Contract, it is the indispensable component in current business society, the contract can say the proof that is bond, contracted expression and contracted execution. But always have occasionally so a few people borrow the clause in the contract to go the thing of con, bilk, borrow a the opposing party not to know contract provision, play paronomasia. How should if friends encounter such situation,do? This how safeguards oneself rights and interests when card god group says to encounter the contract that is concluded by con place when us with friends today! Friends understand together fall.
1, " contract law " fiftieth have one of following state 2 times, the contract is invalid:
(one) one party concludes with con, threatening method contract, harm national interest;
(2) ill will is colluded with, damage country, collective or interest of the 3rd person;
(3) conceal illegal destination with legal form;
(4) damage a society public interest;
(5) of lawbreaking, administrative regulations mandatory regulation.
2, fiftieth the following disclaimer in 3 contracts is invalid:
(one) cause person of the other side to harm;
(2) cause losing of belongings of the other side because of intended gross perhaps error.
3, fiftieth 4 following contracts, party one party has authority to ask people court arbitral perhaps orgnaization changes or cancel:
(one) conclude because of great misunderstanding;
(2) in conclude those who break fairness is show when the contract.
4, one party with con, threatening method or take advantage of sb's precarious situation, make the other side issues concluded contract in the condition that violates true meaning, damage kills Fang Youquan to ask people court arbitral perhaps orgnaization is changed or cancel.
5, party requests to change, people court perhaps arbitrates the orgnaization does not get cancel.
6, fiftieth 5 have one of following state, cancel authority eliminates:
(one) since the day that the party that has cancel right knows oneself or ought to know cancel particulars of a matter there is exercise cancel authority inside a year;
(2) after the party that has cancel right knows cancel particulars of a matter, make clear express or abandon cancel advantageous position with his behavior.
7, fiftieth 6 invalid contracts or by the contract of cancel from only then without legal sanction. Contract part is invalid, do not affect other part effectiveness, other part is significant still.
8, fiftieth 7 contracts are invalid, perhaps be stopped by cancel, do not affect the self-existent concerns the provision that settles controversy method effectiveness in the contract.
9, fiftieth 8 contracts disable or by cancel hind, because of the property that this contract acquires, ought to give return still; Cannot return return or not was necessary to return return, ought to compensation of convert into money. The one party that has fault ought to recoup the loss that the other side gets accordingly, both sides has fault, ought to assume corresponding responsibility severally.
10, fiftieth 9 party ill will is colluded with, damage country, collective or of interest of the 3rd person, the property that acquires accordingly receives homecoming home all perhaps return collective still, the 3rd person.
11, " labor contract law " contract of the 26th following labor disables or the part disables:
(one) with con, threatening method or take advantage of sb's precarious situation, make the other side is in what conclude or change labor contract below the condition that violates true meaning;
(2) the legal liability that unit of choose and employ persons avoids him, those who eliminate worker right;
(3) lawbreaking, administrative regulations is mandatory of the regulation.
12, to labor contract disable or disable partly open to question, arbitrate by labor dispute orgnaization or people court affirms.
13, part of contract of the 27th labor is invalid, do not affect other part effectiveness, other part is significant still.
14, contract of the 28th labor is affirmed to disable, laborer already gave work, unit of choose and employ persons ought to pay labor reward to laborer. The amount of work reward, consult this unit is same or the work reward of close post laborer is affirmatory.
15, " civil code general rule " fiftieth 8 following and civil action are invalid:
(One) carry out without person of civil action competence;
(2) restrict person of civil action competence to cannot be carried out independently lawfully;
(3) one party with con, threatening method or take advantage of sb's precarious situation, make what the other side is below the condition that violates true meaning;
(4) ill will is colluded with, damage country, collective or of interest of the 3rd person;
(5) lawbreaking or the society is communal of the interest;
(6) economic contract disobeys national mandatory planning;
(7) conceal illegal destination with legal form.
16, invalid civil action, begin to rise to do not have legal sanction from behavior.
17, fiftieth 9 following and civil action, court of people of a request having right perhaps arbitrates mechanism gives change or cancel:
(One) behavior person has great misunderstanding to behavior content;
(2) show those who break fairness.
18, be begun to rise from behavior by the civil action of cancel invalid.
19, part of the 60th civil action is invalid, of the effectiveness that does not affect other part, other part is significant still.
20, the 61st civil action is affirmed to be disable or by cancel hind, the property that party acquires because of this behavior, ought to return return the one party that suffer lose. The one party that has fault ought to recoup the loss that the other side suffers accordingly, both sides has fault, ought to assume corresponding responsibility severally.
21, bilateral ill will is colluded with, those who carry out civil action to damage a country, collective or of the interest of the 3rd person, ought to the property that both sides of pursue and wipe out acquires, receive homecoming home, collective all perhaps return still the 3rd person.
22, action of the 62nd civil law can attach a condition, the civil law action that attachs a condition is in the become effective when according with place to attach a condition.
Finally, group blocking a god with courtyard of top person civil code " the opinion that carries out a certain number of problems of ＞ of general rule of civil code of ＜ People's Republic of China about carrying out (try out) " will explain below:
1, one party party tells each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the opposing party makes wrong meaning denotive, can maintain for fraudulent action.
2, wait in order to give the life of citizen and its relatives and friends healthy, honorary, reputation, worth cause damage or wait in order to give corporative honorary, reputation, worth cause damage to coerce, force the other side to make violate true meaning denotive, can maintain for threatening behavior.
3, the machine that one party party is in jeopardy by the other side, for obtain profiteering, force the other side to make truthless meaning express, harm interest of the other side badly, can maintain for take advantage of sb's precarious situation.
4, because behavior person is right the breed of the content of the property of behavior, the opposing party, mark, quality, norms and amount wrong understanding, make the consequence of behavior and oneself meaning photograph is contrary to, cause bigger losing, can maintain for great misunderstanding.
5, one party party uses an advantage to perhaps use the other side to do not have experience, the right that causes both sides and obligation disobey fair, equivalence apparently paid of the principle, can maintain break fairness to show.
6, perhaps show the civil action that misses fairness to great misunderstanding, party requests to change, people court ought to give change; Party requests cancel, people court is OK take into consideration the circumstances gives change or cancel.
Can be changed or but the civil action of cancel, party rises more than one year to just request when holding water from behavior change or of cancel, people court does not grant to protect.
7, civil code general rule the 61st the 2nd medium " the property that both sides acquires " , ought to include the property that bilateral party has been obtained and acquires surely about.
8, the civil action that attachs a condition, if what add be bad law sets or the condition produces impossibly, ought to maintain this civil action is invalid.
9, the civil law action that adds time, when what adding deadline to come become effective perhaps removes.
Block divine group summary: According to the relevant provision of contract law, the contract that concludes false is belonged to but the category of cancel contract. Nevertheless card god group reminds friends, the basis is civil evidence is regular related lawsuit, whose view, whose quote, party offers his to get to the court in the need in litigant process con evidence, all the other side are like the price with the commodity fraudulent action, false label with false fraudulent action, false quality fraudulent action. Group blocking a god tells friends, if the court maintains fraudulent action to hold water, usually, should add up to guild to be sentenced cancel, the right obligation that the contract agrees after cancel destroys break, do not need to fulfil the right and obligation according to the agreement again, cause losing of well-meaning one party, can ask to just assume liability to pay compensation false. Friends of divine group proposal get stuck finally, must grind repeatedly before oneself sign a contract read a few times, sign pledge of calligraphy and painting again after doing not have a problem certainly, the time that otherwise later period place should spend, energy is honest not light. Hope this data is helped somewhat to friends.
