Your Agreement Is Invalid
Hello Laura, you can read the following article for more information: www.sapling.com/10004817/somebody-signs-signature-you or contact a lawyer to see your situation. Thank you very much. If these three elements are not fulfilled, a contract may be considered null and void. Similar scenarios are not uncommon in arbitration proceedings or litigation. A similarity can be observed with both cases, as the complainants are aware or should have known of the risk of disability at the conclusion of the contract. But they remained silent before the argument. If other parties sue the parties to the application, the disability defence can become an excuse to enter into the contract and avoid the benefit. The general rules governing the processing of invalid contracts are: restitution of property, compensation by converting property into money and replacement of losses by the defaulting party (Article 58 of the Contracts Act). The parties may consider that the nullity of a contract results in non-compliance with all content of the contract (except dispute resolution clauses), as decided by numerous judgments and awards. Hello Laetitia, you can contact a lawyer directly to get an answer to your question. We are not a law firm and we cannot provide legal advice. Thank you very much.
The author proposes three approaches. They are: (1) The proximity of the cause of the disability must be taken into account in determining the defaulting party. If one party enters into an invalid contract with conscience or should have known more about the risk of disability than the other party, the party should be exposed to the consequence of the disability or, at the very least, assume the principal debts; (2) the null contract with de facto effect. If the nullity of a contract and the non-compliance of the defective party enjoy an unfair advantage, recognition of the de facto effectiveness of the ineffective contract could be a solution. This practice already exists in situations where a contract violates laws that provide for administrative provisions. Article 2 of the Supreme People`s Court on issues relating to the application of the law in the investigation of construction disputes illustrates this practice; and (3) The infringement provisions should continue to be effective. If the parties accept liability and consequence of the infringement, this agreement should involve the indebted parties even if the contract itself is inoperative. Most contracts are routine and easy to comply with. For example, if you go to the hairdresser, they give you what you asked for, in reason, and not just cut all your hair (except, of course, that`s what you asked for).
Hello David, you may want to consider contacting a local lawyer to verify your contract, including all termination clauses. Thank you very much. China Business Law Journal welcomes your responses to articles that appear in the Dispute Digest section. In keeping with our desire to make this section a regular forum for ideas, cases and observations, we also invite you to contribute. Ideally, the articles should be about 900 English words and 1,500 Chinese characters long. Please send them to firstname.lastname@example.org.