1. Whether the conditions for the contract to take effect are met. The conditions for the contract to take effect include: whether the parties to the contract have civil capacity, whether the expression of will is true, and whether the contents of the contract violate laws and administrative regulations.
Second, according to whether the relevant legal contracts are invalid, such as contracts signed by people without civil capacity, contracts signed by the actor and the relative party with false intentions, contracts that violate the mandatory provisions of laws and administrative regulations and public order and good customs, contracts in which the actor and the relative party maliciously collude to harm the legitimate rights and interests of others, etc.
In addition, it should be noted that although the contract was signed on the basis of major misunderstanding, fraud, fraud by a third party, coercion, etc. If it is not invalid, the parties may apply to an arbitration institution or a people's court for cancellation. After the termination of the contract, it is invalid from the beginning.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.
Article 145 A civil juristic act that is purely beneficial or suitable for a person with limited capacity for civil conduct is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.
The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. If the legal representative fails to express it, it shall be deemed as refusal to ratify it. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
Article 146 A civil juristic act by the actor and the counterpart with false intention is invalid.
The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.
Article 147 The actor has the right to request a people's court or an arbitration institution to cancel a civil juristic act committed due to a major misunderstanding.
Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the aggrieved party has the right to request the people's court or an arbitration institution to cancel it.
Article 149 If a third party commits a civil juristic act against its true meaning due to fraud, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.
Article 151 If a party takes advantage of a person's danger and lacks judgment, resulting in obviously unfair when a civil juristic act is established, the injured party has the right to request the people's court or an arbitration institution to cancel it.
Article 153 A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
A civil legal act that violates public order and good customs is invalid.
Article 154 A civil legal act in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid.
Article 155 A civil juristic act that is invalid or revoked is not legally binding from the beginning.