合同显失公平
- apparent unfairness of a contract;apparently unfair contract
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(二)在订立合同时显失公平的。
( ii ) the contract was grossly unconscionable at the time of its conclusion .
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对于订立合同时显失公平的合同,受损害方或不利益方享有撤销权。
When exercising the contract cancellation right , the party have a right to petition to the People 's Court or an arbitration institution to cancel the contract .
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该制度体现了法的公平正义精神,系对当事人因不正常风险致使合同履行显失公平时的法律救济。
This system demonstrates the equality and justice of law , and is a legal remedy to the client when it is obviously unfair to perform a contract in the case that some unforeseen risks exist .
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专利权人获得的专利许可费或者转让费,在专利无效后专利许可合同或者转让合同显失公平的,可作为可撤销合同处理。
After the patent is invalid , the patentee obtained the patent licensing fees or transfer fee are unfair , and patent license contract or transfer contract can be used as revocable contract processing .
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合同在不正当的或者危险情况的影响下订立,合同条款显失公平的;
The contract has been entered into under undue influence or the influence of danger and its terms are obviously inequitable ;
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实践中,演艺经纪合同无效的主要原因在于违反法律、行政法规的强制性规定,而演艺经纪合同可变更或者撤销的主要原因在于订立合同时显失公平。
In practice , the invalid performance brokerage contracts mainly are due to " violating laws and administrative regulations " . The revocable performance brokerage contracts mainly are due to " obvious unfair to make the contract " .