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How to remark that there is no law when signing the unequal agreement

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How to remark that there is no law when signing the unequal agreement


        

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  • 2024-06-17 09:00:01

    The unequal agreement itself is invalid and does not need to be noted. An unequal clause in a contract may be revoked by a people's court or an arbitration institution, or it may be directly asserted that the unequal clause is invalid. Whether the civil act is unequal should be judged by the situation when the act is established. The rights and obligations of both parties in an unequal contract are often very unequal, the economic interests are unbalanced, and the principle of fairness and rationality is violated.

    According to Article 147 of the Civil Code

    If a civil juristic act is committed on the basis of a serious misunderstanding, the actor has the right to request the people's court or an arbitration institution to revoke it.

    Article 148

    If one party fraudulently causes the other party to commit a civil legal act against its true intention, the fraudster has the right to request the people's court or an arbitration institution to revoke it.

    Article 150

    If one party or a third person coerces the other party to perform a civil legal act against its true intention by means of coercion, the coerced party has the right to request the people's court or an arbitration institution to revoke it.

    Article 151

    If one party makes use of the other party's situation such as being in a state of distress and lacking judgment ability, which makes the civil legal act obviously unfair when it is established, the injured party has the right to request the people's court or arbitration institution to revoke it.

    Legal basis

    Article 147 of the Civil Code of the People's Republic of China [Effectiveness of civil juristic acts based on major misunderstandings] For civil juristic acts based on major misunderstandings, the actor has the right to request the people's court or arbitration institution to revoke them.

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