Whether the contract continues to be valid after the death of Party B

This case mainly involves the following key issues: first, where should the contract be left if one of the parties to the contract dies, second, whether the rural land contract can be subcontracted and what conditions and regulations are required, and third, the ownership of the ancillary facilities on the land after the land contract. First, according to the legislative spirit of the Contract Law, if the legal heirs of one party deceased and the other party to the contract agree, the subject of the contract may be changed to continue to perform, and secondly, the rural land contract can be subcontracted, but it must be subcontracted within the scope specified in the original contract, and finally, the appurtenances on the land are only subcontracted together with the subject matter of the contract, that is, the use and transfer of its ownership has not changed.

Landlord, the most important question about you is actually the last one, that is, whether Party B can transfer the land contracting right independently. If Party B has agreed in the contract with the village organization, Party B has the right to transfer the land contracting right independently, of course, it is best, but what if there is no such agreement in the contract or the agreement is unclear. Generally speaking, the contractor does not have the right to subcontract the land on its own.

However, where there is no express legal provision for the default system, consent should be made in an explicit manner. If "the village organization did not directly sign any contract with C, nor did it verbally, and the village organization did not raise any opinion on the transfer", then it means that the village organization did not expressly agree to B's subcontracting. According to the provisions of the Rural Land Contract Law, the contractor may transfer the contracted land, but only with the consent of the contract issuing party.

I am afraid that Party B's subcontracting behavior will be invalid. If the subcontracting behavior is invalidated, then the subsequent problems are not necessary.

Does B still have a contractual relationship with the village organization?

A: It still exists.

Should Party B's child continue to perform the contractual agreement with C?

A: No. After the termination of the contract, will the children of Party B be compensated for all the facilities built by Party B for the orchard?

A: No. Can Party B transfer the contracted land to C while he is alive?

A: No. Is the contract between Party B and the village organization still valid after the transfer?

A: Invalid. After the death of Party B, does there no longer exist any contractual relationship with the village organization and C?

A: There is still a property right that needs to be analyzed together with the estate.

1. The contractual relationship between B and the village organization still exists, because the Rural Land Contract Law stipulates that the relationship between the original contractor and the contract issuing party remains unchanged after the subcontract.

2. After B's death, B's children can inherit the rights and obligations of the contract between B and the village organization. This is because the Rural Land Contract Law stipulates that if the contractor dies during the contract period, the legal heirs shall continue to perform the contract. Therefore, the subcontract between B and C is still valid, and B's children should continue to perform the subcontract with C.

3. The facilities and houses invested by B should be B's private property, and the subcontract only transfers the contracted collective land use right to C, and does not mean the transfer of B's private property, so B's children can inherit the house. In the same way, B's children can also receive all the compensation for the termination of the contract.

4. The Rural Land Contract Law stipulates that the contractor may transfer the contracted land, but only with the consent of the contract issuing party, although the village organization has not entered into a separate contract with C, if the village organization knows that B will transfer the land to C and does not object, it will be deemed to have consented, so that the contract between B and the village organization will be terminated naturally, and C will directly perform the contract to the village organization, so there will no longer be any contractual relationship between B and the village organization and C after his death.

Summary. Hello dear, effectively. According to the relevant provisions of Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving Disputes over Agricultural Contracting Contracts, if the contractor loses the ability to contract or dies due to health reasons during the contract period, and the heirs are unable to contract or give up the inheritance, and do not transfer, subcontract or share shares, the parties may request the termination of the contract.

The Agricultural Law stipulates that if the contractor dies during the contract period, the contractor's heirs may continue to contract, and the contract shall continue to be performed by the heirs until the expiration of the contract. Article 26 of the Law of the People's Republic of China on Rural Land Contracting stipulates that during the contract period, the contract issuing party shall not take back the cultivated land.

Article 30 of the Law stipulates that if a woman is widowed and still lives in her original place of residence, the contract issuing party shall not take back her original contracted land. It can be seen that if the contractor dies during the contract period, his heirs can continue to contract if they have the ability to perform. The contract-issuing party shall not take back the contracted property on the grounds of the death of the contractor.

It can be seen that the contract continues to be valid after the death of the land contractor.

Hello dear, effectively. According to the relevant provisions of Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving Disputes over Agricultural Contracting Contracts, if the contractor loses the ability to contract or dies due to health reasons during the contract period, and the heirs are unable to contract or give up the inheritance, and do not transfer, subcontract or share shares, the parties may request the termination of the contract. The Agricultural Law provides:

If the contractor dies during the contract period, the contractor's heirs may continue to contract, and the heirs shall continue to perform the contract until the contract expires. Article 26 of the Law of the People's Republic of China on Rural Land Contracting stipulates that during the contract period, the contract issuing party shall not take back the cultivated land. Article 30 of the law stipulates that if a woman is widowed and still lives in her original place of residence, the contract issuing party shall not take back her original contracted land.

It can be seen that if the contractor dies during the contract period, his heirs can continue to contract if they have the ability to perform. The contract-issuing party shall not take back the contracted property on the grounds of the death of the contractor. It can be seen that the contract continues to be valid after the death of the land contractor.

The sedan car was defeated. I asked if the contract for the death of the employer is still valid.

The same pro is effective.

What if Party A has no heirs?

If the employer dies and there are no heirs, so that the rights and obligations in the contract cannot be fulfilled normally, you can terminate the contract.

If the contractor does not want to terminate the contract, the contract is not still valid.

Yes, the contract is still valid, the employer dies, and the contract is still valid. In the end, whoever inherits the land is who inherits the contract. If it finally belongs to the state or the local **, it is also fulfilled by the ** and the pants are coarse. Trembling is pure blindness.

1. The death of one of the parties to the contract during the existence of the contract does not affect the validity of the contract. The boss is dead, and the contract you signed can continue to be performed.

2. If his death makes it impossible to fulfill the rights and obligations in the contract, you can terminate the contract. Article 94 of the Contract Law provides that "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 that Wu Shengjiao 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 commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

3. In addition, the boss's heirs can inherit the rights and obligations in this contract and continue to perform the contract with you. If he gives up, and the boss owes you a debt, you can pay it off with his inheritance.

4. The above analysis is based on the premise that your contract is legal.

Whether the contract is valid if one of the parties dies.

Hello, the signed land contract is valid for the death of one party. According to the relevant provisions of Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving Disputes over Agricultural Contracting Contracts, if the contractor loses the ability to contract or dies due to health reasons during the contract period, and the heirs are unable to contract or give up the inheritance, and do not transfer, subcontract or share shares, the parties may request the termination of the contract.

The contract is still in force, and if the contractor of the forest land dies, his heirs can inherit it, but not more than the remaining term of the contract. Article 31 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

The land contracting contract, Party A, is dead.

The contract is still in force, and if the contractor of the forest land dies, his heirs can inherit it, but not more than the remaining term of the contract. Article 31 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

After the death of Party A during the period stipulated in the land lease contract or agreement, the validity of the land contract shall not be affected, and Party A's wife or children shall perform in accordance with the contract until the expiration of the term. If Party A's wife or children are unwilling to perform the land lease contract or agreement, they shall be liable for breach of contract.

If Party A's wife or children discover that there is fraud or fraud in the land contract or agreement, and can prove it with evidence, the land contract or agreement can be changed or revoked through the court.

1. After the subcontracting, the contractual relationship between B and the village organization exists. The contract is relative, and the subcontracting does not affect the contractual relationship between B and the village organization. 2. After B's death, the subcontract between B and C is terminated, and C has no right to require B's children to continue to perform the contract.

3. Before Party B transfers the contract, the facilities invested by Party B in the orchard and a house of more than 100 square meters built for the orchard cannot be enjoyed by B's children after Party B's death. To obtain the real estate certificate, you must comply with the plan, and building a house without the approval of the relevant departments is not protected by law, so you need the approval of the relevant departments to obtain the real estate certificate.

4. The death of Party B terminates the lease relationship with the village organization, and after the termination of the contract, Party B's children cannot receive compensation for all the facilities built by Party B for the orchard. However, the ownership of the facilities remains with Party B.

5. If the contractual relationship between Party B and the village organization continues, Party B may transfer the contracted land to C while he is alive.

6. The village organization did not directly sign any contract with C, nor did it orally, and the village organization did not put forward any opinion on the transfer, so the contract between Party B and the village organization is valid after the transfer. Same as 1.

7. Whether there is no longer any contractual relationship between Party B and the village organization and C after the death. When one of the parties dies and the contract is terminated, the contractual relationship basically ceases to exist.

It is recommended that you refer to the Rural Land Contract Law.

First of all, the rural land contract must be approved by the general meeting of all villagers, and the land contract that has not been approved by the general assembly of all villagers is invalid.

Because rural land is collectively owned, the village committee only manages it on behalf of all villagers.

Second, if the land contract is valid, it is very important for C to pay the land contract fee to B or to the village organization, and it is very important for C to pay the land contract fee to the village organization. The contract between B and C is definitely invalid without the consent of the village committee, but if C pays the land contract fee to the village organization and the village organization receives the land contract fee paid by C, it can be found that the agreement can be in fact agreed by this act, and the contract between B and the village organization is terminated, and the contract between C and the village organization is established and takes effect.

If C pays the land contract fee to B, at most, C and B can only be determined to be operating in partnership. B's contract with the village organization continues to be valid. If C and B are found to be the children of B, they will of course have the right to inherit B's share.

It should still have legal benefits.

1. China is a socialist public ownership country, and the ownership of land belongs to the state or rural collectives, and no individual or other organization can have land ownership.

2. If it is a subcontract, the original contracting relationship remains unchanged, and Party A's wife and daughter have the right to inherit the land contracting and management rights. After the expiration of the contract, the right to contract and operate the land belongs to Party A's wife and daughter.

3. If the right to operate the contract register is obtained through transfer, after the expiration of the contract period, the right to contract and operate the land shall be recovered by the rural collective organization.