The following article comes from the Lianhu District Court, the author Chen Nan
Lianhu District Court
Peigu Cultural foundation, firm belief in the rule of law, highlighting the feelings of the people, shaping first-class quality
Recently "Love Apartment 5" officially launched
serialization for ten years into the final season
xian cp Qiaojia cp
in 2020, they finally got the certificate
yo Yu Seki Gu went to Japan
and the new "wonderful" roommate
will be Zhang Wei "personality split"
z
zzzzzzztop of Zhang Yi of force majeure could not tell already
(꒪ꇴ꒪ (꒪ꇴ꒪;?) Ha
owned by Comedy Comedy
reality encountered a similar situation
how to do it
if you sign a contract (? The main contract or supplementary clause)
where the format clause is very small, and there is no description of
, then the clause can be revoked or invalid
The party providing the format clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and use reasonable methods to request the other party Pay attention to the clauses that exempt or limit their liability, and explain the clauses in accordance with the requirements of the other party.
A reasonable way requires the use of special signs such as text, symbols, fonts, etc. that are sufficient to attract the other party’s attention when signing the contract, and the other party’s requirements This clause is explained.
violates the above obligations and causes the other party to fail to pay attention to the clauses that exempt or limit its liability. If the other party applies to revoke this clause, the people's court shall support it.
The provider violates the obligation of prompting and explanation and has contract law In one of the circumstances specified in Article 40, the people’s court shall determine that the standard clause is invalid. z
(1) Exempts the liability for causing personal injury to the other party;
(2) Exempts the liability for damage to the other party's property due to intentional or gross negligence;
(3) Exempts the liability, aggravates the other party's liability, and excludes the other party's main rights;
(4) ) Under Article 52 of the Contract Law.
...
If force majeure clauses
appear in the contract, attention should also be paid to
force majeure that occurs after the signing of this agreement, cannot be foreseen at the time of signing of this agreement, and its occurrence and consequences are unavoidable or overcome, hinder any All events in which a party performs in whole or in part. The aforementioned events include earthquakes, typhoons, floods, fires, wars, international or domestic transportation interruptions, epidemics, and other events deemed force majeure under Chinese laws or general international business practices. One party's lack of funds must be a force majeure event.
Consequences of force majeure:
1. If a force majeure event occurs that affects the performance of a party's obligations under this agreement, the performance shall be suspended during the delay period caused by the force majeure, and it shall not be regarded as a breach of contract.
2. The party claiming the occurrence of force majeure shall promptly notify the other parties in writing and provide sufficient evidence to prove the occurrence and duration of the force majeure within 15 days thereafter.
3. In the event of a force majeure event, the parties shall immediately negotiate with each other to find a fair solution, and shall make all reasonable efforts to minimize the impact of the force majeure.
4. The liability for delay of monetary debt shall not be exempted due to force majeure.
5. Force majeure that occurs during the delay in performance does not have the effect of exemption.
6. When a force majeure event prevents a party from performing its obligations for more than 90 days, the two parties shall negotiate to decide to continue to perform the conditions of this contract or terminate this contract.
If within 180 days after the occurrence of the force majeure, both parties cannot reach an agreement on the conditions for continued performance or termination of this contract, either party has the right to terminate this contract immediately after giving written notice to the other party. The editor of
once again reminds everyone that
must be careful when signing a contract!
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