2) Debts are set off against each other;

3) the debtor deposits the subject matter in accordance with law;

4) Creditors forgive debts;

5) The creditor's rights and debts are attributed to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

Article 558:After the creditor's rights and debts are terminated, the parties shall follow the principles of good faith and perform obligations such as notification, assistance, confidentiality, and old goods in accordance with transaction customs.

Article 559 When the creditor's rights and debts are terminated, the subordinate rights of the creditor's rights shall be extinguished at the same time, unless otherwise provided by law or otherwise agreed by the parties.