-
Anonymous users2024-02-10According to Article 68 of the Contract Law, the party that should perform the debt first may suspend performance if there is conclusive evidence to prove that the other party has any of the following circumstances:
1) Serious deterioration of business conditions;
2) Transferring property or withdrawing funds to evade debts;
3) loss of business reputation;
4) There are other circumstances in which the ability to perform debts is lost or may be lost.
Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.
According to Article 69 of the Contract Law, if a party suspends performance in accordance with the provisions of Article 68 of this Law, it shall promptly notify the other party. When the other party provides appropriate security, performance shall be resumed. After the suspension of performance, if the other party fails to restore the ability to perform within a reasonable period of time and fails to provide appropriate security, the party suspending performance may terminate the contract.
This is the suspension of the performance of the right to defend against uneasiness, and the above conditions are met, that is, the business situation of Company B has deteriorated significantly, but according to the information you provided, it is only a mismanagement and has not reached a serious level, so it cannot exercise this right.
-
Anonymous users2024-02-091) Legal. 2) The legal basis is the relevant rules of the Contract Law.
3) Company A is exercising the right of uneasiness defense, and three conditions must be met to exercise this right: 1. The later performing party loses or may become incapacitated. 2 The loss or possible incapacity of the performing party occurs after the conclusion of the contract.
3. The party that performs first has sufficient evidence to prove the facts.
-
Anonymous users2024-02-08As long as Party A has definite evidence to prove that Party B is incapable of performing the contract and refuses to provide the corresponding guarantee, then Party A's refusal to pay the advance payment is legal.
For the second question, see the answer to the first question.
For the third question, see the answer to the first question.
-
Anonymous users2024-02-07The sales contract is not a single legal relationship, but a bilateral legal relationship. Because in the sales contract, the seller has the obligation to deliver the subject matter of the sale, and the buyer has the obligation to pay the purchase price as agreed, so the sales contract is a bilateral contract.
Article 595 of the Civil Code of the People's Republic of China A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer, and the buyer pays the price. Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit for performance, place and method of performance, packaging method, inspection standards and methods, settlement method, the words used in the contract and its validity. Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.
Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.
-
Anonymous users2024-02-06Legal analysis: The establishment of the sales contract relationship refers to the consequence that the contract takes legal effect after the seller issues a clear and specific offer to buy and sell, and the buyer expresses its consent to the sale and purchase offer within the specified time limit. According to the relevant laws and regulations, the Promise Contract shall be established and effective when the promise reaches the promiser.
Legal basis: Civil Code of the People's Republic of China
Article 472: The expression of intent to conclude a contract with another person shall meet the following conditions: (1) the content shall be specifically determined; (2) Indicate that after accepting the offeror's acceptance, the offeror is bound by the intention bridge and the expression.
Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.
Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.
-
Anonymous users2024-02-05A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.
The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standard and method, settlement method, text used in the contract and its effect.
Chapter 9 of Title III of the Civil Code is a legal provision on sales contracts.
1. How can the rural housing transfer agreement have legal effect?
The parties reached an agreement on the transfer and agreed on the content of the agreement. The sales contract shall include the following clauses: 1. The name or name and address of the seller and the seller.
2. The name, specification, model, quantity and price of the subject matter. 3. Quality requirements. 4. Packing.
5. Time, place and method of delivery. 6. Inspection standards, time and methods. 7. Settlement method.
8. Liability for breach of contract. 9. Methods of Dispute Resolution. 10. Miscellaneous.
2. What information is required for the sale of second-hand real estate?
The sale of second-hand houses mainly requires a house ownership certificate, and then the parties sign a house sale contract in accordance with the law. The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standard and method, settlement method, text used in the contract and its effect.
3. The difference between the subscription letter and the purchase contract.
The differences between the subscription letter and the purchase contract are as follows: 1. The subscription letter is an appointment contract, and the purchase contract is a practice contract; 2. The content of the general subscription letter is not as detailed as the purchase contract. According to Article 495 of the Civil Code implemented in 2021, a subscription, order, reservation, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract.
If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract. Article 596 stipulates that the content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement method, the words used in the contract and its effect.
Article 595 of the Civil Code stipulates that a sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.
Article 596 of the Civil Code stipulates that the content of a sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effect, etc.
-
Anonymous users2024-02-04Legal basis: "Code of the People's Republic of China".
Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.
Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.
Article 599: The seller shall, in accordance with the agreement or the trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.
The determination of the validity of the key to the sale of a house is as follows: the parties have the ability to write proof, the expression of intention is voluntary and true, and does not violate national laws and regulations and the public interest; Malicious collusion, fraudulent or coercive means to conclude a contract, and a lawful form to conceal an illegal purpose shall be invalid. >>>More
Hello friend, I'm a judge, I think you're right, you should be prosecuted. You have signed a purchase contract and you have paid a deposit in advance, and both parties should do what is agreed in the contract. The obligations performed by the merchant should be strictly performed in accordance with the provisions of the contract, and you do not have to accommodate him at the beginning, otherwise it will be a breach of contract by the merchant, which will be a breach of contract by the merchant, and you can double the demand for the return of the deposit, and you can ask the other party to compensate for the losses caused thereby. >>>More
In the circumstances you described, your friend could have sold the house directly, and his current situation should be determined to be as stipulated in Article 99 of the Property Law: if there is a serious reason to divide it, he can request division. If the act of division causes damage to the other co-owners, compensation is required; About how to divide? >>>More
1. If you file a civil lawsuit for infringing on the reputation rights of others, you may be ordered to apologize and be sentenced to a certain amount of moral damages depending on the severity of the circumstances. However, your circumstances did not cause substantial moral damage, so you do not need to compensate for moral damages. >>>More
1. The only possible reason to prevent your parents from divorcing is that your mother is pregnant, or has just given birth to a child within a year, but after this period of time, you can still get a divorce. You do not have the right to block the personal rights of your parents from the point of view of public power (marriage or divorce is an inherent personal right of every citizen). >>>More