Conditions for the termination of the contract, conditions for the termination of the contract

Article 94 of the Contract Law stipulates that a party may terminate a contract under any of the following circumstances:

1. The purpose of the contract cannot be achieved due to force majeure. If the purpose of the contract cannot be achieved due to force majeure, the contract loses its meaning and shall be extinguished. In this case, China's contract law allows the parties to terminate the contractual relationship by exercising the right of rescission.

2. Before the expiration of the performance period, one of the parties clearly indicates or shows by its own behavior that it will not perform the main debt. This is the debtor's refusal to perform, also known as repudiation, including express repudiation and implied repudiation. As a condition for rescission of the contract, it requires that the debtor is at fault, that the refusal is illegal (without lawful reason), and that the debtor has the ability to perform.

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. This is the debtor's delay in performance. According to the nature of the contract and the expression of intent of the parties, when the performance period is not particularly important in the content of the contract, even if the debtor performs after the expiration of the performance period, the purpose of the contract will not be defeated.

In this case, in principle, the parties are not allowed to terminate the contract immediately, but the creditor should send a performance reminder to the debtor and give a certain grace period for performance. If the debtor fails to perform at the expiration of the grace period, the creditor has the right to rescind the contract.

4. One of the parties delays the performance of debts or has other breaches of contract, resulting in the failure to achieve the purpose of the contract. For some contracts, the performance period is of paramount importance, and if the debtor fails to perform on time, the purpose of the contract cannot be achieved, in which case the creditor has the right to rescind the contract. The same shall apply if the purpose of the contract is not achieved due to other breaches.

5. Other circumstances stipulated by law. Where the law stipulates special statutory conditions for termination of certain specific contracts, follow those provisions.

Article 93 of the Contract Law of the People's Republic of China stipulates the termination of the agreement and the termination of the statutory term.

Article 93 The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.

Article 94 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;

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 commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

This depends on how the contract is defined, Party A has the final say, you are Party B, you can only comply with the implementation, if you don't want to go to work, you can directly terminate the contract, this is the easiest way.

The termination of a contract refers to the extinction of the rights and obligations established by the contract due to the occurrence of certain legal facts after the establishment of a contractual relationship between the parties. Due to the occurrence of certain legal facts, the rights and obligations stipulated in the contract objectively cease to exist. In other words, the termination of contractual rights and obligations, and the termination of rights and obligations between the parties, is what we call the termination of the contract.

1) The contractual obligations have been performed in accordance with the agreement;

b) Termination of the Contract;

3) Debts are offset against each other;

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

5) the creditor discharges the debt;

6) The creditor's right and the creditor's right belong to the same person;

7) Other circumstances provided for by law or agreed upon by the parties to terminate. If the creditor forgives part or all of the debtor's debts, the rights and obligations of the contract are partially or completely terminated; If the creditor's right and the debtor are attributed to the same person at the same time, the rights and obligations of the contract shall be terminated, except where the interests of a third party are involved.

Termination of a contract refers to the extinction of the rights and obligations established by the contract due to the emergence of certain legal facts after the establishment of the contractual relationship between the parties to the contract. Based on the occurrence of certain legal facts, the rights and obligations set forth in the contract objectively no longer exist. That is, the termination of contractual rights and obligations, and the extinction of the rights and obligations between the parties, is the termination of the contract we are talking about.

The rights and obligations of the contract shall be terminated under any of the following circumstances: (1) the debt has been performed 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. In addition, if the creditor forgives part or all of the debtor's debts, the rights and obligations of the contract are partially or completely terminated; Where the creditor's rights and debts are attributed to the same person, the rights and obligations of the contract shall be terminated, except where the interests of a third party are involved.

After the termination of the contract, 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. Notification means that the parties shall, if conditions permit, inform the other party of the termination of the contract. Assistance refers to the cooperation of one party with the other party in the aftermath of the work.

Confidentiality means that the parties do not disclose the secrets of the other party after the termination of the contract. Legal basis: Article 91 of the Contract Law of the People's Republic of China shall terminate the rights and obligations of the contract under any of the following circumstances: (1) the debt has been performed 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 94 of the Contract Law stipulates that a party may terminate a 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 indicates 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 commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law. ”

What are the legal conditions for unilateral termination of a contract?

Collation of relevant legal provisions and judicial interpretations on contract termination:

In addition to the conditions for termination prescribed by law, the parties to the contract may also agree on the conditions for the termination of the contract.

It depends on what the contract is. It is best to consult with a lawyer and you can get a satisfactory answer.

Legal analysis: the conditions for terminating the contract are: the purpose of the contract cannot be achieved due to force majeure; Before the expiration of the performance period, one of the parties clearly states or uses its own actions to indicate that it will not perform the main obligation; One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being demanded; Failure to achieve the purpose of the contract due to the delay in the performance of debts or other breach of contract by one of the parties; Other circumstances provided for by law.

Legal basis: Article 563 of the Civil Code of the People's Republic of China Under any of the following circumstances, the parties may terminate the contract: (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; 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 realize the purpose of the contract; 5) Other circumstances provided for by law.

1. The parties reach an agreement through consultation.

2. The statutory conditions for terminating the contract are met. If the following conditions are met, the contract can be terminated without the consent of the other party, and only by expressing the intention to terminate the contract to the other party:

1. The conditions for the termination of the contract agreed by the parties have been fulfilled;

2. The purpose of the contract cannot be achieved due to force majeure;

3. Before the expiration of the performance period, the other party expressly states or invents by its actions that it will not perform the main obligation;

4. The other party delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

5. The other party delays the performance of debts or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

6. Other circumstances of termination as prescribed by law.

If the above conditions are not met, one of the parties cannot rescind the contract. The exercise of the right to terminate the contract by one party will inevitably lead to the termination of the rights and obligations of the contract, and in order to prevent one party from suffering damage because it does not know that the other party has exercised the right to terminate the contract, and the party claims to terminate the contract in accordance with the agreed right of rescission and the statutory right of rescission, it shall notify the other party. The notice may be oral or written, and the contract is terminated when the notice reaches the other party.

The so-called notification of arrival varies depending on the form of notification. If the notice is given orally, the arrival shall be deemed when the other party who signs the contract is orally notified; If the notice is given in writing, it shall be deemed to have arrived when it is signed by the other party or the person designated by the other party. If, after receiving the notice of termination of the contract, the other party finds that it does not meet the conditions for terminating the contract as agreed upon or prescribed by law, and does not agree to terminate the contract, it may request the people's court or arbitration institution to confirm whether the contract can be terminated.

Where laws and administrative regulations stipulate that the termination of a contract shall go through approval and registration formalities, the contract cannot be terminated without going through the relevant formalities. For example, according to the Law on Sino-Foreign Equity Joint Ventures, if a joint venture incurs serious losses, one party fails to perform its obligations under the contract and articles of association, force majeure, etc., the contract may be terminated upon consultation and consent of all parties to the joint venture, submitted to the examination and approval authority for approval, and registered with the State Administration for Industry and Commerce. If the approval and registration procedures prescribed by law are not fulfilled, the Sino-foreign joint venture contract cannot be terminated.

[Legal basis].

Civil Code of the People's Republic of China

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.

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;

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 commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

The conditions for terminating the contract include:

1. The parties reach an agreement on the termination;

2. The purpose of the contract cannot be realized due to force majeure;

3. 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;

4. Other termination conditions stipulated by law or agreed by the parties.

[Legal basis].Article 562 of the Civil Code of the People's Republic of China.

The parties may terminate the contract by consensus.

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;

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 commits 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.

The legal conditions for terminating the contract are as follows:

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 the person who searches for Qin shows by his own behavior that he 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 failure to achieve the purpose of the contract.

5. Other circumstances stipulated by law.

The termination of a contract refers to the act of terminating the validity of the contract or retroactively terminating the contractual relationship under certain conditions through the unilateral act of the parties or the agreement of both parties after the contract is validly concluded.

[Legal basis].

Civil Code of the People's Republic of China

Article 566:After 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 contractual losses, and have the right to request compensation for losses.

If the contract is terminated due to breach of contract, the person with the right to terminate 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. Article 755 Where a financial lease contract is terminated due to the dissolution, confirmation of invalidity or revocation of the sales contract, and the seller or the leased property is chosen by the lessee, the lessor has the right to request the lessee to compensate for the corresponding losses; However, the sales contract is terminated, confirmed to be invalid or revoked due to reasons attributable to the lessor.

If the lessor's losses have been compensated when the sales contract is terminated, confirmed to be invalid or revoked, the lessee shall no longer be liable for the corresponding compensation. Article 928:Where the trustee completes the entrusted affairs, the trustee shall pay them remuneration in accordance with the agreement.

If the entrustment contract is terminated or the entrusted affairs cannot be completed due to reasons not attributable to the trustee, the client shall pay the corresponding remuneration to the trustee. Where the parties agree otherwise, follow their agreement.