Legal information

Introduction to the article: The demolition compensation and resettlement agreement is an agreement entered into by the demolition party, the demolished person, and the lessee to clarify the rights and obligations in the house demolition compensation and resettlement. It is a contract that stipulates the civil rights and obligations between the demolition parties. Is the resettlement compensation agreement you signed valid?

1. Agreements (contracts) signed in these ways are invalid

1. One party concludes a contract by means of fraud or coercion, harming national interests;

2. Malicious collusion to harm the interests of the country, the collective or a third party;

3. Use legal forms to conceal illegal purposes;

4. Damage social and public interests;

5. Violate the mandatory provisions of laws and administrative regulations.

2. For this type of agreement, one party has the right to request the people's court or arbitration institution to change or cancel it.

1. Contracted due to major misunderstanding;

2. It is obviously unfair when entering into the contract.

3. If one party uses fraud, coercion or takes advantage of others' danger to cause the other party to enter into a contract against its true intention, the injured party has the right to request the people's court or arbitration institution to change or cancel the contract. If the Yingting Court considers that the parties request a change, the people's court or arbitration institution shall not revoke it.

3. The right to cancel shall be extinguished in any of the following circumstances.

1. The party with the right of revocation fails to exercise the right of revocation within one year from the date when he knew or should have known the reason for revocation;

2. The party with the right to rescind clearly expresses or waives the right to rescind by his own behavior after knowing the cause of revocation.

4. Legal Consequences of Invalid Contract

1. An invalid contract or a canceled contract has no legal binding force from the beginning. If part of a contract is invalid, it does not affect the validity of other parts, which remain valid.

2. If the contract is invalid, revoked or terminated, it will not affect the validity of the independently existing clauses on dispute resolution methods in the contract.

3. After the contract is invalid or revoked, the property obtained as a result of the contract shall be returned; if it cannot be returned or there is no need to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the resulting losses. If both parties are at fault, they shall each bear corresponding responsibilities.

4. If the parties maliciously collude and harm the interests of the state, the collective or a third party, the property obtained thereby shall be taken back to the state or returned to the collective or the third party.

Yingting Demolition Team reminds you:

1. You need to be careful when signing any agreement. You must keep a copy of the original. If you cannot keep it, you must take photos. Some signatures cannot be redeemed, and even if you can redeem some, you will have to pay more.

2. Signing an agreement does not mean it is valid. If you use deceptive means to get the demolished person to sign, you can still sue even if you receive compensation.

3. Although the demolition compensation agreement is an administrative contract, the basic provisions of the contract law are also applicable. The demolition compensation agreement is not administratively mandatory and requires the true expression of intention of both parties. Compensation contracts signed due to fraud or coercion are invalid.

4. Don’t be afraid because the demolition parties are deceived or intimidated. The demolition compensation standards are not mandatory regulations by the government. The Yingting Demolition Group believes that if you are dissatisfied with certain administrative actions and are dissatisfied with the expropriation decision or compensation standards, the expropriated person can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation. In practice, if you want to prove that you signed under duress or fraud, you need sufficient and strong evidence to prove it. Pay attention to collecting evidence legally and safeguarding your own legitimate rights and interests.