China Naming Network - Auspicious day query - How to determine the validity of "Feng Shui" contract?

How to determine the validity of "Feng Shui" contract?

After signing the contract, Haifeng Company paid Zhao 3, yuan. During the subsequent performance of the contract, Zhao conducted a "Feng Shui" survey for the site and workshop of Haifeng Company, positioned the site, workshop, office, workers' dormitory, canteen and road according to the requirements of the Book of Changes, broke ground on the auspicious day, named the company "Baby Crafts Company", predicted its overseas business with gossip, and hung Yin and Yang in different parts of the office building and workshop of the factory. According to the agreement, Zhao asked Haifeng Company for the balance of 15, yuan, and Haifeng Company refused to pay. Is the contract signed by Zhao consulting both parties legal and valid? Is the debt relationship stipulated in the contract established? Disagreement: There are two opinions on the handling of this dispute. The first opinion is that the contract signed by both parties should be invalid according to law, and Zhao's appeal is not supported according to law. The second opinion is that the contract signed by both parties is valid and the creditor's rights and debts of both parties are established. The author agrees with the first opinion. The reasons are as follows: First, the contract signed by Zhao and Haifeng Company involves superstitious activities, which violates the basic spirit of the contract law, and the contract between the two parties should be determined to be invalid according to law. Article 7 of the Contract Law of the People's Republic of China stipulates: "When concluding and performing a contract, the parties shall abide by laws and administrative regulations and respect social morality, and shall not disturb the social and economic order or harm the interests of the public." In this case, the contract signed by the plaintiff and Haifeng Company is mainly about feng shui adjustment, which belongs to superstitious activities in specific civil activities and is not protected according to law. China's geomantic theory mainly studies the residential terrain environment, the five elements of yin and yang, the birthday of the cadres, the four seasons and five parties, the gossip and nine winds, and the three-dimensional operation. In this case, Zhao's service object for Haifeng Company's style adjustment is a production and operation enterprise, and Zhao's geomantic adjustment process for the company is full of superstition. Zhao is a charlatan, so it is impossible to provide a scientific design scheme for the layout of office space and production workshop of Haifeng Company, and it is impossible to predict and standardize the scientific development of the company. Instead, he just uses the master principle of geomantic theory to conduct geomantic exploration on the workshop of the company's site, choose a lucky spot for it, name the factory, adjust the so-called unfavorable magnetic field by using Yin-Yang Eight Diagrams and Bell Geomantic Tools, and predict its business at home and abroad by using Zhouyi Eight Diagrams. There is no scientific basis. This can't be said to be a technical service clearly stipulated in the contract law, nor can it solve specific technical problems for Haifeng Company. Zhao's attempt to control and manipulate Haifeng Company's direction and future trend with spiritual strength is really absurd. Zhao is neither a god nor a superpower, and can predict the future by adjusting Yin and Yang gossip with his geomantic omen? This has nothing to do with the production and operation of Haifeng Company, which can neither improve the efficiency nor guarantee the product quality and market sales. Therefore, Zhao's behavior should be regarded as superstitious activity, and the two parties conclude a contract without protection according to law, and the debt relationship cannot be established according to law. Second, the actions of the former and Haifeng Company not only violate social public order and good customs, but also violate Scientific Outlook on Development, which is not conducive to the production, operation and healthy development of this enterprise. In this case, Haifeng Company also has certain responsibilities. Wei, the legal representative of Haifeng Company, believes in the theory of geomantic omen, that is to say, he is superstitious that geomantic omen adjustment will bring good luck, auspiciousness and benefits to the factory, so he voluntarily signed a contract with Zhao for geomantic omen adjustment. The content and implementation of this contract run counter to the good habits advocated by the society, such as stressing morality, being honest and trustworthy, stressing science, loving learning, daring to start businesses, being thrifty and abiding by the law.