Traditional Culture Encyclopedia - Lucky day inquiry - How to determine the validity of "Feng Shui" contract?
How to determine the validity of "Feng Shui" contract?
After signing the contract, Haifeng Company paid Zhao 30,000 yuan. During the subsequent performance of the contract, Zhao conducted a "Feng Shui" survey on the site and workshop of Haifeng Company, and located the site, workshop, office, workers' dormitory, canteen and road according to the requirements of Yijing. He broke ground in Jiri, named the company "Baby Crafts Company", predicted its overseas business with gossip, and hung Yin and Yang in different parts of the office building and workshop of the factory. According to the agreement, Zhao asked Haifeng Company for the balance of 6.5438+0.5 million yuan, and Haifeng Company refused to pay it. Is the contract signed by Zhao Consulting both parties legal and valid? Is the debt relationship stipulated in the contract established? Disagree: There are two opinions on the handling of this dispute. The first opinion is that the contract signed by both parties should be invalid according to law, and Zhao's appeal is not supported according to law. The second opinion is that the contract signed by both parties is valid and the creditor's rights and debts of both parties are established. The author agrees with the first opinion. The reasons are as follows: 1. The contract signed by Zhao and Haifeng Company involves superstitious activities, which violates the basic spirit of the contract law and should be deemed invalid according to law. Article 7 of the Contract Law of People's Republic of China (PRC) stipulates: "When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb the social and economic order or harm the public interests." In this case, the contract signed by the plaintiff and Haifeng Company is mainly about Feng Shui regulation, which belongs to superstitious activities in specific civil activities and is not protected according to law. China's geomantic theory mainly studies residential terrain environment, yin and yang, five elements, birthdays of cadres and branches, four seasons and five directions, gossip and nine winds, and three-dimensional operation. In this case, the service object of Zhao's style adjustment for Haifeng Company is a production and operation enterprise, and the process of Zhao's feng shui adjustment for the company is full of superstition. Zhao is a charlatan, so it is impossible to provide a scientific design scheme for the layout of office buildings and production workshops of Haifeng Company, and it is impossible to predict and standardize the scientific development of the company. Instead, he just used the master principle of geomantic theory to carry out geomantic exploration on the workshop of the company's site, chose a good omen for it, named the factory, adjusted the so-called unfavorable magnetic field with Yin-Yang Eight Diagrams and Zhong Feng Shui tools, and predicted its business at home and abroad with Zhouyi Eight Diagrams. There is no scientific basis. This can't be said to be a technical service clearly stipulated in the contract law, nor can it solve specific technical problems for Haifeng Company. Zhao's attempt to control and manipulate the direction and future direction of Haifeng Company with spiritual strength is really absurd. Zhao is neither a god nor a haunters. You can predict the future by adjusting Yin and Yang gossip with his geomantic omen? This has nothing to do with the production and operation of Haifeng company, which can neither improve the efficiency nor guarantee the product quality and market sales. Therefore, Zhao's behavior should be regarded as superstitious activities. The contract concluded by both parties is not protected according to law, and the debt relationship cannot be established according to law. Second, the actions of the former and Haifeng Company not only violate social public order and good customs, but also violate Scientific Outlook on Development, which is not conducive to the production, operation and healthy development of the enterprise. In this case, Haifeng company also has certain responsibilities. Wei, the legal representative of Haifeng Company, believes in Feng Shui theory, that is, he believes that Feng Shui adjustment will bring good luck, auspiciousness and benefits to the factory, so he voluntarily signed a Feng Shui adjustment contract with Zhao. The content and implementation of this contract run counter to the good habits advocated by the society, such as stressing morality, honesty and trustworthiness, stressing science, loving learning, daring to start a business, being diligent and abiding by the law, etc.
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