“nominal consideration”是什么意思?

360影视 日韩动漫 2025-09-10 09:24 1

摘要:指与合同标的物的实际价值无关的对价,如在土地买卖契据中载明一块土地以一美元价格出售,或者并无实际的对价转移,或者真正的对价已被隐藏起来。有时也表示为交易目的而故意抬高或夸大的财产价值。这类对价可以有效,因为除事关欺诈或胁迫外,法院通常并不审查对价的充分性。又称

nominal consideration 名义对价;象征性对价

指与合同标的物的实际价值无关的对价,如在土地买卖契据中载明一块土地以一美元价格出售,或者并无实际的对价转移,或者真正的对价已被隐藏起来。有时也表示为交易目的而故意抬高或夸大的财产价值。这类对价可以有效,因为除事关欺诈或胁迫外,法院通常并不审查对价的充分性。又称「胡椒子」对价〔peppercorn〕。

Nominal consideration is an offer from one party of an agreement to another party that doesn't have any value in relation to the consideration being offered by the other party. On occasion, nominal consideration can support a contract that is enforceable, but only if the consideration is still acceptable according to the terms and conditions of the contract. In a contract, nominal consideration is considered a slight formality of a contrived exchange. For example, Party A wants to enter a contract to give Party B $5,000 and requests that Party B gives them a pencil in return. The promise from Party B is inconsequential to the promise of the larger gift from Party A, but adding the promise of a return item in exchange for the money makes the agreement enforceable by law. Normal gift promises aren't enforceable. 相关例句如下,可供参考:

例句1

Nominal consideration is less effective when done as part of a gift promise because there is bigger risk for one party. On the other hand, a civil court defines methods in their statutes instead of using nominal consideration. This type of consideration could explain what the parties have actually agreed to do.

当作为礼物承诺的一部分时,名义对价不太有效,因为一方有更大的风险。另一方面,民事法院在其规约中定义方法,而不是使用名义对价。这种对价可以解释双方实际上同意做什么。

例句2

If the goods or services being offered weren't part of the bargained exchange, it is considered a pretense. When that occurs, the contract allows for nominal consideration, which usually takes the form of a small amount of money. If the parties never intended for the money to be paid, it is considered pretense and becomes “sham” consideration. According to U.S. law, both nominal and sham consideration are pretense and don't establish consideration.

如果提供的商品或服务不是议价交易的一部分,那就被认为是一种借口。当这种情况发生时,合同允许名义对价,通常采取少量货币的形式。如果双方从未打算支付这笔钱,这被视为借口,成为“虚假”的对价。根据美国法律,名义对价和虚假对价都是借口,不能成立对价。

例句3

Nominal consideration can be useful when one or both parties want to hide details of the transaction from public records. Real estate transactions are always part of public record, but using nominal consideration can hide the actual value of the property. Instead of saying the actual cost of the property, the record would say that the payment on a house was $10. This often occurs if the buyer or seller wants to hide the actual amount of the payment.

当一方或双方想要从公共记录中隐藏交易的细节时,名义对价可能是有用的。房地产交易总是公开记录的一部分,但使用名义对价可以隐藏财产的实际价值。记录上说的不是房产的实际成本,而是房子的租金是10美元。如果买方或卖方想要隐藏实际付款金额,这种情况经常发生。

例句4

Nominal consideration is also used when paying certain high-level officials, such as Michael Bloomberg, the mayor of New York City, and his daughter who also works for the city. They are both paid an annual salary of $1 a year, which is viewed as nominal consideration.

支付给某些高级官员时,也会使用名义对价,比如纽约市市长迈克尔·彭博和他也在纽约工作的女儿。他们的年薪都是1美元,这被视为名义对价。

来源:发发教育

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