However, it should be noted that if one party has started to perform its main obligations before signing, sealing or fingerprinting, the contract will be established and effective when accepted by the other party. In addition, if it is an oral contract, it is also valid as long as the following conditions are met. The parties to a contract have the ability to conclude a contract; The content of the contract is a true and legal expression of the will of both parties; The contract does not harm the legitimate rights and interests of others.
In any of the following circumstances, the contract is invalid:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
What should I do if the contract is invalid?
First, unilateral return. Unilateral return means that one party has accepted the property from another party according to an invalid contract, and that party has returned the property to the other party; Or although both parties have accepted the property of the other party, but one party has not committed any illegal act, and the other party has intentionally committed illegal acts, the party without illegal acts has the right to request the return of the property, and the party with intentional illegal acts has no right to request the return of the property, and the property possessed by the other party is turned over to the state treasury according to law. Unilateral return is to return the property of one party to the other party. The original goods shall be returned, and the money originally delivered shall be returned. If the property was originally delivered, it should be returned.
Second, the return of both sides. Return by both parties means that when both parties have accepted the property paid by the other party, the property of both parties will be returned to the other party, and if the property is accepted, the property will be returned; If you accept the money, you will return it. If both parties intentionally violate the law, they should turn over all the property they get from each other to the state treasury.
Legal basis:
civil law
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.