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If we want to unilaterally terminate the contract, and the other party is missing and cannot be notified, we can only go through legal procedures to protect our rights, go to the court to sue them in accordance with the relevant laws and regulations, and use the proper law to protect our legitimate interests.
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According to the relevant laws and the provisions of the Contract Law, if you have the right to unilaterally terminate the contract, then the other party can automatically terminate the contract when the time reaches a certain level, even if the other party is not clear. Just like if it is in a marriage, if the parties have been separated for more than two years, the marriage relationship is automatically dissolved. There should be detailed provisions in the contract you signed before, that is, if there is a conflict between the two parties, one party unilaterally terminates the contract, what kind of rights should the other party enjoy, what kind of obligations should be performed, if there is no contract in it, it is recommended to consult a lawyer.
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Unilateral termination of the contract is a kind of right, and the notice can be served, although it is said that the person must know about it, but there are circumstances where it is impossible to notify. In the case that the proof has been delivered, a third party can be asked to notarize the certificate that the notification cannot be notified, and the notice will also be deemed to have been delivered. After a certain length of time, there is no liability.
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You can go to court to sue the other party, because you can't find the other party, the court can help you find the other party, and if the person is missing, the court can also choose to announce the search for the person, or be absent**.
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It depends, if it's just a less important position, then forget it. Many small companies in third- and fourth-tier cities will also encounter this situation, basically nothing. If the position is quite important, there is the company's core information, etc., directly report to the police.
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This situation is legal, if you can't find the other party, you have to sue the other party, take up the law, protect your legitimate rights and interests, and let the other party receive the punishment it deserves.
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If you can find it, I suggest you look for it first, if you really can't find it, and then you don't know what to do, then I suggest that you can call the police and let the police help, so that you don't know anything and are in a hurry.
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If you can't contact you and you have to terminate the contract, then you can only go through the legal procedures, so the court will use a simple procedure to issue an announcement for you, which will produce legal efficiency, and after the announcement period, it will automatically take effect, and your termination will become legal.
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If it is a unilateral termination of the contract, first of all, look at the importance of the situation, and whether your loss is very serious, if there is no big problem, like that kind of relatively small city or do not pursue, rather than entangle with them, it is better to find a new job to start over, but if the situation is very serious, you have to collect information, and then go to the police.
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Unilaterally terminate the contract, but if the other party is missing and cannot be notified, then you should also notify as soon as possible, and it will be invalid without the other party's knowledge.
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Unilateral termination of the contract, must go through legal procedures, if not forced, it is best not to unilaterally terminate the contract, for the enterprise, this behavior will cause certain economic losses to both parties, and will consume you a certain amount of time and energy.
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The party with the right to terminate the contract can unilaterally terminate the contract without the consent of the other party, and only need to notify the other party when the contract is terminated. If the other party cannot be found, it may also directly claim to the court or arbitration institution to terminate the contract without notice. In accordance with the provisions of Article 564 of the Civil Code or the time limit for exercising the right of rescission agreed upon by the parties, if the party fails to exercise it upon the expiration of the time limit, the right shall be extinguished.
Article 565:Where one of the parties directly claims to terminate the contract in accordance with law by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
Civil Code of the People's Republic of China
Article 562.
The parties may terminate the contract by consensus.
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.
Civil Code of the People's Republic of China
Article 563 shouted the source of the bridge.
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 commits 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.
Civil Code of the People's Republic of China
Article 564.
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.
Civil Code of the People's Republic of China
Article 565.
If one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party;
If the debtor fails to perform its debts within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its debts within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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Summary. If the contract is lost, it cannot be unilaterally terminated. If you want to terminate the contract, the two parties should negotiate to settle it, if the negotiation fails, the unilateral termination of the contract is a breach of contract, and liquidated damages should be paid.
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If the contract is lost, it cannot be unilaterally terminated. If the two parties want to terminate the contract, the two parties should negotiate to settle it, and if the splitter fails to negotiate unsuccessfully, the unilateral termination of the contract is a breach of contract and liquidated damages should be paid.
No, you cannot. Article 564 of the Civil Code stipulates that: (1) if the party fails to exercise the right of rescission upon the expiration of the period prescribed by law or agreed upon by the parties concerned, the right shall be extinguished; (2) If the law does not stipulate or the parties have not agreed on the time limit for exercising the right of rescission, and the right is not exercised within a reasonable period of time after being urged to the party, the right shall be extinguished.
Can the other party unilaterally terminate the contract if they can't meet each other?
If the contract signed with the other party is lost, the original contract in the other party's hand can generally be copied. Note: Generally, both parties are required to sign the copy to confirm that it is consistent with the original. No matter what type of contract is signed, it should be kept by the brother and the stool.
Can I unilaterally terminate the contract if I can't find the other party?
If no party can be found, the contract can be terminated unilaterally, that is, the party who has the right to terminate the contract can terminate the contract by exercising the right to rescind.
OK. The right to form ownership is terminated without the consent of the other party. If one of the parties to the clan claims to terminate the contract in accordance with law, it shall notify the other party. The contract will be terminated when the notice reaches the other party.
I came all the way to find each other twice and didn't see each other, so can I go to the court to unilaterally terminate the contract?
Ask about custom messages].
Of course, you can go to the court to dismiss it.
Okay, thanks lawyer.
You can also cancel it yourself and notify him.
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It is not a mandatory procedure.
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