商法 英文版 contract three.pptVIP

Regulating the bargaining process;1.Capacity of the parties;1.Capacity of the parties;1.Capacity of the parties;General Principles of The Civil Law ;;What is the legal effect on the contract? Article 47: A contract concluded by a person with limited civil capacity of conduct shall be effective after being ratified afterwards by the persons statutory agent, but a pure profit-making contract or a contract concluded which is appropriate to the persons age, intelligence or mental health conditions need not be ratified by his statutory agent. Voidable contract The opposite party may urge the statutory agent to ratify the contract within one month. It shall be regarded as a refusal of ratification if the statutory agent fails to indicate a decision. The bona fide opposite party has the right to rescind the contract before the contract is ratified. The rescission shall be made by means of notification. ;Can the minor use incapacity as a “sword” by seeking to have money paid returned to him or her? ;1.Capacity of the parties;;1.Capacity of the parties;2. Vitiating Factors;2.1 Misrepresentations;(1)Fraudulent misrepresentation;(1)Fraudulent misrepresentation;(1)Fraudulent misrepresentation;(2)Negligent misrepresentation;(3)Innocent misrepresentation;2.2 Duress;2.2 Duress;Example:;2.3 Mistake;Examples:;2.4 Undue influence;Example:;2.5 Unconscionability;Article 54: A party shall have the right to request the peoples court or an arbitration institution to modify or revoke the following contracts: (1) those concluded as a result of serious misunderstanding; (2) those that are obviously unfair at the time when concluding the contract.;3. Special regulations;Article 45: The parties may agree on some collateral conditions relating to the effectiveness of a contract. The contract attaches with conditions precedent shall be effective when such conditions are accomplished. The contract with conditions subsequent shall be void when such conditions are accomplished. To unfairly