Trade in day-to-day business in, countersign of buyers and sellers concludes business contract, because some contracts meet those who involve high specified number to trade, illegal element means exploit an advantage, undertake in business contract con, in order to get illegal benefit. If be among business contract,just undertake con, how should other one party do? By what can be the fraudulent action in business contract punished? The lawyer speaks the 81st period invite Beijing to be filled with division (Yinchuan) Liu Qing of vice director of department of attorney office intellectual property's lawyer solves relevant law problem for you. Let us read the conversational content of Liu Qing's lawyer together next:
The lawyer speaks the 81st period: Is Liu Qing's lawyer solved -- how to encounter business contract to do false?One, what does the fraudulent means of business contract have?
Liu Qing's lawyer answers:
The fraudulent means of business contract, have normally:
(One) sham contract main body undertakes con;
(2) use be undertaken by con square psychology con;
(3) forge, the content; of falsification or dummy mark
(4) the ambiguous sex that uses contract provision, different meanings sex, undertake imperfectly con.
2, how to hold fraudulent action?
Liu Qing's lawyer answers:
The cognizance of fraudulent action, need accords with following condition:
(Party of 1) con one party has con intended. Just knowing perfectly well the circumstance that tells each other false namely is false, and meet make sink of the opposing party wrong and still do it. Con include con person intentionally to have the objective that makes he acquires an interest accordingly already, also include to make because this acquires an interest and the 3rd person makes the the opposing party gets loss.
(2) should have the action of con other one party. Alleged and fraudulent action, it is to point to just express its intentionally false false at external behavior, fraudulent action can be positive action already, also can be inactive behavior. Fraudulent action can be divided in practice what state false fact intentionally is con and what conceal true condition intentionally to make other is immersed in a mistake is con. Inform false circumstance intentionally to be stated phonily namely, if say inferior goods,become classy tasting; to conceal true condition intentionally is to show behavior person is beholden inform some kind of true condition according to the facts to other places and do not inform intentionally.
(3) suffers because get con result,just signing a contract false is. Make other sink wrong when fraudulent action only, and other is in as a result of this mistake violated its to the circumstance of real intention falls and sign a contract to it, ability is formed get con contract.
3, what is con legal consequence?
Liu Qing's lawyer answers:
(One) the fruit business contract is con criminal consequence after the criminal with business con contract basically has crime of contract crime of fraud and imitated archives, certificate, seal.
(2) the business contract that the civil consequence with business con contract concludes as a result of fraudulent action belongs to invalid contract, according to our country " civil code general rule " concerned regulation, con person agree carries following civil consequence:
① is returned return property. The belongings of con to having business contract with the form such as false identity earning, con person is had return return by the obligation of con person.
② recoups a loss. Because con person is obtained false by con person belongings, it is behavior of a kind of tort. Con person is right because its are con,behavior gives should be given compensate for by the loss that just causes false. Compensatory limits should include immediate loss and indirect loss.
③ continues to fulfill. To the fraudulent action that appears in performing a procedure, if pretend to be the behavior of high grade product with inferior product, con person is not had
④ pays penalty due to breach of contract. To be in the contract has held water and the circumstance of become effective falls, happen in the contract to fulfill level false, criterion by just can ask to just pay penalty due to breach of contract false false, include what the contract agrees to have chastening penalty due to breach of contract, do not be opposite with going up whether objectively by just cause a loss to be a basis false.
⑤ confiscates property. Already formed those who cheat a blame to fraudulent action, can confiscate its to had been obtained or the property that the agreement acquires or propagate cease.
(3) the administrative consequence situation that fraudulent to business contract action creates the administrative consequence with business con contract is as follows roughly:
① is con to implementing business contract the administrative legal person of behavior, can investigate the administrative duty of main controller or legal representative.
The business contract that ② implements to legal person of legal entity, career is con behavior, department of industrial and commercial administration can be warned to giving priority to body to give all right or instruct close down to rectify, the administrative punishment such as amerce.
The business contract that ③ is organized to other economy or the individual implements is con behavior, when can't make crime, cannot investigate criminal duty, but below the circumstance that does not grant to handle apparent improper, can give to behavior person amerce or administration are detained wait for administration to punish. In addition, to be in business contract concludes in the process derelict, neglectful staff member, should inspect clue weight to investigate administrative duty by internal rules system by place unit.
4, encounter how to undertake relief false?
Liu Qing's lawyer answers:
(One) " contract law " established conclude a treaty the system of negligence liability. Conclude a treaty negligence liability, it is to show party violates the obligation that asks according to place of honest credence principle because of fault when conclude a treaty, cause the other side to cause the damages responsibility; that damages an agree to carry
(2) " contract law " the system of disturbed and contradictory power in establishing a contract to fulfill. Disturbed and contradictory authority is our country " contract law " a of establish important contract fulfills a system, the purpose depends on preventing contract dispute, contract con, protection fulfills; of square legitimate rights and interests first
(3) " contract law " establish the contract conserves system. Of the contract conserving is fingering law decreases to because the belongings of debtor is undeserved,prevent and the creditor's rights to creditor brings a harm, allow creditor to counterpoise to debtor or the authority of behavior exercise cancel of the 3rd person or subrogation, in order to protect its creditor's rights.
5, how to turn over con? What effective method is there?
Liu Qing's lawyer answers:
When signing a contract, ought to note the problem of the following respect:
(One) in sign a contract previously, the true identity that operator must examine the other side seriously and honor the agreement ability;
(2) examine a contract official seal and sign the person's identity, ensure the contract is effective. If official seal of the other side is corporative branch official seal or inside set an orgnaization, should ask its offer the accredit book; that belongs to legal person orgnaization
(3) each ought to examine a contract strictly item when signing a contract, might as well conditionally seek advice from; to professional
(4) ; of clause of conventional break a contact
(5) conventional dispute is jurisdictional clause.
Note:
2, the picture all comes from a network, tort connection establishs cutout;
