The contract is a consensus reached by both parties through consultation. However, if both parties sign a contract because they are deceived by one party, the effectiveness of the contract is flawed, and the parties can safeguard their legitimate rights and interests through due process.
After signing the contract, if you find that you have been cheated, you can remedy it in two ways:
1, call the police
If there is evidence that the other party is suspected of contract fraud or fraud, the public security organ shall file a criminal case. The property involved in the case of the deceived party will be sealed up and frozen by the public security organs, and the people involved will also be taken compulsory measures, which can greatly protect the legitimate interests of the deceived party and prevent the transfer of property.
2. Apply to the court or the Arbitration Commission to terminate the contract.
If the deceived party has sufficient evidence to prove that he was deceived by the other party when signing the contract and signed the contract against his true intention, he may claim to terminate the contract. The cancelled contract is invalid from the beginning, and the property obtained through the contract should be returned immediately, and the fraudster should also bear the economic losses of the defrauded party.
Legal basis:
According to the provisions of Article 147-15 1 of the Civil Code, contracts concluded due to gross misunderstanding, contracts concluded in obviously unfair at the time of conclusion, and contracts concluded by fraud, coercion or taking advantage of people's danger are all revocable contracts. The injured party has the right to request the people's court or arbitration institution to change or cancel it. Details are as follows:
1. Sign a contract based on a major misunderstanding;
2. One party uses fraudulent means to make the other party sign a contract against its true meaning;
3. A third party cheats to make one party sign a contract against its true meaning;
4. One party or a third party coerces the other party to sign a contract against its true meaning;
5. A contract concluded by one party taking advantage of the danger and lack of judgment of the other party.
According to the provisions of Article 224 of the Criminal Law of People's Republic of China (PRC), the crime of contract fraud refers to the act of fabricating facts or concealing the truth to defraud the other party's property for the purpose of illegal possession in the process of signing and performing a contract.