In which case is a civil contract invalid?

According to the 2015 Civil Code , there are 08 cases of civil contracts being invalidated due to failure to ensure the valid conditions of civil transactions or the object of the contract cannot be performed for objective reasons, specifically can be as follows:

In which case is a civil contract invalid?

In which case is a civil contract invalid? (Illustration)

1. Civil contracts are invalid due to violations of the prohibition of the law, contrary to social ethics

A civil contract whose purpose or content violates a prohibition of the law or is contrary to social morality shall be void. In there:

- Prohibited laws are provisions of the law that do not allow subjects to perform certain acts.

- Social ethics are common standards of conduct in social life, which are recognized and respected by the community.

2. Civil contracts are invalid due to forgery

- When the parties enter into a civil contract artificially in order to conceal another civil transaction, such fake contract shall be invalidated, while the concealed civil transaction shall still be valid, except in the case of a concealed civil transaction. that is also invalid under the provisions of the Civil Code 2015 or other relevant laws.

- In case a fake civil contract is established in order to evade obligations with a third party, such civil contract shall be void.

3. An invalid civil contract is established and performed by a minor, a person who has lost his/her civil act capacity, a person with difficulties in perception and behavior control, or a person with limited civil act capacity. presently

When a civil contract is established and performed by a minor, a person who has lost his/her civil act capacity, a person with difficulties in perception and behavior control, or a person with limited civil act capacity, At the request of such person's representative, the Court shall declare such contract invalid if, as provided for by law, such contract must be established, performed or agreed by their representative, except in the following cases: The civil contract of the above-mentioned person established and performed without being invalidated includes:

- Civil contracts of persons under the age of six, persons who have lost their civil act capacity in order to meet such person's essential daily needs;

- Civil contracts only give rise to rights or only relieve obligations for minors, people who have lost their civil act capacity, people with difficulties in cognition or behavior control, or people with limited capacity. civil acts against persons who have established and performed contracts with them;

- A civil contract is recognized by the contract maker after becoming an adult or after restoring his/her civil act capacity.

4. Civil contracts are invalid due to confusion

In case a civil contract is entered into by mistake, causing one or both parties to fail to achieve the purpose of the conclusion of the contract, the mistaken party has the right to request the court to declare the civil contract invalid. , unless otherwise:

A civil contract entered into by mistake is not void in case the purpose of establishing the civil contract of the parties has been achieved or the parties can immediately remedy the confusion, making the purpose of the determination of the civil contract effective. Civil contracting is still achieved.

5. Civil contracts are void due to deception, threats or coercion

When a party to a civil contract is deceived or threatened or coerced, it has the right to request the court to declare the civil contract invalid.

+ Deception in a civil contract is an intentional act of one party or a third party in order to make the other party misunderstand the subject, nature of the object or the content of the civil contract. that contract.

Threat or coercion in a civil contract is an intentional act by one party or a third party to force the other party to perform a civil contract in order to avoid damage to life, health, honor, or prestige. credit, dignity, or property of oneself or of one's relatives.

6. Civil contracts are invalid because the signatories are not aware of and control their acts

A person who has civil act capacity but has entered into a contract at the right time and is not aware of and controls his/her acts may request a court to declare such civil contract invalid.

7. Civil contracts are invalid due to failure to comply with regulations on form

A civil contract that violates the regulations on formal validity conditions shall be invalid, except in the following cases:

- A civil contract that has been established in accordance with the provisions must be in writing but the document is not in accordance with the provisions of law, but one party or the parties have performed at least two-thirds of the obligations in the contract, at the request of one of the parties. parties or parties, the Court shall issue a decision to recognize the validity of such contract.

- A civil contract that has been established in writing but violates the mandatory provisions on notarization and authentication where one party or the parties has performed at least two-thirds of the obligations in the contract, at the request of one of the parties. parties or parties, the Court shall issue a decision to recognize the validity of such contract. In this case, the parties are not required to perform the notarization or authentication.

8. Civil contracts are invalid due to an object that cannot be performed

- If, right from the moment of conclusion, the contract has an object that cannot be performed, this contract will be invalidated.

- In case, when entering into a contract, one party knows or ought to know that the contract has an object that cannot be performed but fails to notify the other party, so the other party has entered into the contract, it must compensate for damage to the other party. the other party, unless the other party knew or ought to have known about the subject matter of the contract being unenforceable.

- The above provisions also apply to cases where a contract has one or more parts of the object that cannot be performed but the remainder of the contract is still valid.

Note:

+ A contract is partially invalidated when a part of the content of a civil contract is invalidated but does not affect the validity of the remaining part of the contract.

+ The invalidity of the main contract terminates the sub-contract, unless the parties have agreed that the sub-contract may replace the main contract. This provision does not apply to measures to secure the performance of obligations.

+ The invalidity of the sub-contract does not terminate the main contract, unless the parties agree that the sub-contract is an integral part of the main contract.

Legal grounds:

- Articles 123 - Article 130 of the 2015 Civil Code ;

- Articles 407 and 408  of the 2015 Civil Code .

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