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According to the relevant provisions and combined with practice, the parties may change the contract mainly for the following reasons:
1.The contract cannot be performed due to force majeure.
If part of the obligations agreed in the contract cannot be performed due to force majeure, the parties may modify the contract. If the force majeure makes it impossible to perform all obligations, the contract should be terminated instead of modified.
2.The contract is changed due to a change in circumstances that makes the performance of the contract obviously unfair.
The situation mentioned here does not include business risks. The so-called situation refers to the objective situation that the parties cannot foresee and cannot overcome at the time of entering into the contract, so that the performance of the contract will be meaningless to one party or cause significant damage. The change of circumstances is similar to the above-mentioned change of force majeure, but the situation does not include force majeure, but refers to objective circumstances other than force majeure that are beyond the control of the parties, and are generally considered to include national economic policies (including directive plans) and socio-economic situations.
The main difference between a change of circumstances and force majeure is that force majeure makes the contract impossible to perform, and a change of circumstances makes the performance of the contract manifestly unfair.
3.Modification of the contract due to breach of contract by the parties.
If the contract is modified due to the breach of contract by the parties, the innocent party is actually given the right to request the modification of the contract. The breach of contract here refers to the failure of the parties to perform according to the contract.
3.Modification of the contract due to breach of contract by the parties.
If the contract is modified due to the breach of contract by the parties, the innocent party is actually given the right to request the modification of the contract. The breach of contract here refers to the failure of the parties to perform according to the contract.
4.Changed because the expression of intent was untrue at the time of conclusion.
According to the Contract Law, the following contracts with untrue expressions of intent may be changed: (1) contracts concluded due to material misunderstandings. (2) Obviously unfair contracts.
3) A contract entered into by one party fraudulently. (4) A contract entered into by coercion by one party. (5) A contract concluded by one party taking advantage of the danger of others.
The above-mentioned contract violates the basic principles of fairness, good faith and credibility determined by the Contract Law, and is contrary to the true intention of the injured party.
5.The contract is changed voluntarily by the parties.
The voluntary nature of the parties here refers to the fact that, in addition to the above four reasons, the parties modify the contract in accordance with the principle of autonomy of will for other reasons without violating the provisions of the law or harming the interests of the state or the public interest. According to Article 78 of the Contract Law, the contract may be modified upon the consensus of the parties.
In reality, many parties voluntarily change the contract.
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The reasons for the contract change include:
1. The contract cannot be performed due to force majeure;
2. The performance of the contract is obviously unfair due to changes in the situation;
3. The contract is changed due to the breach of contract by the parties;
4. It is changed due to the untruthfulness of the intention at the time of conclusion;
5. The contract is changed due to the willingness of the parties.
Legal basis] According to Article 78 of the Contract Law, the contract may be modified upon the consensus of the parties.
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Legal Analysis: The reasons for the change of the contract include the following aspects:1
The contract cannot be performed due to force majeure. 2.The contract is changed due to a change in circumstances that makes the performance of the contract obviously unfair. 3.The contract is changed due to the breach of contract by the parties, and the contract is changed due to the breach of contract by the parties; 4.
Changed because the expression of intent was untrue at the time of conclusion. 5.The contract is changed voluntarily by the person who is in charge.
Legal basis: Civil Code of the People's Republic of China
Article 543: The parties may modify the contract by consensus.
Article 544:Where the parties do not make clear the content of the contract modification, it is presumed that it has not been changed.
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Generally, the contract is changed for the following reasons: 1. The contract cannot be performed due to force majeure: 2. The contract is changed due to the obvious unfairness of the performance due to the change of circumstances; 3. Change the source of the contract due to the breach of contract by the parties; 4. It is changed due to the untruthfulness of the intention at the time of conclusion; 5. The contract is changed due to the willingness of the parties.
Article 543 of the Civil Code provides that the parties may change the contract by consensus.
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Legal analysis: 1. The contract cannot be performed due to force majeure; 2. The performance of the contract is obviously unfair due to changes in the situation; 3. The contract is changed due to the breach of contract by the parties; 4. It is changed due to the untruthfulness of the intention at the time of conclusion; 5. The contract is changed due to the willingness of the parties.
Legal basis: Article 543 of the Civil Code of the People's Republic of China The parties may change the contract by mutual agreement.
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Legal analysis: The reasons for the change of the contract include the aspects of wax sales: 1
The contract cannot be performed due to force majeure; 2.The performance of the contract is obviously unfair due to changes in circumstances; 3.The contract is changed due to the breach of contract by the parties; 4.
Changed because the expression of intent was untrue at the time of conclusion. 5.The contract is changed voluntarily by the parties.
Legal basis: Civil Code of the People's Republic of China
Article 543: The parties may modify the contract by consensus.
Article 544:Where the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed.
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1. The contract cannot be performed due to force majeure;
2. The performance of the contract is obviously unfair due to changes in the situation;
3. Modification of the contract due to breach of contract by the parties;
4. It is changed due to the untruthfulness of the intention at the time of conclusion;
5. The contract is changed due to the willingness of the parties.
1. What are the principles of contract performance?
The basic principles of contract performance are as follows: 1. The principle of full performanceThe principle of full performance, also known as the principle of proper performance or the principle of correct performance. It requires the parties to fully complete the performance of their contractual obligations in accordance with the quality and quantity of the subject matter agreed in the contract, the performance period, the place of performance, the appropriate performance method, and the contract agreed in the contract.
2. The principle of good faith The parties shall follow the principle of good faith and perform the obligations of notification, assistance, confidentiality and other obligations according to the nature, purpose and transaction habits of the contract. This provision can be understood as a confirmation of the basic principle of good faith in the performance of the contract. 3. The principle of cooperative performanceThe principle of cooperative performance refers to the performance principle that the parties should not only properly perform their own contractual debts, but also assist the other party in performing their debts based on the requirements of the principle of good faith.
4. The principle of change of circumstancesChange of circumstances refers to the change in the basis of the formation of the contract due to reasons not attributable to both parties after the effective conclusion of the contract but before the performance, and the continued performance of the contract will cause obvious unfair consequences. In such cases, the law allows the parties to change the content of the contract or terminate the contract in order to eliminate the unfair consequences. The essence of the change of circumstances is the specific application of the principle of good faith.
Civil Code of the People's Republic of China
Article 543: The parties may modify the contract by consensus.
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Legal analysis: the reasons for the change of the contract: 1. The parties can change the content of the contract by consensus; 2. Change the basis due to the untruthfulness of the intention at the time of conclusion; 3. Modification of the contract due to breach of contract by the parties; 4. The performance of the contract is obviously unfair due to changes in the situation; 5. If the contract cannot be performed due to force majeure, it will be changed.
Legal basis: Article 543 of the Civil Code of the People's Republic of China.
The parties may change the contract by consensus.
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The main reasons for the contract change are:
1. There is a major change that is unforeseeable by the parties and is not a commercial risk, and it is obviously unfair to one party to continue to perform the contract;
2. Part of the contract cannot be performed due to force majeure.
[Legal basis].Article 533 of the Civil Code of the People's Republic of China.
After the conclusion of the contract, if there is a major change in the basic conditions of the contract that the parties could not foresee at the time of entering into the contract and are not commercial risks, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.
The people's court or arbitration institution shall, in consideration of the actual circumstances of the case, negotiate the modification or termination of the contract in accordance with the principle of fairness.
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