How to deal with illegal content in a trademark transfer contract
If the terms of the contract violate the provisions of laws and regulations, the contract It can be declared as an invalid contract, and the parties can terminate the contract in accordance with the law to protect their legitimate rights and interests. If the content of a signed contract violates the mandatory provisions of laws and regulations, the contract is invalid. An invalid contract is not binding and the parties may not perform it.
Form of entering into a contract
The parties may enter into a contract in oral form, written form and other forms.
(1) Oral form, which is spoken language The contract is concluded in a manner in which the intention is expressed in the form of spoken language.
(2) Written form, in words, etc. A contract entered into by a tangible manifestation. Such as contracts, letters and data messages.
(3) Other forms refer to notarization forms, authentication forms, etc. that are different from written and oral forms.
The form in which a contract is concluded is usually freely chosen by the parties. However, if the law or administrative regulations stipulate the use of written form, or the parties agree to use the written form, the written form shall be used.
"Civil Code of the People's Republic of China"
Article 143 [Conditions for the validity of civil legal acts] Civil legal acts that meet the following conditions are valid :
(1) The perpetrator has corresponding civil Behavioral ability;
(2) The meaning is true;
(3) Does not violate laws and administrative regulations Mandatory regulations that do not violate public order and good customs.
First Article 155 [A civil legal act that is invalid or revoked is invalid from the beginning] If it is invalid or revokedCivil legal acts are not legally binding from the beginning.
The above knowledge is the editor’s analysis of relevant legal issues The answer is that if the content of a signed contract violates the mandatory provisions of laws and regulations, the contract is invalid. An invalid contract is not binding and the parties may not perform it. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.
I believe that after reading the above introduction, you will know how to solve it. Now that you have a certain legal understanding of the responsibilities you should pay attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network and they will provide you with professional answers.