12 case of invalid civil code contract

At present, China's legal system stipulates that there are only the following five situations in which a contract is invalid:

1. A contract signed by a person without civil capacity is invalid;

2. The contract with false meaning signed by the actor and the counterpart is invalid;

3. A contract that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts;

4. A contract that violates public order and good customs is invalid;

5. A contract in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid.

The consequences of an invalid contract are as follows:

1, return the property. The return of property means that the parties to a contract have the right to claim the property that has been delivered to the other party after the contract is confirmed to be invalid or cancelled, and the other party has the obligation to return the accepted property. There are two forms of returning property:

(1) unilateral return. Unilateral return means that one party has accepted the property from another party according to an invalid contract, and that party has returned the property to the other party; Or although both parties have accepted the property of the other party, but one party has not committed any illegal act, and the other party has intentionally committed illegal acts, the party without illegal acts has the right to request the return of the property, and the party with intentional illegal acts has no right to request the return of the property, and the property possessed by the other party is turned over to the state treasury according to law. Unilateral return is to return the property of one party to the other party, the original thing should be returned, and the original money should be returned; If the property has been delivered, it shall be returned;

(2) Return by both parties. Return by both parties means that when both parties have accepted the property paid by the other party, the property of both parties will be returned to the other party, and if the property is accepted, the property will be returned; If you accept the money, you will return it. If both parties intentionally violate the law, they should turn over all the property they get from each other to the state treasury.

2. Discount compensation. Discount compensation is a form of liability to compensate the other party in monetary form when the property of the other party obtained due to an invalid contract cannot be returned or is not necessary.

3. compensate for the losses. According to the relevant laws and regulations, after the contract is confirmed to be invalid, if the other party loses due to the fault of one party or both parties, it shall also be liable for damages. The liability for such damages shall have the following elements:

(1) Damage fact exists;

(2) The obligor for compensation is at fault. This is an important factor of damages;

(3) There is a causal relationship between wrong behavior and loss.

If both parties to the contract are at fault, according to relevant regulations, both parties shall bear corresponding responsibilities, that is, the degree of fault shall apply. If the fault of one party is the main reason and the other party is the secondary reason, the former is more responsible than the latter; If one party is intentional and the other party is negligent, the responsibility of the intentional party should be greater than that of the negligent party. If one party suffers losses due to the invalidity or cancellation of the contract and the other party is at fault, it shall compensate the victims for their losses. This kind of liability for compensation is based on the liability for fault in contracting. The losses here should be limited to the actual losses that have occurred, and the expected benefits should not be compensated, because the treatment of invalid contracts is based on the principle of restitution;

4. Non-civil consequences. After the contract is confirmed to be invalid or dissolved, in addition to civil legal consequences such as returning property and compensating losses, non-civil consequences also occur under special circumstances. According to relevant laws, if the parties to a contract maliciously collude to harm the interests of the state, the collective or the third party, the legal consequences of recovering the property will occur, that is, the property obtained by the parties who maliciously collude to harm the interests of the state, the collective or the third party will be recovered, returned to the state or returned to the collective or the third party who suffered losses. Nationalization is not a civil remedy, but a public remedy; Generally known as the legal consequences of non-civil law.

Legal basis: Article 157 of the Civil Code of People's Republic of China (PRC).

After a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.