What to do with the creditor s refusal to accept the debtor

You can make a deposit and withdrawal, please consult the local branch office for details.

Legal Analysis: 1. How to deal with the creditor's refusal to receive.

The creditor refuses to receive it without justifiable reasons. A lawfully established contract is legally binding on the parties, which not only means that the debtor should perform the debt according to the agreement, but also means that the creditor should accept the repentance and receive the subject matter of the debt when the debtor performs the debt according to the agreement. If the creditor refuses to take the subject matter, it will be difficult for the debtor to perform the debt.

Therefore, if the creditor refuses to accept the debt without justifiable reasons when the debtor performs its obligations, the debtor may deposit the subject matter. In China, the current deposit and withdrawal department is a notary public. Pre-sock wax.

2. Transfer of obligations of the debtor.

If the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor. Where laws or administrative regulations provide that formalities such as approval and registration shall be handled for the transfer of rights or obligations, follow those provisions.

With the consent of the other party, one of the parties may transfer its rights and obligations under the contract to a third party.

Legal basis: Article 570 of the Civil Code of the People's Republic of China If it is difficult to perform the debt under any of the following circumstances, the debtor may deposit the subject matter:

1) The creditor refuses to receive it without justifiable reasons;

2) the whereabouts of the creditor are unknown;

3) The creditor dies without determining an heir or loses civil capacity and does not determine a guardian;

4) Other circumstances provided for by law.

If the subject matter is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter in accordance with the law, and the price obtained from the deposit may be obtained.

In order to protect the interests of the debtor, the Civil Code has added provisions on the legal consequences of the creditor's refusal to accept without justifiable reasons. The creditor's refusal to accept the debt without justifiable reasons means that the debtor has performed the debt in accordance with the agreement or submitted a request for performance of the debt, and the creditor has failed to accept or assist without reason.

Refusal to receive is broadly defined to include circumstances such as delay in receiving or refusal to receive by one's own conduct, either explicitly or by one's own conduct. If the creditor refuses to accept the claim without justifiable reasons, the debtor may request the creditor to compensate for the increased expenses incurred by the debtor. The so-called additional costs to the debtor include the cost of transporting the goods to and from the debtor, the necessary expenses for the custody of the payment, and other expenses.

Legal basis: Civil Code of the People's Republic of China Article 589 If the debtor performs the debt in accordance with the agreement and the creditor refuses to accept it without justifiable reasons, the debtor may request the creditor's right inspector to compensate for the increased expenses.

The debtor is not required to pay interest during the delay in receipt by creditors.

The creditor may refuse the debtor's early performance of the debt, unless the early performance does not harm the interests of the creditor. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt. The performance of a contract refers to the execution of obligations under the contract.

The execution of any obligations under the contract is the performance of the contract, and any failure to perform the obligations under the contract is a non-performance of the contract.

Therefore, the performance of the contract is manifested in the performance of the parties' obligations to be jointly adjudicated. When the contractual obligations are executed, the contract is also fulfilled. Such as delivering goods, providing services, paying remuneration or price, completing work, keeping confidentiality, etc.

According to the law, the creditor may refuse the debtor's early performance of the debt, unless the early performance does not harm the interests of the creditor. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt. Therefore, if the debtor requests early delivery, the creditor may not agree.

1. What should I do if the contract boss does not perform.

Refusal to perform a contract is a breach of contract and does not constitute a violation. Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the contract. If the debtor clearly states that it will not perform its debts at the end of the debt performance period, the following legal consequences will arise:

1. The creditor has the right to terminate the contract.

2. The debtor bears the liability for breach of contract.

3. The creditor has the right to require the debtor to continue to perform the debt.

4. In a slipped sales contract, after the debtor refuses to perform, it shall not use the right of simultaneous performance as a defense. When the creditor has the obligation to perform first, the creditor has the right to refuse its own performance.

2. What are the criteria for the completion of the contract?

The performance of a contract is manifested in the performance of contractual obligations by the parties. When the contractual obligations are executed, the contract is also fulfilled.

Contract performance refers to the execution of obligations under the contract. The performance of any obligation under the contract is the performance of the contract; Correspondingly, any failure to perform an obligation under the contract is a failure to perform the contract. Therefore, the performance of the contract is manifested in the performance of the contractual obligations of the parties.

When the contractual obligations are executed, the contract is also fulfilled.

Article 530 of the Civil Code of the People's Republic of China provides that a creditor may refuse the debtor's early performance of the debt, except where the early performance does not harm the interests of the creditor.

The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.