English-Chinese Business and Legal Dictionary

Author: Yao Donghua et al. / Country:
Publisher:
Publish Date: 1999-01-01
Features: Excerpt
Marriage Damage to the Marriage System
Contract Law Treats Marriage as a Matter of Public Interest. According to this principle, the following contracts are deemed to violate public interest and are invalid:
(1) Contract Restraining Marriage
Marriage should be free. If a contract completely restricts one party from marrying, it will be declared an invalid contract due to violation of national social welfare.
(2) Marriage Brokerage Contract (Also Known as Marriage Introduction Contract)
The contract targeted here is one where a person charges a fee to introduce marriages for others. Therefore, the contract between the customer and the marriage brokerage agency is invalid. The purpose of this legal provision is to prevent improper marriages for the sake of public interest.
(3) Contract for Future Separation
A contract for immediate separation between spouses, if it is actually immediate separation, is valid and enforceable. However, a contract for future possible separation between spouses is invalid. For example, if a husband agrees to his wife that if she separates from him, he will draft a contract in advance for her, such a contract is invalid.
Contract for Services
Contract, Contracting Agreement, Contracting Agreement
A contract where an independent contractor (e.g., builder, architect, taxi driver) provides services to an employer. Therefore, the parties to a contracting contract are the employer and the independent contractor (often simply referred to as the contractor).
Contract in Unreasonable Restraint of Trade
Unreasonable Restraint of Trade Contract
Unless an restraint of trade contract can prove to be reasonable for both parties and the public, it is invalid. Whether the restraint is reasonable is a legal question.
Contract of Adhesion
Standard "Take It or Leave It" Contract
The contract cannot be renegotiated.
Contract of Exchange
Goods Exchange Contract
A goods exchange contract is a barter agreement. According to the provisions of the Goods Sales Ordinance, the consideration for a goods sales contract should be money. Therefore, pure goods exchange contracts are not within the scope of this ordinance.