Invalid contract, it is to although had held water,point to a contract, but because its are serious defective effective important document, in jural do not press party between acceptability gift its law effectiveness. What does invalid contract have? Invalid contract is opposite of at active contract character, do not get state law protection.
All and invalid contract. All and invalid contract is the entire content that points to a contract from only then do not produce legal sanction
1, conclude contract main body is unqualified, expression is:
1.Without person of civil action competence, limitation person of civil action competence concludes contract and legal agent does not grant of admit posthumously, this contract is invalid, but have exception: Pure the contract that wins an increase and the contract that state photograph gets used to health of the age, as intellective as its, spirit and conclude, do not need admit posthumously, the contract is active of course;
2.Agent is unqualified and opposite person is blamable and the contract that establish, this contract is invalid;
3.The legal representative of legal person and other organization, controller surmounts the contract that attributive concludes, and opposite person knows or ought to know its to overstep limits of authority, this contract is invalid.
2, conclude contract content is illegimate, expression is:
1.Of lawbreaking, administrative regulations mandatory formulary contract, invalid;
2.Disobey a society the contract of public interest, invalid;
3.Ill will is colluded with, damage country, collective or the contract of 3 person interests, invalid;
4.Cover illegal purpose contract with legal entity, invalid;
5.The contract of the belongings of person punish other that counterpoises without punish, invalid. But have exception: Of admit posthumously of obligee of classics of after the event, effective; after the event obtains punish to counterpoise, effective; kindness is obtained.
3, the meaning represents truthless contract, namely the meaning expresses imperfect, be like: One party concludes with con, threatening method contract, harm national interest, invalid.
The part is invalid contract. The part is invalid the contract is the partial content that points to a contract do not have legal sanction, the others content of the contract still has legal effectiveness
★ invalid contract can be divided to disable entirely contract and part disable contract. Conclude contract main body is unqualified, conclude contract content is illegimate the entire content that waits for case to be able to cause a contract from only then do not produce legal sanction. The part is invalid the contract is the partial content that points to a contract do not have legal sanction, do not affect the other content of the contract, the others content of the contract still has legal effectiveness.
