Contract of yin and yang, namely the contract that contract both sides concludes with respect to same item two differ.
Among them one external, internally.
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External the contract is to escape taxation, or it is other wrong end.
And internally the contract just is the contract that both sides fulfils actually.
Since contract of yin and yang may harm country or the interest of the 3rd person, so is contract of yin and yang active?
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Contract of yin and yang has what law effectiveness in light of:
1, because in relief contract does not reflect the true meaning of bilateral party, reason does not produce legal effectiveness;
2, shade contract wants content only lawful, be protected likewise by law;
3, if party uses contract of yin and yang to carry out illegal behavior, or conceal illegal destination with legal form. Criterion not only in relief contract is invalid, shade contract disables as much;
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4, if buyers and sellers signs the act of contract of yin and yang, disobeyed Chinese taxation to administer a regulation. Check fact hind via concerning a section, if attribute action of general evade taxes, give fine, detain wait for administrative punishment; Be like evade taxes amount bigger, time is more, make crime possibly;
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5, if buyer does not want to buy,advocate a bargainor to avoid however duty, after the lot makes work now, perhaps want to be bought in order to show the low on carry out contract only. So general cognizance contract is active, but clause of price of change the name of owner in a register is invalid;
6, if both sides still wants to trade, but the one party when change the name of owner in a register advocates with real value change the name of owner in a register other one party refuses, the court can be mediated commonly, mediation won'ts do to maintain a contract not to hold water;
7, if do not have confirmation of autograph change the name of owner in a register, show price to become little. Regard bilateral meaning as change, contract showing carry out is active.
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On put together, conclude contract of yin and yang belongs to illegal behavior.
Not only contract itself from only then invalid, if be discovered by the tax authority, the behavior that still can steal money of dodge a tax to both sides gives administration is punished.
