If the contract does not stipulate the validity period, how to terminate the performance

Where the law has special provisions on the validity period of a contract, the validity period of the contract shall not exceed that limit. For example, the Contract Law stipulates that the term of the lease shall not exceed 20 years, and the excess part shall be invalid. If the parties have not agreed on the term of the lease or the agreement is not clear, it shall be regarded as an indefinite lease, and the parties may terminate the contract at any time.

In addition, a contract with a condition of rescission or a term of termination shall become invalid when the conditions are fulfilled or the term expires. Therefore, if there is no special provision in the law, the parties may arbitrarily agree on a time limit in accordance with the principle of freedom of contract. If there is no agreed period or the agreement is not clear, it shall be regarded as an indefinite contract, and if the parties cannot agree to terminate it, and there is no statutory termination, the contract will bind both parties indefinitely, and neither party shall change or terminate the contract without authorization.

The parties may terminate the contract under any of the following circumstances, namely: (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 expresses or shows by its own conduct that it will not perform the main obligation; (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 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 94 of the Contract Law of the People's Republic of China [Statutory Termination of Contract] 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 expresses or shows by its own conduct that it will not perform the main obligation; (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 has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.

A contract without an agreed period is an irregular contract and is invalid ab initio. You can terminate fulfillment at any time! What has already been fulfilled cannot be undone.

The parties can negotiate, and if they can prove that the other party is unable to fully perform, they can request the court to confirm it.

How to terminate a contract if there is no agreed performance period?

The contract is indefinite and cannot be terminated at any time. Under normal circumstances, the termination date of the contract shall be determined according to the agreement between the two parties, and the two parties may agree through negotiation to supplement the terms of the termination date of the contract; If there is no provision in the contract, it may be determined on the basis of the reason for the termination of the contract. If the contract is terminated by agreement, the date on which the agreement to terminate the contract is reached is the date on which the contract is terminated; If the contract is terminated unilaterally, the date on which the notice of termination reaches the other party is the date of termination of the contract.

Legal basis:

Article 510 of the Civil Code: 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, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. Article 560 The parties may terminate the contract if they reach a consensus through consultation. 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; Wait.

If the contract does not stipulate the termination time, the parties may reach a supplementary agreement on the termination time, and if no agreement can be reached, the termination time of the contract may be confirmed in accordance with the relevant provisions of the contract and the transaction customs.

According to Article 510 of the Civil Code implemented in 2021, after the contract comes into effect, when the parties to the contract have no agreement on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

The first paragraph of Article 557 stipulates that if a contract is terminated, the rights and obligations of the contract shall be terminated.

Article 510 of the Civil Code.

After the contract comes into effect, if the parties have not agreed on the quality draft, the price or remuneration, the 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 provisions of the contract or transaction customs.

Article 557 (1).

If the contract is terminated, the rights and obligations of the contract shall be terminated.

If the contract does not stipulate the time of termination of the contract, a supplementary agreement may be signed according to the specific circumstances. Termination of a contract refers to the termination of the rights and obligations between the parties to the contract and the termination of the legal effect of the contract due to the occurrence of circumstances stipulated by law or agreed by the parties.

1) The debt has been fulfilled in accordance with the agreement;

2) Termination of the contract;

3) Debts are offset against each other;

4) The debtor deposits the subject matter in accordance with law;

5) Creditors forgive debts;

6) Creditor's rights and debts are attributed to the same person;

7) Other circumstances provided for by law or agreed upon by the parties to terminate.

Legal analysis: If the contract does not stipulate the time of termination of the contract, a supplementary agreement may be signed according to the specific circumstances. If the contractual rights and obligations are terminated, the contractual relationship ceases to exist, and the guarantee and other rights and obligations of the contract are also extinguished.

However, the parties shall still follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with transaction customs.

Legal basis: Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts of the Peichai file shall be terminated:

a) the debt has been fulfilled;

2) Debts are offset against each other;

3) the debtor deposits the subject matter in accordance with law;

4) The creditor is exempted from debts;

5) Creditor's rights and debts are attributed to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

Legal analysis: A contract that has not been agreed upon for a period of time or that is not clearly agreed upon shall be regarded as an indefinite contract, not an indefinite contract, and the contract will bind both parties indefinitely. If the two parties cannot agree to terminate the contract, and there is no statutory termination circumstance, either party shall not change or terminate the contract without authorization.

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

Article 119:Contracts established in accordance with law are legally binding on the parties.

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 debts of the main banquet; (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 has 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.