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1. It should be a breach of contract: is it because you want to terminate the contract in advance if you breach the contract and no longer accept the service, or do the other party not continue to provide services as agreed in the contract?
2. If you breach the contract and no longer accept the other party's service: you shall bear the liability for breach of contract, and the remaining service fee shall be returned to you after compensating the other party's actual loss.
3. If the other party breaches the contract and no longer continues to provide services to you: if the negotiation for the remaining service fee fails, you can directly sue the court to request a refund of the remaining fee and compensation for the loss caused by the other party's breach of contract, which has nothing to do with whether the speech sounds good or not.
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The refund agreement shall state the name and address of the party to the refund; Basic information of the person to be refunded; the reason for the refund; the amount of the refund; the timing and manner of the refund; It has legal effect only if it has the signature or seal of the parties.
How to write a refund agreement has a legal basis for legal effectArticle 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 470:The content of a contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Ways to resolve disputes. The parties may conclude a contract with reference to the model texts of various types of contracts.
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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, the agreement may be supplemented;
If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.
Civil Code of the People's Republic of China
Article 511.
Where the parties are not clear about the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:
If the quality requirements are not clear, they shall be performed in accordance with mandatory national standards;
where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards;
If there is no recommended national standard, the state shall be performed in accordance with the industry standard;
Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
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1. Economic contract disputes refer to disputes between the parties over the performance of economic contracts and the consequences of non-performance. Disputes arising from performance generally arise as to whether the economic contract has been performed or whether it has been performed in accordance with the economic contract; Disputes over the consequences of non-performance are generally disagreements as to which party should bear the responsibility for the failure to perform the economic contract or the failure to fully perform the economic contract. In the process of performing economic contracts, disputes are inevitable due to various reasons, therefore, it is of great significance to choose appropriate settlement methods and resolve disputes in a timely manner to maintain the normal social and economic order and the legitimate rights and interests of the parties and avoid the expansion of losses.
2. The solutions include negotiation, mediation, arbitration and litigation.
3. Specifically, it is necessary to analyze the specific circumstances of the case and what method is more appropriate to adopt to resolve the problem.
The above is about how to resolve contract disputes.
The above is the answer to the analysis compiled by the consultant team for you, if you need help drafting the contract, you can buy a template or hire a lawyer**.
You can also contact customer service directly to solve the problem for you.
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In life, we often enter into various contracts, and of course, it is not uncommon to face the problem of contract breach. Breach of contract can be caused by a variety of reasons. So when the other party breaches the contract, how do we respond?
How can we recover our losses? Next, I will introduce to you "how to refund for breach of contract", let's read it together! 1. How to refund for breach of contract
The refund of the money for breach of contract between Hebi and the other party can be determined through negotiation between the two parties, or it can apply for arbitration and mediation or sue the court for processing. First of all, the most direct way to deal with a breach of contract is to negotiate between the two parties. If one party has breached the contract, it is best for the two parties to negotiate a series of issues such as how to solve the problem and how to compensate for losses, and can require the breaching party to continue to perform the contract, pay liquidated damages, bear the responsibility for deposits, and compensate for losses.
Secondly, if the negotiation fails, a civil lawsuit can be filed through the local court to pursue the defaulting party's remorse. Specifically, it can be seen how the liability for breach of contract should be borne according to the provisions of the contract.
2. The legal basis for claiming compensation after the breach of contract
If the contract is signed but the contract is breached, the corresponding civil liability needs to be borne. Including continued performance, taking remedial measures, compensating for losses, and bearing liquidated damages. Article 577 of the Civil Code: Where 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 responsibility for 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.
3. How to bear the liability for breach of contract
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. If the compensation for liquidated damages causes 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.
That's all it says about "".How to refund for breach of contract". If the other party breaches the contract, we can negotiate to see if the other party can continue to perform the contract and compensate for the corresponding losses. If not, you can also go through the litigation procedure and hold the other party responsible.
The specific situation is combined with the actual choice.
Not legal, there are two points:
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