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Anonymous users2024-02-09Contract rescission refers to the act of extinguishing the creditor's rights and debts based on the contract due to the expression of intent of one or both parties after the contract is validly concluded. The termination of the contract means that the creditor's rights and debts relationship of the contract is extinguished, and the contractual relationship objectively ceases to exist. Termination of contract and rescission are conceptually similar, but they are very different and cannot be equated.
The termination of the contract only has the effect of extinguishing the contractual relationship in the future, and does not have retroactive effect, so it cannot produce the legal effect of restitution; The termination of the contract will have the effect of extinguishing the contractual relationship in the past, and it will have retroactive effect, so that the performance of the contract will have the effect of restitution. Again, the rights are exclusive. The right to terminate the contract is a non-exclusive right and can be transferred to a third party along with the creditor's rights or debts; The right of rescission is a right exclusive to the creditor, and may not be transferred to a third party due to a simple assignment of creditor's rights or assumption of debts, except that it can be transferred with the general transfer of claims and debts.
In summary, the termination of the contract cannot be used as a substitute for the termination of the contract. Legal basis: Article 97 of the Contract Law of the People's Republic of China [Effect of Rescission] After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, according to the performance and the nature of the contract, the parties may request restitution, take other remedial measures, and have the right to claim compensation for losses.
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Anonymous users2024-02-08Legal analysis: The termination of the contract is not completely equivalent to the termination of the contract, although both of them are the termination of the rights and obligations of the two parties to the contract, but the circumstances of the termination of the contract also include the completion of the performance of the contract, the offsetting of claims and debts, the cancellation of debts, the deposit and the mixing of claims and debts, so the termination of the contract is not completely equivalent to the termination of the contract, and the termination of the contract is a situation of contract termination.
Legal basis: Civil Code of the People's Republic of China
Article 557.
In any of the following circumstances, the creditor's rights and debts shall be terminated:
a) The debt has been fulfilled;
ii) Mutual set-off of debts;
3) The debtor deposits the subject matter in accordance with the law;
4) Creditor forgiveness of 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.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
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Anonymous users2024-02-07After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses. If the contract is terminated due to breach of contract, the person who dissolves the auction and dissolves the right may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
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 shall be terminated: (1) the debt has been fulfilled; ii) Mutual set-off of debts; 3) The debtor deposits the subject matter in accordance with the law; 4) Creditor forgiveness of debts; 5) Creditor's rights and debts are attributed to the same person; (More than 6 feet) other circumstances provided for by law or agreed upon by the parties.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
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Anonymous users2024-02-061. The joint search or the termination of the contract is the termination of the contract.
II[Legal basis].Article 91 of the Contract Law [Reasons for the Termination of the Contract] The rights and obligations of the contract shall be terminated under any of the following circumstances: (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) The 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.
Economic compensation, compensation, liquidated damages.
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