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In accordance with the fundamental principle of the accessory attribute of the guarantee system, when a principal contract is invalid for breaching the bidding regulations, its accessory contract, namely a guaranty contract, even having the stipulation that parties will voluntarily assume the guarantee liability when the principal contract is invalid, shall still be determined as invalid.

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Hangzhou Steam Turbine Engineering Co., Ltd. v. Xinjiang Altay Jinhao Iron Industry Co., Ltd. and Xinjiang Tulufan Yurun Iron and Steel Industry and Trade Co., Ltd., et al.

  • 章节

  • 发表日期：

    2025年

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  • Dongmin Wang,
  • Jinqi Hao

摘要

In accordance with the fundamental principle of the accessory attribute of the guarantee system, when a principal contract is invalid for breaching the bidding regulations, its accessory contract, namely a guaranty contract, even having the stipulation that parties will voluntarily assume the guarantee liability when the principal contract is invalid, shall still be determined as invalid.