Re establish a contract and how to terminate the original contract

1.Contract termination is divided into statutory termination and agreement termination. Termination by agreement means that the parties to the contract can terminate the contract by reaching an agreement through consultation.

2.If you need to re-establish a new contract to supplement the original contract, you can agree in the new contract that both parties will terminate the original contract and apply the new contract. Once the new contract has been agreed upon by both of you and entered into force, the original contract will be terminated and will no longer be binding.

3.It should also be noted that the original contract is not completely non-binding, and if you have a dispute over matters during the validity period of the original contract, the original contract will still apply.

It is possible to agree in writing on the termination of the original contract (a separate agreement to terminate the original contract can be signed; It is also possible to directly use a clause in the new contract to stipulate the termination of the original contract), and then sign a new contract. As long as you have this written agreement, it is best to take back the original contract, and if you do not take it back, you can indicate in the new contract that the original contract signed on a certain date will be invalid.

A supplementary contract may be concluded to improve and improve the terms of the contract, or a new contract may be concluded, but the parties shall terminate the previously concluded contract before the contract is signed.

The terminated contract can be resumed and the terminated contract is invalid, but a new contract can be negotiated and signed.

The Civil Code stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 562 of the Civil Code [Termination of Contract] The parties may terminate the contract if they reach a consensus through consultation.

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.

1. What are the circumstances under which the contract is terminated?

Article 563 of the Civil Code of the People's Republic of China provides that 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) The purpose of the contract cannot be achieved due to the delay in the performance of debts or other breach of contract by one of the parties;

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.

2. Two ways of contract preservation.

The two methods of contract preservation are the exercise of the right of subrogation and the right of revocation, both of which are to prevent the debtor's property from improperly reducing or restoring the debtor's property, so as to legally realize the rights and interests of the creditor.

1. Subrogation refers to the right of the creditor to subrogate the debtor's claim against the third party in its own name when the debtor neglects to exercise its due creditor's rights against a third party and damages the creditor's claim.

2. The right of revocation is the right of the creditor to request the people's court to revoke the debtor's act of endangering its creditor's rights.

According to the principle of contract preservation, regardless of whether the debtor has committed a breach of contract, as long as the debtor disposes of its property by improper means, and such behavior directly causes the interests of the creditor to be endangered, the creditor can exercise the preservation measures. It can also be said that the fundamental purpose of contract preservation measures is to ensure the realization of the rights of contract creditors. The right of subrogation and the right of revocation together constitute the preservation system of the creditor's right.

Legal analysis: There are two ways to amend the contract, first, to terminate the original contract and conclude a new contract, and second, to sign a supplementary agreement. Terminating the contract and re-signing it is one of the ways in Tongfeng.

Legal basis: Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China》 Article 37 In the event of a division or merger of an employer, the divided or merged employer may, in accordance with the actual situation, modify, terminate or re-sign the labor contract with the employees of the original employer in accordance with the principles of equality, voluntariness and consensus.

Legal analysis: if the main contract is revoked in a crude paragraph, the subordinate contract does not need to be revoked, but the subordinate contract is invalid. The contract was concluded due to a material misunderstanding.

This situation refers to the fact that the parties to the contract have a wrong understanding of the nature of the contract, the other party, the variety, quality, specification and quantity of the subject matter and other major matters, so that the consequences of entering into the contract are contrary to their true intentions, and may or have caused greater losses.

Legal basis: Article 388 of the Civil Code of the People's Republic of China To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. The Ranqing guarantee contract includes a mortgage contract, a pledge contract and other contracts with guarantee functions.

The guarantee contract is a subordinate contract of the main creditor's rights and debts. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.