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Is the contract still effective after being cheated by the mobile phone store

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Is the contract still effective after being cheated by the mobile phone store


        

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  • 2024-06-19 11:01:43

    The validity is pending and needs to be withdrawn voluntarily. If one party causes the other party to enter into a contract against its true intention by means of fraud, coercion or taking advantage of the other party's difficulties, the aggrieved party has the right to request the people's court or an arbitration institution to modify or cancel the contract. If the parties feel that they have been cheated, the civil code gives them the right to cancel the contract or request to change the contract terms.

    Legal basis:

    Article 144 of the Civil Code [Effectiveness of civil juristic acts performed by persons without civil capacity] Civil juristic acts performed by persons without civil capacity are invalid.

    Article 146 of the Civil Code [Effect of False Representation and Concealment] A civil juristic act performed by the actor and the counterpart with a false declaration of intention is invalid.

    The validity of a civil juristic act concealed by a false declaration of intention shall be dealt with in accordance with the provisions of relevant laws.

    Article 153 of the Civil Code [Effect of civil legal acts violating mandatory provisions and public order and good customs] Civil legal acts violating mandatory provisions of laws and administrative regulations are invalid. However, the exception is that the mandatory provisions do not invalidate the civil juristic act.

    Civil juristic acts violating public order and good customs are invalid.

    Article 154 [malicious collusion] of the Civil Code The civil legal act of malicious collusion between the actor and the counterpart, which damages the legitimate rights and interests of others, is invalid.

    A***

    2024-06-19 11:01:43

  • civil Relevant knowledge

  • law

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