One, the concept of invalid contract and feature
Concept: Invalid contract is to although had held water,point to a contract, but because of contract content or what the form disobeyed law, administrative regulations is mandatory regulation and society are communal interest, cannot produce legal sanction consequently, do not get the contract that law protects.
Feature: Have illegal sex, cannot fulfill gender and conclude oneself when do not have legal effectiveness 3 features.
(One) the type of invalid contract
1. one party concludes with con, threatening method contract, damage national interest;
2. ill will is colluded with, damage country, collective or; of interest of the 3rd person
3. masks illegal purpose; with legal form
4. damages a society public interest;
5. of lawbreaking, administrative regulations mandatory regulation.
(2) invalid disclaimer
Disclaimer is to show party agrees in the contract the disclaimer of contract provision; that absolve or limits its future liability disables is to point to the disclaimer that does not have legal sanction.
1. causes the; that person of the other side harms
2. causes losing of belongings of the other side because of intended or gross error.
(3) construction project is invalid the main condition of construction contract
1. contractor did not obtain aptitude of building construction company to perhaps surmount the; of aptitude grade
2. uses the builds construction company name; that has aptitude without the actual construction person of aptitude
3. construction project must undertake invite public bidding and not invite public bidding perhaps wins the bid invalid;
Illegal subcontract, illegal cent hires 4. contractor.
(4) the law of invalid contract is sequential
The contract with invalid 1. or be done not have first and last by the contract of cancel legal sanction.
2. contract part is invalid, do not affect other part effectiveness, other part is significant still.
3. contract is invalid, perhaps be stopped by cancel, the self-existent concerns the provision that settles controversy method effectiveness in affecting a contract (if clear, ) of settle accounts, arbitral clause.
4. contract disables or by cancel hind, because of the property that this contract acquires, ought to give return return; to cannot be returned 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.
(5) the project money settle accounts of invalid construction contract
1. checks and accept qualification: The contractor requests what contract agreement pays a project cost to consult, should grant to support.
2. checks and accept unqualified: Repair hind checks and accept qualification, the contractor bears repair cost, unqualified contractor is checked and accept to request to pay a project cost after the person that send a package pays project money; repair, do not grant to support.
