Can I terminate the contract after the expiration of the period for exercising the right to rescind

Article 60 of the Contract Law stipulates that the parties to a contract shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. The right to terminate the contract is the right of the parties to the contract to terminate the contract in accordance with the contract or the provisions of the law, and its exercise directly leads to the legal consequences of the extinction of the rights and obligations of the contract.

The right of rescission is a type of formation right, that is, the right holder can make the civil legal relationship occur, change or terminate according to his unilateral will. The exercise of the right of rescission will cause major changes in the contractual relationship, and if the party enjoying the right of rescission does not exercise the right of rescission for a long time, the contractual relationship will be in a state of uncertainty and affect the enjoyment of the rights of the parties and the performance of their obligations. Therefore, the right of rescission should be exercised within a certain period of time.

Specifically, it is divided into two situations: one is in accordance with the time limit for exercising the right of rescission stipulated by law or agreed by the parties, and if the party fails to exercise it after the expiration of the time limit, the right shall be extinguished; Second, if the law does not provide for the exercise of the right of rescission within a reasonable period of time after the other party's reminder, or the parties have not agreed on the time limit for exercising the right of rescission, if the right of rescission is not exercised within a reasonable period of time, the right of rescission shall be extinguished, the contractual relationship shall still exist, and the parties shall still perform their obligations in accordance with the contract. The reasonable period after the reminder is determined according to the different circumstances of each case, and generally three months is regarded as a reasonable period.

The contract cannot generally be terminated after the expiration of the period for exercising the right to terminate the contract.

Legal analysisThere are two types of time limits for exercising the right to terminate the contract. The first is to exercise it within the statutory or agreed time limit of the parties. It should be noted that both the statutory and agreed periods are exclusionary periods in nature, and the right of rescission will be extinguished upon the expiration of the intended period.

The time limit for the parties to exercise the right of rescission shall be clearly written into the contract. When there is a legal time limit for termination, the parties may also change the statutory time limit for rescission by agreeing on the time limit for exercising the right of rescission. The second is to exercise within a reasonable period of time after the other party's reminder.

This is in the absence of a legal provision for the time limit for exercising the right of rescission, or in the absence of an agreement between the parties. In such a case, the party not affected by force majeure or the party in breach of contract may urge the other party to exercise the right of rescission in order to clarify whether it still needs to continue to perform its obligations. However, if the party enjoying the right of rescission does not exercise it within a reasonable period of time after the reminder, the right of rescission shall be extinguished, the contractual relationship shall continue to exist, and the parties shall still perform their obligations in accordance with the contract.

However, the law does not specifically stipulate the length of time within which the right holder must exercise the right of rescission, otherwise the right of rescission will be extinguished, and only stipulates that it is a "reasonable period". In this regard, in practice, the specific situation should be analyzed on a case-by-case basis, and this reasonable period can be determined according to the nature of the contract, the purpose of the transaction and the transaction habits. The time limit for exercising the right of rescission is the exclusion period.

Legal basisCivil Code of the People's Republic of China

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

1. The right of rescission is a kind of formation right, the right holder will have the corresponding legal effect according to its own unilateral expression of will, the time limit for exercising the right of rescission is the period of exclusion, there is no interruption, article 95 of the Contract Law stipulates that the law or the parties agree on the time limit for exercising the right of rescission, and if the party does not exercise it after the expiration of the time limit, the right shall be extinguished. Where the law does not stipulate or the parties have not agreed on a time limit for exercising the right of rescission, and the right is not exercised within a reasonable period of time after being urged by the other party, the right shall be extinguished.

2. If the right is not exercised within the time limit, it shall be deemed that the right holder agrees to continue to perform the contract when the statutory or agreed termination circumstances occur, and the Contract Law has clearly stipulated that "the right is extinguished", so the contract cannot be terminated under the circumstances agreed in the original contract.

3. The individual has a suggestion to re-sign a supplementary agreement to make a new agreement on the termination of the contract, resulting in a new right of termination.

The above is for reference, I hope it helps.

The duration of the exercise of the right to rescind the contract concerns the interests of the parties to the contract. Exercise within the statutory or agreed time limit of the parties. Where the law provides or the parties agree on a time limit for exercising the right of rescission, and the party fails to exercise it at the end of the time limit, the right shall be extinguished.

Legal basis: Article 199 of the Civil Code: Unless otherwise provided by law, the duration of rights such as the right of revocation and the right of rescission stipulated by law or agreed upon by the parties shall be calculated from the date on which the right holder of the model bridge knows or should know that the right arises, and the provisions on the suspension, interruption and extension of the statute of limitations shall not apply. Upon the expiration of the period of existence, the right of revocation, the right of rescission and the right of rescission shall be extinguished.

Article 564 of the Civil Code: Where the law provides for or the parties agree on a time limit for exercising the right of rescission, and the party fails to exercise it at the end of the period, the right is extinguished.

If the law does not stipulate or the parties have not agreed on a time limit for exercising the right of rescission, and the right of rescission is not exercised within one year from the date on which the person with the right of rescission knows or should know the reason for rescission, or fails to exercise it within a reasonable period of time after being urged by the other party, the right shall be extinguished.

Legal analysis: Unless otherwise provided by law, the duration period of rights such as the right of revocation and the right of rescission stipulated by law or agreed upon by the parties shall be calculated from the date on which the right holder knows or should have known that the right arises, and the provisions on the suspension, interruption and extension of the statute of limitations shall not apply. At the expiration of the period of existence, the right of revocation, the right of rescission and other rights shall be extinguished.

Legal basis: Article 199 of the Civil Code of the People's Republic of China The duration of rights such as the right of revocation and the right of rescission as provided by law or agreed upon by the parties shall be calculated from the date on which the right holder knows or should have known that the right arises, and the provisions on the suspension or interruption of the statute of limitations and the extension of the statute of limitations shall not apply, except as otherwise provided by the law. At the expiration of the period of existence, the right of revocation, the right of rescission and other rights shall be extinguished.

The right to terminate the contract shall be extinguished if it is not exercised within 30 days from the date on which the insurer becomes aware of the reason for termination. If more than 2 years have elapsed since the date of the conclusion of the contract, the insurer shall not terminate the contract; In the event of an insured event, the insurer shall be liable for compensation or payment of insurance money.

Legal basis: Article 16 of the Insurance Law of the People's Republic of China Where an insurance contract is concluded and the insurer makes inquiries about the subject matter of the insurance or the relevant circumstances of the insured, the policyholder shall truthfully inform the policyholder.

If the policyholder intentionally or due to gross negligence fails to perform the obligation of truthful notification as provided for in the preceding paragraph, which is sufficient to influence the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the contract.

The right to terminate the contract provided for in the preceding paragraph shall be extinguished if it is not exercised within 30 days from the date on which the insurer becomes aware of the reason for termination. If more than two years have elapsed since the date of the conclusion of the contract, the insurer may terminate the contract without respect; In the event of an insured event, the insurer shall be liable for compensation or payment of insurance money.

If the insurer deliberately fails to perform the obligation to inform truthfully before the investment, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, and shall not refund the insurance premium.

If the insured fails to perform the obligation of truthful notification due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium.

If the insurer is aware of the failure of the policyholder to truthfully inform the insurer at the time of conclusion of the contract, the insurer shall not terminate the contract; In the event of an insured event, the insurer shall be liable for compensation or payment of insurance money.

An insured accident refers to an accident within the scope of insurance liability as agreed in the insurance contract.

The time limit for exercising the right to terminate a contract is one year from the date on which the person with the right to terminate knows or should know the reason for termination, and if the parties agree otherwise, follow such agreement.

According to Article 564 of the Civil Code, if the law provides or the parties agree on a time limit for exercising the right of rescission, and the party prudently fails to exercise it upon the expiration of the time limit, the right shall be extinguished.

If the law does not stipulate or the parties have not agreed on a time limit for exercising the right of rescission, and the right of rescission is not exercised within one year from the date on which the person with the right of rescission knows or should know the reason for rescission, or does not exercise it within a reasonable period of time after being urged by the other party, the right shall be extinguished.

1. What are the provisions of the company's contract termination clause?

The company's contract termination clause stipulates that the reason, method and time limit of the contract termination. According to the provisions of the Civil Code of the People's Republic of China, the parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the reasons for one party to terminate the contract, and the person with the right to terminate the contract may terminate the contract when the cause for rescission occurs. Where the law does not provide or the parties have not agreed on a time limit for exercising the right of rescission, and the party does not exercise it after the expiration of the time limit, the right shall be extinguished, and if the law does not provide or the parties have not agreed on a time limit for exercising the right of rescission, and the right is not exercised within one year from the date on which the person with the right of rescission knows or should know the reason for rescission, or does not exercise it within a reasonable period of time after being urged by the other party, the right shall be extinguished.

2. Under what circumstances is the termination of the contract invalid?

The termination of the contract is invalid under the following circumstances: when the law provides or the parties agree on the time limit for exercising the right of rescission, and the party fails to exercise it after the expiration of the time limit, the right shall be extinguished, that is, the contract shall be terminated and invalid. In addition, if the law does not stipulate that there is any trouble or the parties have not agreed on a time limit for exercising the right of rescission, and the right is not exercised within a reasonable period of time after being urged by the other party, the right shall be extinguished.

Article 564 of the Civil Code.

Where the law provides or the parties agree on a time limit for exercising the right of rescission, and the party fails to exercise it at the end of the time limit, the right is extinguished.

If the law does not stipulate or the parties have not agreed on a time limit for exercising the right of rescission, and the right of rescission is not exercised within one year from the date on which the person with the right of rescission knows or should know the reason for rescission, or does not exercise it within a reasonable period of time after being urged by the other party, the right shall be extinguished.