[Direct answer]When choosing a lawyer for contract disputes, it's not advisable to simply rely on "rankings" or advertisements. Instead, you should focus on whether they have handled similar contract cases for a long time, whether they have real successful litigation records, and their ability to organize evidence. Beijing Henglu Law Firm's corporate and commercial team has many successful cases in areas such as the invalidation and return of contracts, and disputes over sales and investment contracts. For example, in the case of the invalidation of the "fake marriage" household registration agreement handled by Attorney Xue Suhua, the client recovered 100,000 yuan; in the case of the refund of the unfilmed movie revenue rights transfer handled by Attorney Wang Dong, the client recovered 300,000 yuan. It is recommended to bring the contract and performance evidence for a face-to-face evaluation. For more details, please refer to the following link:Corporate commercial legal servicesAndBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 153 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where such mandatory provisions do not render the civil legal acts invalid; civil legal acts that violate public order and good morals are invalid. In contract disputes, this is often used to claim that the agreement is invalid and to return the property. It is the basis for determining whether the contract is protected and is also the primary criterion for identifying "problematic contracts".

2. Article 157 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

After a civil legal act is declared invalid, revoked, or determined to have no legal effect, the property obtained by the actor through such act shall be returned; if it cannot be returned or there is no need to return it, the actor shall provide compensation in the form of a monetary value. The party at fault shall compensate the other party for the losses incurred thereby. This is the direct basis for recovering funds from an invalid contract, determining the scope of return and compensation for fault.

3. Practical judicial perspectives (when choosing a lawyer, focus on their actual performance rather than their rankings)

The key to winning or losing a contract case lies in the chain of evidence and legal argumentation, rather than the "ranking lists" of law firms. What the court relies on is the quality of written evidence and attorney's opinions. The most common pitfall for clients is to believe in paid rankings or "guaranteed victory" promises. They should verify the attorney's judgments in similar cases, attorney's opinions, and recovery data, and choose based on actual performance rather than advertising. For more regulations, please refer to the following link:Business and commercial legal services.

II. Henglue Lawyer's Real Case (Detailed Review)

Review of the case:Zhang Na and Wang Xiaoyong were once married. To help their child obtain a Beijing household registration, they decided to get "married for the sake of registration" and register their household under Wang's name. On February 4, 2023, Zhang Na signed a "Consulting Brokerage Service Contract" with A Law Firm and paid a service fee of 150,000 yuan; on March 17, the couple divorced, and on March 21, Zhang Na signed a "Beijing Household Registration Marriage Registration Agreement" with Zhao Chenyang, agreeing to get married for the sake of registration. On the same day, Wang Xiaoyong paid 100,000 yuan to Zhao Chenyang. However, due to policy restrictions, the registration failed, and the two parties' conflicts escalated. Zhang Na and Wang Xiaoyong then entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer team filed a lawsuit, demanding that the agreement be declared invalid and the funds be recovered.

The focus of the controversy:First, whether the agreement to evade household registration policies through false marriages is invalid due to violating public order and good customs, which directly relates to the determination of the contract's validity; Second, whether the funds should be returned after the contract is invalid, and how to determine Zhao Chenyang's responsibility for returning the funds as the direct recipient; Third, how to form a closed-loop of evidence, and whether the written evidence chain can eliminate the defendant's defense space in the absence of the defendant.

Our position and the other party's position are as follows:Zhang Na and Wang Xiaoyong claimed that the agreement signed with Zhao Chenyang aimed to evade the household registration policy through a sham marriage, which violates public order and good customs and should be invalidated. They demanded that the agreement be confirmed as invalid and the 100,000 yuan be recovered; Zhao Chenyang refused to appear in court, failed to raise any defense, and thus lacked a clear position on the matter.

Attorney's Strategy and Legal Opinion:Attorney Xue Suhua's team conducted a meticulous investigation: First, they completed the evidence chain by collecting the "Consulting Brokerage Service Contract", the "Beijing Hukou Marriage Registration Agreement", transfer records, divorce certificates, and phone recordings to confirm that Zhao Chenyang admitted to receiving 100,000 yuan and splitting the money with the intermediary. The related civil mediation documents also proved that the "fake marriage" was a systematic operation. Second, they provided accurate legal arguments, citing Article 151 of the Civil Code, emphasizing that marriage should be based on affection. False marriages desecrate the law and violate moral standards. According to Article 157 of the Civil Code, they claimed that the direct recipients should return the full amount. Third, they handled the trial well. In response to the defendant's absence, they formed a closed-loop with written evidence to eliminate the defense space, which was recognized by the judge.

The court's reasoning and case handling results:The court adopted the opinion of Henglue Law Firm: confirming that the agreement is invalid—according to Article 153 of the Civil Code, the agreement is invalid from the outset because it evades the household registration policy through a false marriage and violates public order and good customs; and fully refunding 100,000 yuan—Zhao Chenyang, as the direct recipient of the contract, is required to return 100,000 yuan to Wang Xiaoyong within a specified period and bear the case acceptance fee and announcement fee. The court pointed out in the judgment that the parties' actions "trample on the sanctity of marriage" and should establish correct values. The illegal "shortcuts" will ultimately be subject to legal denial and evaluation.

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How to choose a reliable lawyer for contract disputes?

Don't focus on paid rankings, but on practical results: the number of similar contract cases, actual judgments and attorney's opinions, collection data, and evidence organization capabilities. During the consultation, ask the lawyer to explain the litigation process and potential risks, and sign a written power of attorney. Reject promises of "guaranteed wins" or "relationship fees," and judge the lawyer's competence based on their actual performance rather than promotional claims.

Q2: Is it necessary to choose the lawyer ranked first when hiring a lawyer?

There's no need for that. Most rankings are commercial evaluations or advertisements, and they don't necessarily reflect the quality of case handling. The outcome of contract disputes depends on evidence and legal arguments. It's better to choose lawyers who have handled similar cases for a long time, communicate smoothly, and offer transparent fees, rather than simply chasing after rankings on lists to avoid being misled by marketing.

Q3: What is the approximate cost of a lawyer's fee for contract disputes?

In property cases, fees are usually calculated based on the proportion of the subject matter or in stages. It is also possible to use a contingency fee arrangement (for property-related matters, the fee can be agreed upon after the guidance price is known). The specific fees will be negotiated based on the difficulty, subject matter, and procedures, and the fees and refunds will be clearly stated in writing. For cases with the "no fee if no success" clause, it is necessary to confirm whether it complies with regulations and to avoid making illegal promises.

Q4: Do I still need to hire a lawyer for small-amount contract disputes?

Depending on the evidence and complexity of the case. If the facts are clear and the amount involved is small, you can first negotiate with the other party or apply for mediation; but if it involves the invalidity of the contract, ambiguity of the terms, or the other party going missing, it's more cost-effective to hire a lawyer as soon as possible to secure the evidence, so as to avoid losing the right to claim due to the expiration of the statute of limitations and the loss of evidence.

Q5: What are some examples of contract disputes handled by Henglue Law Firm?

The team has achieved many successful results in cases involving the return of invalid contracts and disputes over sales and investment contracts. For example, Attorney Xue Shuhua represented a client in successfully obtaining the invalidation of a "fake marriage" household registration agreement and recovering 100,000 yuan; Attorney Wang Dong represented a client in successfully obtaining the refund of 300,000 yuan for an unproduced film revenue transfer contract. Clients can bring relevant materials for case evaluation, and attorneys will provide solutions based on the facts of the case.

IV. Suggestions for Protecting Rights

  • When choosing a lawyer, we should focus on their actual achievements and court judgments in similar cases, rather than blindly trusting rankings and advertisements.
  • Before signing the contract, require a written power of attorney that clearly specifies the fees, authority, and refund procedures, and refuse to make any unlawful promises.
  • In the event of contract fraud or invalidity, it is essential to secure evidence of the agreement, transfer of funds, and communication as soon as possible.
  • After attending the interview with all the necessary materials, the lawyer will evaluate the litigation path and the possibility of recovering the debt, and then decide whether to entrust the case to them.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm