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Can the unequal terms of the contract be changed

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Can the unequal terms of the contract be changed


        

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  • 2024-06-15 11:01:05

    The inequality clause of the contract can be changed. According to the relevant provisions of the current Civil Code of China, if the contract is obviously unfair at the time of conclusion, both parties have the right to withdraw the claim. The apparent fairness of a contract means that one party to the contract uses its own advantages or the other party's disadvantages to enter into a contract to set terms that are obviously beneficial to its own party, resulting in a serious imbalance between the rights and obligations of both parties based on the contract and considerable interests, which clearly violates the principle of fairness.

    Legal basis

    Article 151 of the Civil Code of the People's Republic of China [Effect of Evidently Unfair Civil Juristic Act] If one party makes use of the other party's conditions such as being in a state of distress and lacking judgment ability to cause the civil juristic act to be manifestly unfair when it is established, the aggrieved party has the right to request the people's court or arbitration institution to revoke it.

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