How to deal with the breach of contract in the warehousing contract and the breach of contract?

1.Generally speaking, early performance is a breach of contract, so the creditor can refuse the debtor's early performance in principle, but the specific circumstances are different in different contracts. For example, the provisions of Article 208 of the Contract Law clearly encourage the borrower to repay the loan early, but the provisions of Article 392 of the Contract Law on the storage contract discourage early performance.

2.Only if the interests of the creditor are not prejudiced, the creditor may not refuse to perform early.

3.The debtor shall bear the unfavorable benefits brought to the creditor due to early performance.

You can take a closer look at the following statutes:

Article 71: The creditor may refuse the debtor's early performance of the debt, unless the early performance does not prejudice the interests of the creditor.

The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

Article 72: The creditor may refuse the debtor's partial performance of the debt, unless the partial performance does not prejudice the interests of the creditor.

The debtor shall bear the additional costs incurred by the creditor for the debtor's partial performance of the debt.

Article 208: If the borrower repays the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

Article 392: Upon the expiration of the storage period, the stockholder or the holder of the warehouse receipt shall withdraw the stored goods on the basis of the warehouse receipt. If the stockholder or the holder of the warehouse receipt is late in the withdrawal, the storage fee shall be added; If it is withdrawn in advance, the storage fee will not be reduced.

The contract is valid, can be sued, and shall be admissible. Whether the claim is upheld depends on the specific content of the claim and the relevant provisions of the contract.

When the contract comes into effect, it can be required to bear the liability for breach of contract, compensate for losses, and have the right to demand continued performance. The court shall accept the case and make a judgment that the other party bears liability for breach of contract, and may award compensation for losses, or may make a judgment to continue to perform the contract according to the circumstances.

The method of dealing with the breach of contract in the warehousing contract: First, after the custodian accepts the warehousing, if the variety, quantity, quality, specification and model of the warehousing do not conform to the contract during the storage period, it shall bear the liability for breach of contract. Second, if the stockholder fails to carry out the necessary packaging of the stored goods in accordance with the contract or the packaging does not meet the requirements for the preparation of the storage stove, resulting in the damage or loss of the stored goods, the stockholder shall bear the responsibility for the losses caused to the warehousing custodian.

[Legal basis].Article 907 of the Civil Code.

The custodian shall inspect and accept the warehousing items in accordance with the agreement. If the custodian discovers that the warehousing items are inconsistent with the agreement during acceptance, the depositor shall be notified in a timely manner. If the variety, quantity and quality of the stored goods do not conform to the agreement after acceptance by the custodian, the custodian shall be liable for compensation.

Legal analysis: If one party breaches the contract in a warehousing contract, it shall bear the liability for breach of contract, including the liability for breach of contract such as taking remedial measures, compensating for losses, and paying liquidated damages.

Legal basis: Civil Code of the People's Republic of China Article 577 If a party 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.

Legal analysis: If one party breaches the contract in a warehousing contract, it must bear the liability for breach of contract, including taking remedial measures, compensating for the losses of the slag bank, paying liquidated damages and other liabilities 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 the loss of damaged limbs.

1) The liability of the custodian for breach of contract in the warehousing contract.

1. After the custodian accepts the stored goods, if the variety, quantity, quality, specification and model of the stored goods do not conform to the contract during the storage period, the custodian shall be liable for breach of contract;

2. During the storage period, if the storage items are damaged or lost due to the custodian's poor storage, the custodian shall be liable for breach of contract;

3. During the storage period, if the depositor is not notified in time due to the change of the agreed storage conditions, resulting in the damage or loss of the stored goods, the custodian shall bear the liability for breach of contract.

2) In the warehousing contract, the liability of the stockholder for breach of contract:

1. If the stockholder fails to carry out the necessary packaging of the stored goods according to the contract or the packaging does not meet the agreed requirements, resulting in the damage or loss of the stored goods, he shall bear the responsibility and bear the losses caused to the storage custodian.

2. The depositor fails to deliver the stored goods according to the nature of the stored goods agreed in the contract, or exceeds the storage period, resulting in the damage or loss of the stored goods, and shall be liable for it.

3. Dangerous and harmful goods must be indicated in the contract, and the necessary information shall be provided, and the stockist shall bear civil and criminal liability for the losses caused by the failure to comply with the contract, and bear the losses caused to the warehouser.

4. Overdue storage, bear the responsibility of additional charges.

5. If the storage period expires and the storage is not withdrawn, and the warehouse still does not withdraw after being reminded, the warehouse bears the liability for the breach of contract compensation for the storage of the stored goods.

1. How to distinguish between a custody contract and a storage contract?

A storage contract is a contract in which the custodian stores the warehousing goods delivered by the depositor, and the depositor pays the storage fee. A custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods. The subjects of the warehousing contract are the custodian and the depositor, and the subjects of the custody contract are the depositor and the custodian.

A storage contract and a storage contract can be distinguished according to the differences between the two in the above contents.

If one party breaches the contract in the warehousing contract, it shall bear the liability for breach of contract, including the liability for breach of contract such as taking remedial measures, compensating for losses, and paying liquidated damages.

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Article 107 of the Contract Law: 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.