1. A civil juristic act committed by a person without civil capacity is invalid.
The so-called person without civil capacity refers to:
(1) Minors under the age of 8;
(2) Adults who can't recognize their own behavior;
(3) Minors over the age of 8 who cannot identify their own behavior.
The inability to recognize one's own behavior refers to the reasons of intellectual and mental health; A person who can't recognize his behavior because of drunkenness is not a person without civil capacity, and he may not claim that his behavior is invalid on this ground.
It should be pointed out that all civil legal acts carried out by persons without civil capacity are null and void.
2. Conspiracy hypocrisy means that the behavior is invalid.
Article 146 of the Civil Code stipulates that the civil legal act carried out by the actor and the counterpart with false intentions is invalid. The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.
The typical performance is the "yin-yang contract" in the equity transfer contract. Both parties to the equity transfer signed two equity transfer contracts with different prices due to tax evasion and other reasons. The contract to submit the change registration to the market supervision department belongs to the "positive contract" and the price is low; What the two parties really implement is another contract (or supplementary agreement or drawer agreement), commonly known as "negative contract". In this case, the "positive contract" is invalid because it is not the true intention of the parties.
3. Acts that violate the mandatory provisions of laws and administrative regulations are invalid.
Article 153, paragraph 1 of the Civil Code stipulates that a civil legal act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
It should be noted that the contract is invalid only if it violates the mandatory provisions of "laws and administrative regulations".
4. Civil legal acts that violate public order and good customs are invalid.
Paragraph 2 of Article 153 of the Civil Code stipulates that civil legal acts that violate public order and good customs are invalid.
The so-called public order and good customs refer to public order and good customs, that is, the social public interest stipulated in Item 4 of Article 52 of the Contract Law. Keeping mistresses, gambling debts, asking for help and other civil legal acts that violate public order and good customs. , given a negative evaluation by the law, is considered invalid. Political order, financial order, etc. Are related to the interests of the unspecified majority and also belong to the category of public order.
5. Malicious collusion to harm the interests of others is invalid.
Article 154 of the Civil Code stipulates that a civil legal act of malicious collusion between the actor and the counterpart that harms the legitimate rights and interests of others is invalid.
Malicious collusion harms the interests of others. Common behaviors are: Party A and Party B are shareholders of the company, Party B and Party C collude maliciously to forge the share transfer contract, and Party B forges the signature of Party A, transfers the equity to Party C, and goes through the industrial and commercial change registration.
It is worth noting that malicious collusion can only be formed if there is a connection of meaning between the actor and the relative, and * * * is malicious. If only one party has subjective malice to harm the rights and interests of others, and the other party does not know or knows but has no subjective malice, it does not constitute malicious collusion.
6. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid.
Article 388 of the Civil Code stipulates that the guarantee contract is the subordinate contract of the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.
The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract as a subsidiary contract is invalid.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
7. If it meets the statutory conditions, the standard clauses in the contract are invalid.
According to the provisions of Article 497th of the Civil Code, three situations in which standard clauses are invalid include:
(1) The standard clauses conforming to the general provisions on invalidity of civil juristic acts are invalid;
(2) The standard clauses that unreasonably exempt or reduce one's own responsibility, aggravate the other's responsibility or restrict the other's main rights are invalid;
(3) The standard clauses excluding the other party's main rights are invalid.
The latter two invalid situations can also be regarded as the legal consequences of the provider of standard terms violating the provisions of the previous article to fairly determine the rights and obligations between the parties.
8. If the lease term stipulated in the lease contract exceeds twenty years, the excess part shall be invalid.
According to Article 705 of the Civil Code, the lease term shall not exceed 20 years. More than twenty years, the excess part is invalid.
Therefore, if the lease term agreed by the parties exceeds 20 years, the excess part will be invalid.
9. The financial lease contract concluded by the parties in the form of fictitious lease item is invalid.
Article 737 of the Civil Code stipulates that the financial lease contract concluded by the parties in the form of fictitious lease item is invalid.
"Fictitious lease right" means that the lease right does not actually exist and the ownership of the lease right has not been transferred. Its core feature is that the lease right does not actually exist.
10. A technology contract that illegally monopolizes technology or infringes on others' technological achievements is invalid.
Article 850 of the Civil Code stipulates that a technology contract that illegally monopolizes technology or infringes on other people's technological achievements is invalid.
Illegal monopoly technology refers to restricting the other party to carry out new research and development on the basis of the main technology of the contract through contract terms, preventing it from absorbing technology from other channels or preventing it from fully implementing patents and using technical secrets in a reasonable way according to market demand.
1 1. The contract for buying and selling human cells, tissues, organs and remains is invalid.
Buying and selling human organs not only violates the mandatory provisions of laws and administrative regulations, but also violates the principle of public order and good customs, which is absolutely invalid. Article 1007 of the Civil Code clearly stipulates this point in order to emphasize this point.
12. If the contractor transfers its land contractual management right without the consent of the employer, the transfer contract is invalid.
Article 13 of the Supreme People's Court's Interpretation on the Applicable Legal Issues in the Trial of Rural Land Contract Disputes stipulates that if the contractor transfers his land contract management right without the consent of the employer, the transfer contract is invalid. However, the employer cannot give reasons for not agreeing or delaying the declaration.
The land contractual management right can be transferred, but it needs the consent of the employer. Without the consent of the employer, the transfer contract is invalid; Where the contracted management right of land is transferred, the parties may apply to the registration authority for registration. Without registration, they may not be able to fight well-intentioned third parties.
legal ground
Article 146 of the Civil Code
A civil juristic act in which the actor and the counterpart have false meanings is invalid. The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.
Paragraph 153 1
A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
Article 705
The lease term shall not exceed twenty years. More than twenty years, the excess part is invalid.