Legal analysis
_ _ _ _ _ depends on how the effective terms in the contract are agreed. If the contract stipulates that the seal will take effect or there is no effective clause, then the contract without the official seal will not take effect. If it is stipulated in the contract, the contract will come into effect after being signed by the legal representatives of both parties, and whether or not to affix the official seal has no substantive impact. If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. One party must deliberately take advantage of the disadvantage of the other party, that is, the actor must know the position of the other party, know the obviously unfair of the contract concluded between them, and consciously take advantage of it. Simply exceeding a certain multiple of the market price, average profit and average price difference in the transaction results should not be considered as obviously unfair. Because obviously unfair aims to correct the unfairness caused by freedom of contract, it is not to interfere with the self-interest adjustment of the parties through contract. As long as the contracting process is fair, the law should focus on providing fair trading rules and trading order for the parties, rather than directly concluding a fair and reasonable contract for the parties. Unequal trading results themselves should not be regarded as obviously unfair.
legal ground
People's Republic of China (PRC) Civil Code
Article 151 If a party takes advantage of a person's danger and lacks judgment, resulting in obviously unfair when a civil juristic act is established, the injured party has the right to request the people's court or an arbitration institution to cancel it.
(1) The party concerned fails to exercise the right of cancellation within one year from the date of knowing or should have known the reason for cancellation, and within 90 days from the date of knowing or should have known the reason for cancellation; (2) The party concerned is coerced and fails to exercise the right of cancellation within one year from the date when the coercion is lifted; (3) After the parties know the reasons for cancellation, or explicitly give up the cancellation right by their own actions. If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.