If the invalidity of the loan relationship is caused by the creditor's behavior, only the principal will be returned; if the invalidity of the loan relationship is caused by the debtor's behavior, in addition to the return of the principal, interest should also be paid based on the bank's similar loan interest rate.

1. "Answers to Several Questions Concerning the Trial of Real Estate Development and Operation Cases Before the Implementation of the Real Estate Management Law" by the Supreme People's Court

For a contract determined to be invalid upon review, the property acquired by one party based on the invalid contract should be returned to the other party. If the contract is invalid and causes losses to the other party, the at-fault party shall compensate for the losses according to the principle of fault liability.

The amount of compensation for which the at-fault party is liable shall be equivalent to the actual losses of the non-fault party. If both parties are at fault, each party shall bear corresponding responsibilities according to the degree of fault.

If both parties intentionally and seriously violate relevant laws and regulations, resulting in the invalidation of the contract, the property that has been acquired or agreed to be acquired by both parties shall be recovered. After the cooperative house building contract is confirmed to be invalid.

The ownership of houses under construction or completed can be confirmed to belong to the party with land use rights as the investment. The investments of both parties can be processed separately according to the transformation form of the funds.

If the contract for a pre-sold commercial house is invalid due to the fault of the pre-seller, the pre-seller shall be responsible for returning the property and compensating for losses based on the changes in real estate market prices and the payment of the house payment by the pre-seller.

If the house has not been completed or delivered, the amount of loss suffered by the pre-purchaser shall be determined with reference to the difference between the house price when the contract was signed and the house price at the time of court judgment or mediation.

2. The Supreme People's Court's "Regulations on Several Issues Concerning the Trial of Financial Leasing Contract Dispute Cases"

After a financial leasing contract is confirmed to be invalid, the following situations should be handled separately:

① If the contract is invalid due to the lessee’s fault and the lessor does not require the return of the leased property, the leased property does not need to be returned, but the lessee shall compensate for the losses caused by its fault to the lessor;

< p>② If the contract is invalid due to the fault of the lessor and the lessee requires the return of the leased property, the leased property may be returned. If there is any loss, the lessor shall compensate for the corresponding loss;

③ Due to the loss between the lessor and the lessee If the contract is invalid due to the same fault, the leased property can be returned, and each party shall bear corresponding losses and compensation liabilities according to the magnitude of the fault. If the leased property is continuing to be used and exerting benefits, whether the leased property should be returned can be settled through negotiation; if the negotiation fails, the court will make a decision based on the actual situation.

3. The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China"?

If the main contract is valid but the guarantee contract is invalid, the creditor is not at fault , the guarantor and the debtor shall be jointly and severally liable for the economic losses suffered by the creditor of the main contract.

If the creditor or guarantor is at fault, the guarantor's civil liability shall not exceed one-half of the portion that the debtor cannot repay. If the main contract is invalid and the guarantee contract is invalid, the guarantor is not at fault.

The guarantor does not bear civil liability; if the guarantor is at fault, the portion of the guarantor's civil liability shall not exceed one-third of the portion that the debtor cannot repay.

If the functional department of the enterprise legal person provides a guarantee, the guarantee contract shall be invalid. If the creditor knows or should know that the guarantor is a functional department of the enterprise legal person, the creditor shall bear the losses caused thereby. The creditor does not know that the guarantor is a functional department of the corporate legal person.

For losses caused by this, please refer to Article 5, Paragraph 2 of the "Guarantee Law" (after the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding liabilities according to their faults. Civil liability.) and Article 29 (A branch of an enterprise legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization.

The contract is invalid or the part beyond the scope of authorization is invalid. If the creditor and the corporate legal person are at fault, they shall each bear corresponding civil liability according to their faults; if the creditor is not at fault, the corporate legal person shall bear civil liability.

4. The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes"?

What to do after the contract is confirmed to be invalid When the seller concludes a commercial housing sales contract, If one of the following circumstances causes the contract to be invalid, revoked, or terminated, the buyer may request the return of the paid purchase price and interest, compensation for losses, and may request the seller to bear a compensation liability not exceeding twice the paid purchase price:

(1) Deliberately conceal the fact that a commercial housing pre-sale license has not been obtained or provide a false commercial housing pre-sale license.

(2) Deliberately concealing the fact that the house sold has been mortgaged.

(3) Deliberately concealing the fact that the house sold has been sold to a third party or the house has been resettled for demolition compensation.

5. "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Futures Dispute Cases"?

If a customer suffers economic losses due to the invalidity of a futures brokerage contract, the case shall be based on the difference between the invalid behavior and the loss. The causal relationship between the parties determines the assumption of responsibility. If one party's losses are caused by the actions of the other party, the other party shall compensate for the losses. If both parties are at fault, they shall each bear corresponding civil liability according to the magnitude of their fault.

If the futures brokerage contract of an operating institution without entity qualifications is invalid due to its engagement in futures brokerage business, and the institution enters the market according to the customer's trading instructions, the commission collected shall be returned to the customer, and the transaction results shall be borne by the customer .

If the institution fails to enter the market in accordance with the customer's trading instructions and the customer is not at fault, the institution shall return the customer's deposit and compensate the customer for the loss. The scope of compensation for losses includes transaction fees, taxes and interest.

6. "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Cases concerning Disputes over Construction Contracts of Construction Projects"?

The construction contract of a construction project is invalid, but the construction project has passed the completion inspection and acceptance, and the contract If a person requests to pay the project price in accordance with the contract, it shall be supported. If the construction contract of a construction project is invalid and the construction project fails to pass the completion inspection and acceptance, it shall be dealt with according to the following circumstances:

(1) After the repaired construction project has passed the completion inspection and acceptance, the developer requests the contractor to bear the repair costs , should be supported.

(2) If the repaired construction project fails the completion inspection and acceptance, and the contractor requests payment of the project price, it will not be supported. If the contractor is at fault for losses caused by unqualified construction projects, he shall also bear corresponding civil liability.

The act of a contractor illegally subcontracting or illegally subcontracting a construction project or an unqualified actual constructor signing a construction project construction contract with others in the name of a qualified construction enterprise is invalid.

The People's Court may confiscate the illegal gains obtained by the parties in accordance with Article 134 of the General Principles of the Civil Law. If a contractor signs a construction project construction contract beyond the business scope permitted by the qualification level and obtains the corresponding qualification level before the completion of the construction project, and the party concerned requests to be treated as an invalid contract, it will not be supported.

Extended information:

According to the provisions of the "Contract Law", if any of the following circumstances occurs, the contract or part of the contract terms may be deemed invalid:

(1 ) A contract entered into by one party through fraud or coercion that damages the interests of the country;

(2) A contract that involves malicious collusion and damages the interests of the country, the collective or a third party;

( 3) A contract whose legal form conceals an illegal purpose;

(4) A contract that harms the interests of the public;

(5) A contract that violates the mandatory provisions of laws and administrative regulations Contract;

(6) Contract clauses that exempt the other party from personal injury or property damage caused by intentional or gross negligence.

(7) Clauses that provide standard terms that exempt one party from liability, increase the liability of the other party, or exclude the other party’s main rights are invalid.

In addition, according to the "General Principles of Civil Law", civil acts performed by a person without capacity for civil conduct or by a person with limited capacity for civil conduct that cannot be independently performed in accordance with the law are invalid civil acts. Therefore, the unqualified subject may also lead to the invalidity of the contract, for example:

(a) If a person without capacity for civil conduct or a person with limited capacity for civil conduct enters into a contract and the legal representative does not ratify it, the contract will be invalid. The exceptions are: contracts for pure profit and contracts entered into that are commensurate with the person's age, intelligence, and mental health. There is no need to ratify the contract, and the contract is of course valid.

(b) A contract is invalid if the legal agent is unqualified and the counterparty is at fault;

(c) Legal representatives and responsible persons of legal persons and other organizations If a contract is entered into beyond the scope of authority and the counterparty knows or should know that it has exceeded authority, the contract shall be invalid.

Baidu Encyclopedia-Invalid Contract