The contract is signed, but it cannot be executed. What to do?

If both parties fail to fulfill their respective responsibilities, the parties can negotiate to rescind the contract. If one party to the contract has the obligation to perform first, and the party performing later has the right to perform first, the party performing first will constitute a breach of contract if it cannot prove that its non-performance has a reason to exempt from liability. If there is an agreement in the contract on the termination time of the contract, once the contract reaches the termination time, it can be terminated naturally, but it generally does not affect the pursuit of liability for breach of contract.

If it is performed at the same time, both parties fail to perform, which may lead to a breach of contract by both parties, and their respective liabilities for breach of contract shall be confirmed in accordance with the breach clause (the breach clause is not necessarily reciprocal, and it is likely that the calculation standard of breach of contract is not similar). Once a contract is signed, it is necessary to fulfill its obligations, which is determined by the nature of the contract. However, some people just refuse to perform after signing the contract, which is a breach of contract and should bear the liability for breach of contract.

The liability for breach of contract is usually assumed in the following ways: (1) requiring the breaching party to continue to perform but is legally or factually unable to perform; Except where the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (2) Employing remedial measures, including repairing, replacing, reworking, returning, reducing prices or remuneration, and so forth; (3) Compensation for losses refers to the payment of money by the breaching party to compensate for the losses suffered by the injured party due to the breach. (4) Payment of liquidated damages (5) Deposit liability.

Legal basis: Article 107 of the Contract Law of the People's Republic of China [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, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

If the mobile phone store and the supermarket are the same owner, it is necessary to find out whether there is a mobile phone within the business scope of the supermarket, that is to say, whether the mobile phone store is operated by the supermarket, and then whose conflicting products are on the shelves first. If the mobile phone store is within the business scope of the supermarket, and the products of the mobile phone store are on the shelves first, then it is your fault. You can check whether the business scope of the supermarket's business license has mobile phones and mobile phone-related electronic products.

If the supermarket is at fault, it can ask for cancellation of the contract and claim compensation.

Legal analysis: If the contract is not performed after signing, it shall be regarded as a breach of contract, and the handling method is as follows:

1. Require the other party to the contract to continue to perform in accordance with the contract;

2. If the other party fails to perform the contract and causes its own losses, the other party can be required to compensate within the scope of the losses;

3. If there is a deposit, you can ask the other party to return the deposit twice, and if you are the recipient of the deposit, you can withhold the deposit;

4. If there is a liquidated damages, the other party can also be required to pay liquidated damages.

It is worth noting that requiring the other party to continue to perform can be claimed at the same time as requiring the other party to return double the deposit, but the agreed liquidated damages and loss compensation cannot be claimed at the same time for the same breach of contract.

Legal basis: Article 257 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents on which enforcement is based have been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

If the contract is signed and not executed, it constitutes a breach of contract. The assumption of liability for breach of contract includes: requiring the breaching party to continue to perform but is legally or factually unable to perform; Except where the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; Remedial measures include repair, replacement, rework, return, reduction of price or remuneration, etc.; Compensation for losses means that the breaching party pays money to compensate for the losses suffered by the injured party due to the breach; Payment of liquidated damages, etc.

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 578 of the Civil Code of the People's Republic of China.

If 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 it to bear the liability for breach of contract before the expiration of the performance period.

If the contract clearly stipulates the liability for breach of contract, the other party may be required to pay liquidated damages or bear the deposit penalty and other liability for breach of contract as agreed. If the contract does not expressly stipulate the liability for breach of contract, Ling Chongming may require the other party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

According to Article 577 of the Civil Code, 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 and taking remedial measures or compensating for losses.

Legal analysis: If the other party fails to perform the contract, the other party may file a lawsuit with the court to require the other party to continue to perform or terminate the contract to compensate for the corresponding losses.

Basis for legal disruption: "Civil Code of the People's Republic of China" Article 584: Where 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 the losses shall be equivalent to the losses caused by the violation of the 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 the contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Analysis of the law of Fashu Fiber: The failure to perform after signing a contract constitutes a breach of contract, and it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

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 its performance of 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: 1. If one of the parties clearly states or shows by its own behavior that it will not perform its contractual obligations, the other party may require it to bear the liability for breach of contract before the expiration of the performance period.

2. If one of the parties fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.

3. 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 one of the following circumstances: Legally or factually unable to perform; The subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; The creditor does not demand performance within a reasonable period of time.

4. If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price, or remuneration for negotiation.

5. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, if there are other losses to the file carrier after performing the obligations or taking remedial measures, the losses shall be compensated.

6. 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, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the contract.