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In general, the termination of a contract is divided into agreement termination and unilateral termination.
Among them, the termination of agreement refers to the termination of the contract by the parties through negotiation after the contract is concluded and before the non-performance and incomplete performance. That is, to reach an agreement with Party A to terminate the contract under the circumstances of negotiation - to oppose the contract.
Unilateral termination is divided into agreed termination and statutory termination.
The circumstances of agreed termination refer to the second paragraph of Article 93 of the Contract Law, which stipulates that "the parties may agree on the conditions for one party to terminate the contract." If the conditions for rescission are met, the person with the right to terminate may terminate the contract. Paragraph 1 of Article 95 stipulates that "if one of the parties claims to terminate the contract in accordance with the provisions of Paragraph 2 of Article 93 and Article 94 of this Law, it shall notify the other party."
The contract shall be terminated when the notice reaches the other party. ”
The circumstances of statutory termination are more complicated, and the law stipulates the conditions for unilateral termination. The situation you are talking about is not specific enough, so there are several possibilities:
First, anticipation of default. That is, Party A clearly states or shows by its own behavior that it does not perform the contract.
Second: Delayed fulfillment. Party A fails to perform its obligations under the contract within a reasonable period of time, and Party A still fails to perform the contract within a reasonable period of time (tolerable period) when you urge the other party to perform, resulting in the frustration of the purpose of your contract.
In particular, in contracts where the performance period of the contract is of special significance, this unilateral termination method is very suitable.
Third, other breaches. It is mainly the other party's behavior that causes you to fail to achieve the purpose of the contract and the expected benefits, and there is a fundamental breach of contract, based on this behavior, you also have the statutory unilateral right to terminate.
Because you provide relatively few scenarios, you can only analyze so many things. Generally, you can choose to terminate by agreement with the other party, or you can notify the other party directly to achieve unilateral termination, depending on your specific situation. In addition, the two situations in which unilateral termination cannot be made are:
after the commencement of liability under the insurance contract; The employer of the employment contract.
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1. Notify the other party of the termination of the contract.
2. If there is a clause in the contract to terminate the contract, if not, the clause of the contract law can be used, but the burden of proof must be borne.
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Legal analysis: After the contract is terminated, the breaching party shall bear the corresponding liability for compensation. According to the provisions of the Contract Law, the breaching party shall compensate the non-breaching party for its losses.
Legal basis: Article 76 The breaching party shall bear the losses caused by the performance of the contract, except for circumstances that cannot be foreseen and avoided.
Article 77 After the contract is terminated, the breaching party shall return the property that has been received by the party that abides by the contract and compensate for the losses suffered as a result of the receipt of the property.
Article 107:Where liability for breach of contract is pursued in accordance with the provisions of this Law, it does not impact the pursuit of tort liability.
In short, after the contract is terminated, the breaching party needs to bear the losses arising from the lease caused by its breach of contract, including the return of the property that has been received and compensation for the losses suffered as a result of the receipt of the property.
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