Urgent! A friend signed a restaurant shareholding agreement, and I don t know if the terms in it are

Updated on Restaurant 2024-03-28
2 answers
  1. Anonymous users2024-01-23

    Article 40 of the Contract Law stipulates that if a standard clause falls under the circumstances provided for in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts its liability, increases the liability of the other party, or excludes the main rights of the other party, the clause shall be invalid.

    If you want to get back the shares, you can sue the other party and ask for the termination of the contract. However, in the case of dismissal of the lawsuit, there must be a statutory condition for dismissal. If there is only an overlord clause in the contract, then only this clause is invalid, not the entire contract. This should be noted.

    If you renege, you can consider it, for example, because force majeure makes it impossible to achieve the purpose of the contract (it is a force majeure in a special period, but it must be proved that it will "cause the purpose of the contract to be unable to be achieved"), such as fraud, coercion, material misunderstanding when entering into the contract, or one or both parties do not have the corresponding civil capacity.

    Therefore, if you want to terminate the contract and withdraw your shares, you must find a foothold; Whether there is an overlord clause or not, it is not very important. What's more, it is normal for major shareholders to have the final say.

  2. Anonymous users2024-01-22

    You can't see that this contract is an overlord contract, if it is a contract that was signed by fooling, you can ask the court to revoke it if you have evidence. Otherwise, if your friend wants to get his share money back, he will have to negotiate with the other party.

Related questions
2 answers2024-03-28

The structure of the restaurant is not a pure wooden house, the wood is mixed with bricks and tiles, and there is a small pier into the water, and the structure of the tables and chairs is reasonable but the defect is not completely wood.

1 answers2024-03-28

Summarize it yourself! It's a work report!

1 answers2024-03-28

1.Market Surroundings Survey This includes footfall, façade costs, and so on. >>>More

2 answers2024-03-28

There's so much to count here, and no one else can help you. >>>More

2 answers2024-03-28

There is an urgent need for the latest EXCEL account statements in the fish catering industry, including financial daily statements, monthly statements, income statements, etc. There is also that kind of front hall wine and water report Qi Zai. Thank you! E-mail: Poor Chop.