Examples of invalid contracts are 10, and everyone will often encounter various legal events in their lives. Therefore, law is everywhere in reality, and legal knowledge is very rich. For example, the legal knowledge about contracts is as follows: 10 Examples of invalid contracts.
10 invalid contract example 1 1. A contract that maliciously colludes to harm the interests of others is invalid.
A couple wanted to sell their house, so they discussed with Lao Wang next door to sell it to him for 3 million yuan, but the couple wanted to avoid taxes, so the wife asked her husband to transfer the house to his own name and then went through the divorce procedure.
After the divorce, the wife took the house and married Lao Wang next door, and signed a property transfer contract with Lao Wang. Lao Wang directly transferred the money to his wife's account; At this point, the husband can't contact his wife and Lao Wang.
At this time, the husband realized that this was a partnership between his wife and Lao Wang.
Is this contract valid? The answer is of course invalid. This situation belongs to malicious collusion to harm the legitimate rights and interests of others. A husband can recover his property from his wife and Lao Wang next door through litigation.
2. A contract that violates social morality is invalid.
Zhang Sanzhong got rich overnight after winning the lottery, bought a house and a car, and found a beautiful young old photo frame. Zhang San wanted to see his old photo frame every day, so he rented a house downstairs for the old photo frame to live in.
In addition, Zhang San signed a loan agreement with the other party in order to let the old frame follow him willingly, nominally agreeing to lend the old frame 500 thousand, but actually giving the old frame pocket money.
Later, Zhang San's daughter-in-law found out about it. After asking for repayment failed, Zhang San's daughter-in-law took the loan agreement and Zhang San's rental evidence to court.
The court held that the loan agreement violated the legal provisions and social public order and good customs, and should be an invalid legal act, and the civil act was invalid. Zhang San's old photo frame had to be returned 500 thousand.
3, risk, agreed exemption, invalid.
During the Three Kingdoms period, in order to win the war, Huang Gai and Zhou Yu agreed to let Zhou Yu beat himself hard, and Zhou Yu was not responsible.
Although their bitter plan succeeded, if the agreement between Zhou Yu and Huang Gai is written into the new civil code promulgated by 202 1, there will be too many illegal things.
The laws of China provide for the protection of the personal rights, life rights and health rights of natural persons. If it is stipulated in the contract that the other party will not be liable for personal injury, such an agreement is invalid.
Because as long as your behavior damages the right to life and health of others, even if you stipulate exemption in the contract, it is also an invalid clause.
4. If the guarantee contract is invalid, the guarantor shall bear the responsibility.
Article 17 of Understanding and Applicable Judicial Interpretation of Civil Law Guarantee System stipulates:
If the main contract is valid and the guarantee contract provided by the third party is invalid, the people's court shall determine the guarantor's liability for compensation according to different circumstances:
(1) If both the creditor and the guarantor are at fault, the guarantor's liability for compensation shall not exceed half of the debtor's outstanding portion;
(2) If the guarantor is at fault and the creditor is not at fault, the guarantor shall be liable for the part that the debtor cannot pay off;
(3) If the creditor is at fault and the guarantor is not at fault, the guarantor shall not be liable for compensation.
If the main contract is invalid and the guarantee contract provided by the third party is invalid, the guarantor shall not be liable for compensation if there is no fault; If the guarantor is at fault, his liability for compensation shall not exceed one third of the debtor's outstanding portion.
5. The guarantee provided by the company for shareholders without convening the shareholders' meeting is invalid.
Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting.
If the company provides guarantee for shareholders without the resolution of the shareholders' meeting, the guarantee contract shall be deemed invalid, and all parties shall bear corresponding civil liabilities according to the fault.
If the creditor or guarantor is at fault, the part of the guarantor that bears civil liability shall not exceed half of the part that the debtor cannot pay off.
6. The private loan contract is invalid because it is illegal.
In any of the following circumstances, the people's court shall deem the private lending contract invalid:
(1) Loans to financial institutions for lending;
(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;
(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
(4) The lender knows in advance or should know that the borrower is still providing loans for illegal and criminal activities;
(5) Violating the mandatory provisions of laws and administrative regulations;
(6) Violating public order and good customs.
7, the construction project construction contract is invalid because of illegal.
In any of the following circumstances, the construction contract of a construction project shall be deemed invalid in accordance with the provisions of the first paragraph of Article 153rd of the General Principles of the Civil Law:
(1) The contractor fails to obtain the qualification of the construction enterprise or exceeds the qualification level;
(2) The unqualified actual constructor borrows the name of a qualified construction enterprise to carry out the construction;
(3) the construction project must be tendered, but it is not tendered or the bid is invalid.
8, the implementation of the administrative act of the main body does not have the qualification of administrative subject or no basis, has signed the demolition agreement is invalid.
The party signing the compensation and resettlement agreement must be an administrative organ with authority.
The Land Management Law of the People's Republic of China stipulates that the expropriation of collective land shall be announced by the local people's government at or above the county level;
The Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the expropriation of houses on state-owned land shall be carried out by the municipal or county-level people's governments or the house expropriation departments determined by the municipal or county-level people's governments.
If the civil subjects who signed the compensation and resettlement agreement with the expropriated person are villagers' committees, demolition companies or other unauthorized subjects, they can confirm that the signed administrative agreement is invalid on the grounds that they do not have the qualification of administrative subject.
9. Borrow money to sign a house sales contract.
The agreement on the sale of real estate signed by the plaintiff and the defendant is a legal act of false will, and the transaction situation between the two parties is more in line with the characteristics of the legal relationship of private lending. The real estate sales agreement is invalid because the meaning is untrue, and the house should be returned to the plaintiff.
10, the intention of the equity transfer contract is untrue/false and invalid.
The expression of will is inconsistent with the actual expression of will, and the false expression of will conspires with the relative person for the purpose of defrauding the third person;
The actor conspired with the counterpart to sign the equity transfer contract with false intention, which concealed the true civil legal relationship between the two parties.
For example, yin-yang contract: the industrial and commercial registration equity transfer contract signed to cover up the true intentions of the parties to the transaction is invalid, and the actual equity transfer contract is valid;
Or both contracts are valid, while the male contract registered in industry and commerce is partially valid and partially invalid, except for the clause of evading legal obligations, all others are valid.
In order to avoid unnecessary troubles and avoid the risk of invalid contracts from the beginning, we can start with the following points:
(1) Before signing the contract, confirm whether the other party is a qualified signing entity, so as to avoid the contract being invalid because it is not qualified to sign the contract.
(2) Before signing a contract, it is necessary to judge whether the content and purpose of the contract are legal. If it is illegal, you should refuse to sign and ask for amendment.
(3) Carefully check the terms of the contract to prevent partial or total invalidity of the terms of the contract, and carefully draft all the terms of the contract to ensure that the terms of the contract do not violate laws and regulations, are not obviously unfair, and do not belong to obvious overlord terms, and clearly stipulate the contents, so that the contract becomes a powerful weapon to protect both parties.
(4) Before signing the contract, consult the lawyer on the contract matters, and the lawyer will analyze the advantages and disadvantages and make suggestions to avoid the invalidation of the contract to the greatest extent.
10 Invalid Contract Example 2 There are four types of invalid contracts:
No. 1, 1: The contract entity is unqualified, which is manifested as:
A. If a person with no capacity for civil conduct or a person with limited capacity for civil conduct enters into a contract, and the legal representative refuses to ratify it, the contract is invalid, but there are exceptions: contracts with pure interests and contracts suitable for their age, intelligence and mental health are valid without ratification;
B, the agent is unqualified and the other party is at fault, and the contract is invalid;
C. A contract entered into by the legal representative or person in charge of a legal person or other organization beyond its functions and powers is invalid if the other party knows or should know that it has exceeded its functions and powers.
2. Type II: The contents of the contract are illegal, as follows:
A contract that violates the mandatory provisions of laws and administrative regulations is invalid;
B, in violation of the public interests of the contract, invalid;
C, malicious collusion, damage to the interests of the state, the collective or three people's contract, invalid;
D. a contract that covers up an illegal purpose in a legal form is invalid; Acquired in good faith.
3. Type III: The meaning indicates an unreal contract, and the meaning indicates a flaw. For example, a contract concluded by one party by fraud or coercion is invalid.
4. Fourth, a partially invalid contract means that a part of the contract is not legally binding, and the rest of the contract is still legally binding.
Extended data:
Definition of invalid contract:
When a contract is established according to law, it has legal effect.
The meaning of being established according to law includes not only that the conclusion process of a contract should conform to the legal provisions, but also that the established contract should conform to the effective requirements stipulated by law.
Any contract that does not meet the conditions stipulated by law cannot produce the legal effect of the contract, so it is an invalid contract.
The so-called invalid contract is relative to the valid contract, which means that although the contract is established, it is confirmed as invalid because it violates laws, administrative regulations and social interests.
It can be seen that an invalid contract is an established contract, which lacks effective elements, is not legally binding and is not protected by national laws.
Invalid contract is invalid from the beginning. Once a contract is confirmed to be invalid, it has retrospective effect, that is, it is not legally binding from the time the contract is established and will not be transformed into a valid contract in the future.
10 Invalid Contract Example 3 Definition of Invalid Contract
The legal evaluation of the agreement between the parties to a contract is to establish an evaluation standard for the effective elements of the contract, and if it meets this standard, it will give the agreement of the parties legal effect; If the contract does not meet this standard, it will be given legal consequences such as invalidity, invalidation, revocation or undetermined effectiveness as appropriate. Article 54 of the General Principles of the Civil Law stipulates that a civil juristic act is a lawful act of a citizen or a legal person to establish, change or terminate civil rights and obligations.
Article 55 of this law stipulates three elements that a civil juristic act should have, so this article can be used as the evaluation standard of contract effectiveness. Because denying the validity of the contract is the most severe negative evaluation of the contract by law, when the contract is only slightly short of the elements stipulated in Article 55 of the General Principles of Civil Law, for example, when one party damages the interests of the other party to the contract by fraudulent means instead of the national interests, the law gives the injured party the right to terminate the contract, but does not directly deny the validity of the contract.
Only when the contract seriously lacks the effective elements stipulated in Article 55 of the General Principles of Civil Law, the law does not allow the contract to have any effect according to the agreement of the parties, but directly stipulates its legal consequences. At this time, the contract is invalid.
Because Article 55 of the General Principles of Civil Law is abstract, after the promulgation and implementation of the Contract Law, whether the contract is invalid should be judged according to Articles 52 and 53 of the Contract Law and relevant laws, administrative regulations and judicial interpretations.
Invalid contracts are different from invalid contracts. The judgment of contract validity is based on the fact that the contract has been established. When the contract is not concluded, it has not yet reached the stage of evaluating its effectiveness. Therefore, the difference between the two lies in: the former, the contract has been established, but it is invalid because of the lack of effective elements; In the latter case, the contract lacks the elements of establishment.