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The contract cannot be arbitrarily annulled (terminated), and the parties may terminate the contract if they reach a consensus through consultation in accordance with Article 93 of the Contract Law.
The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.
If the contract does not stipulate the conditions for termination, the parties may terminate the contract under any of the following circumstances in accordance with Article 94 of the Contract Law:
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 addition to the above, both parties to the contract shall strictly and fully perform the contract and shall not terminate the contract at will.
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1. If the signed contract has been established in accordance with the law, the conditions prescribed by law must be met for the termination of the contract. Except in accordance with the provisions of law, the parties may not terminate the contract at will. According to the provisions of the Civil Code, the parties may terminate the contract if they reach a consensus through consultation.
2. There are three main forms of contract termination under the current laws of China: agreement termination, agreement termination and statutory termination. The parties may agree on the termination of the contract after negotiation, and such termination is called termination by agreement. In the event that a statutory cause for rescission arises after the conclusion of the contract, the party with the right of rescission may unilaterally exercise the right of rescission without reaching an agreement with the other party.
The parties may also stipulate in the contract the conditions for one party to exercise the right of rescission, and unilaterally terminate the contract when the conditions are fulfilled. 3. Legal provisions: Article 507 of the Civil Code of the People's Republic of China [Validity of Dispute Resolution Clauses] If the contract does not take effect, is invalid, revoked or terminated, it does not affect the validity of the clauses in the contract on dispute resolution methods.
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If a contract has been signed, it may be annulled by rescinding the contract. The parties may, after negotiation, unanimously decide to terminate the contract; or in the event of a statutory or agreed cause for termination, the person with the right to terminate the contract shall terminate the contract, such as in the event of force majeure or express breach of contract by one party.
[Legal basis].
Article 562 of the Civil Code.
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.
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 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.
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Legal analysis: In any of the following circumstances, the parties may touch the tomb to terminate the contract:
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 debts or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;
5) Other circumstances provided for by law.
Legal basis: Article 563 of the Civil Code of the People's Republic of China 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 continuous performance of debts, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.
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The following methods are used to void a contract after it has been signed:
1. Sign a new contract and destroy the original contract signed by both parties (or parties) in the new contract;
2. Collect all the original contracts and destroy them under the joint supervision of all parties to the contract;
3. The parties to the contract promise in writing to the other parties that the contract will be invalid and enter into a supplementary agreement.
Civil Code of the People's Republic of China
Article 510.
After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement;
If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or trading customs.
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.
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 the debts to be performed continuously, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.
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Comrade Xia Fenglin:
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