If you don t sell the house in breach of contract, can you ask him to continue to perform the contra

There are four ways to bear the liability for breach of contract, including continued performance, compensation for losses, payment of liquidated damages, and deposit penalties. Except for cases where the law specifically stipulates, the four methods do not coexist, and only one can be chosen.

Continued Performance: You will only have the opportunity to obtain a home if you have paid the full amount of the house or can prove that you can afford to pay the full amount of the house.

Article 110 of the Contract Law stipulates that: "If one of the parties fails to perform a non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may demand performance, except in any of the following circumstances: 1. it is legally or factually unable to perform; Second, the cost of performance is too high.

In other words, unless you have paid the full price of the house, or can prove that you have all the funds ready and are willing to buy the house in full, the court may support you to continue to perform the contract.

Compensation for losses: including the benefits that can be obtained after the performance of the contract, but the compensation principle is "reasonably foreseeable".

Article 113 of the Contract Law stipulates: "Article 113 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 the 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 the contract foresaw or should have foreseen at the time of entering into the contract."

Payment of liquidated damages: The contract stipulates that the liquidated damages do not count, and the losses below them should be increased, and the losses above them should be reduced.

Article 114 of the Contract Law stipulates that: "The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach." If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

Deposit Penalty: Guarantee of good faith transactions, but limited to 20 of the subject matter of the main contract.

Article 115 of the Contract Law stipulates that: "The parties may, in accordance with the Security Law of the People's Republic of China, agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.

If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. Article 91 of the Security Law also stipulates that "the amount of the deposit shall be agreed upon by the parties, but shall not exceed 20 of the amount of the subject matter of the main contract".

As long as you are responsible for the liability for breach of contract, there is no way to enforce the performance of the contract.

Legal analysis: According to the relevant laws of China, the breach of contract when selling a house is a breach of contract, and one of the ways to bear the liability for breach of contract is to continue to perform the contract, so the buyer can ask the seller to continue to perform the contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or does not conform to the performance of its contractual obligations, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 57 If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the 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; However, it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

In the Civil Code, a judgment may be made for continued performance of a breach of a housing sales contract. Continued performance, also known as compulsory actual performance, refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party. If one party fails to perform its contractual obligations, the other party may request continued performance and take remedial measures.

Article 577 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the provisions of the Zen Meditation Contract, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to 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; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

The breach of the house sale contract can continue to be performed, and the contract can be terminated when the breach of contract meets the agreed or statutory termination conditions. If one party breaches the contract, the other party can choose to terminate the house sale contract, and the party shall bear the corresponding liability for breach of contract and pay liquidated damages to the other party; If the other party refuses to exercise the right of rescission, it may require the other party to continue to perform the contract and take measures to make up for the lack of relief.

1. What are the ways to bear the liability for breach of contract in the Civil Code?

When one party breaches the contract and the interests of the non-breaching party are out of balance, the law requires the breaching party to compensate the victim for the losses suffered by the victim through the way of assuming the liability for breach of contract. The main ways to undertake are:

1.Continue to fulfill. If the contractual obligations are not performed or the performance does not conform to the agreement, the non-breaching party may require the breaching party to continue to perform in accordance with the contract until the purpose of the contract is achieved;

2.Take remedial action. It means that the quality of the subject matter of the performance of the debt does not meet the conditions agreed in the contract, and the purpose of the contract or the purpose that the non-breaching party considers satisfactory can be achieved when there is no need to continue to perform and only appropriate remedial measures need to be taken;

3.Penalty. It refers to the breach of contract liability in which the breaching party shall pay a certain amount of currency to the non-breaching party when one or both parties breach the contract as agreed in the contract, so as to make up for the losses of the non-breaching party and also have the effect of punishing the breach;

4.Compensation. It refers to the way in which the parties to the contract agree that if one party causes actual damage to the other party due to breach of contract, it shall be liable for compensation according to the actual amount of damage.

2. Can a lawsuit be filed for breach of contract?

A lawsuit may be filed for breach of contract. If one party breaches the contract and the contract stipulates the liability for breach of contract, compensation shall be made in accordance with the contract. If the negotiation fails, please file a lawsuit with the court.

According to the provisions of the Civil Code of the People's Republic of China, if the party liable for breach of contract fails to perform its contractual obligations or does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the party refuses to perform the contract expressly or by its own conduct, the other party may require it to bear the liability for breach of contract before the expiration of the performance period.

Article 509 of the Civil Code.

The parties 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. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 577.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 583.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

Legal analysis: If one of the parties to the housing sales contract fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party, Lu Min, may require the other party to continue to perform the contract. If one of the parties expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may require it to bear liability for breach of contract before the expiration of the performance period.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it does not perform its obligations under the contract, the party may request that it bear liability for breach of contract before the expiration of the time limit for performance.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

OK. Breach of contract is a breach of contract, and one of the ways to bear the liability for breach of contract is to continue to perform the contract, so the buyer can ask the seller to continue to perform the contract. If one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) Failure to request performance within a reasonable period of time. Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people or institutions may terminate the contractual rights and obligations at the request of the parties, but this does not affect the assumption of liability for breach of contract.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 580 of the Civil Code: Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Failure to perform in law or in fact;

(2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or the intermediary and dissolution adjudication body may terminate the contractual rights and obligations at the request of the parties, but this does not affect the assumption of liability for breach of contract.