-
Anonymous users2024-02-12The terms of contract termination are: 1. Natural termination after the expiration of the contract; 2. There are obviously unfair clauses in the contract; 3. There is fraud and direct damage to the interests of the parties; 4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation fails to achieve the objectives of both parties, a judgment shall be made through the court, and the court shall make a judgment to terminate the contract according to the actual situation; 5. The natural person of one of the parties to the contract dies, and the successor of the property is unwilling to continue to perform the contract; 6. Other force majeure factors make the contract content impossible to implement. The termination clause is valid when these provisions are involved.
-
Anonymous users2024-02-111. Natural termination after the expiration of the contract;
2. There are obviously unfair clauses in the contract;
3. There is fraud in the contract and direct damage to the interests of the parties;
4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation fails to achieve the objectives of both parties, a judgment shall be made through the court, and the court shall make a judgment on the termination of the contract according to the actual situation.
Relevant legal knowledge.
Contract Law of the People's Republic of China
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.
Article 92 After the rights and obligations of the contract are terminated, the parties shall follow the principle of good faith and perform the obligations of notification, assistance, confidentiality and other obligations in accordance with the transaction customs.
-
Anonymous users2024-02-10Legal analysis: 1. Natural termination after the expiration of the contract; 2. There are obviously unfair clauses in the contract; 3. There is fraud in the contract and direct damage to the interests of the parties; 4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation cannot achieve the objectives of both parties, the court shall make a judgment and a decision to terminate the contract, and the court shall decide to terminate the contract according to the actual situation.
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 performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (Five Calling Rules) Creditor's rights and debts belong 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 before the fight shall be terminated.
-
Anonymous users2024-02-09The terms of contract termination are: 1. Termination of the contract; 2. The debt has been fulfilled; 3. Debts offset each other; 4. The debtor deposits the subject matter in accordance with the law; 5. Creditors forgive debts; 6. Creditor's rights and debts belong to the same person; 7. Other circumstances stipulated by law or agreed by the parties. According to Article 557 of the Civil Code of the People's Republic of China, the creditor's rights and debts shall be terminated under any of the following circumstances:
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) Creditors are exempted from debts; (5) The 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. Article 557 of the Civil Code of the People's Republic of China shall terminate the creditor's rights and debts under any of the following circumstances:
1) The debt has been fulfilled; (2) Debts are offset against each other; (3) The debtor skillfully deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The 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.
-
Anonymous users2024-02-08Legal Analysis: The terms of contract termination are:
1. Natural termination after the expiration of the contract;
2. There are obviously unfair clauses in the contract;
3. There is fraud in the lead preparation contract and causes direct damage to the interests of the parties;
4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation fails to achieve the objectives of both parties, a judgment shall be made through the court, and the court shall make a judgment to terminate the contract according to the actual situation;
5. The natural person of the party to the contract dies, and the successor of the property is unwilling to continue to perform the contract;
6. Other force majeure factors make the contract content impossible to implement. The termination clause is valid when these provisions are involved.
Legal basis: According to 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:
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) Creditors are exempted from debts;
5) The old debts of the creditor's bridge belong 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.
-
Anonymous users2024-02-071. Natural termination after the expiration of the contract;
2. There are obviously unfair clauses in the contract;
3. There is fraud in the contract and direct damage to the interests of the parties;
4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation fails to achieve the objectives of both parties, a judgment shall be made through the court, and the court shall make a judgment to terminate the contract according to the actual situation;
5. The natural person of one of the parties to the contract dies, and the successor of the property is unwilling to continue to perform the contract;
6. Other force majeure factors make the contract content impossible to implement. The termination clause is valid when these provisions are involved.
1. The relevant provisions of the housing lease contract and how to terminate the housing lease contract.
There are several ways to terminate a lease contract:
1) Termination of agreement. The agreed termination of the housing lease contract means that the parties to the contract believe that the termination of the contract is more conducive to their own interests than the continued performance of the contract, and according to the principle of freedom of contract, the contract is terminated by consensus.
2) Statutory Termination. The statutory termination of the housing lease contract refers to the right of one of the parties to exercise the right of rescission to terminate the contract and terminate the rights and obligations of the contract in accordance with the law when a circumstance prescribed by law occurs. The grounds for statutory cancellation are:
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 states or shows by its own behavior that it will not perform the main debt;
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 debts or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;
5. Other circumstances stipulated by law.
2. Under what circumstances can the landlord terminate the contract in accordance with the law.
Second-hand landlords cannot unilaterally cancel the contract.
The contract is voluntarily negotiated by the parties in principle of equality and mutual benefit, and is legally binding on both parties after the contract is concluded; If one party believes that the content of the contract or a certain clause of the mountain wheel is unfair or cannot be performed, and needs to be added or modified, it shall submit a request to the other party to obtain the consent of the other party through negotiation in order to obtain the legal protection of the modified content or added clause.
Except for the inability to continue the performance of the contract due to force majeure, any unilateral termination of the contract or beyond the scope of the contract is a breach of contract.
According to Article 557 of the Civil Code of the People's Republic of China, the creditor's rights and debts shall be terminated under any of the following circumstances:
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) Creditors are exempted from debts;
(5) The 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.
-
Anonymous users2024-02-06Legal analysis: The terms of contract termination are: 1. Natural termination after the expiration of the contract; 2. There is a clause in the contract that is obviously unfair; 3. There is fraud in the contract and direct damage to the interests of the parties; 4. One of the parties to the contract is unable to perform its contractual obligations and the contract is terminated after negotiation between the two parties; If the negotiation fails to achieve the objectives of both parties, a judgment shall be made through the court, and the court shall make a judgment to terminate the contract according to the actual situation; 5. The natural person of one of the parties to the contract dies, and the successor of the property is unwilling to continue to perform the contract; 6. Other force majeure factors make the contract content impossible to implement.
The termination clause is valid when these provisions are involved.
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 performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The 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.
Contract 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. >>>More
If the lease contract is not agreed upon and the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for the loss. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be calculated and paid according to 3 months' rent; If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term. >>>More
The Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if the employee continues to work for the original employer after the expiration of the labor contract, and the original employer does not raise any objection, it shall be deemed that both parties agree to continue to perform the labor contract under the original conditions. >>>More
According to Article 42 of the Labor Contract Law:
1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation; >>>More
Article 19 of the Regulations for the Implementation of the Labor Contract Law In any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law: (1) The employer and the employee reach an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer; (5) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; (6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; (10) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.