Hello, my answer to the question of whether oral contracts can be terminated in advance is as follows,
1、 Can oral contract be terminated in advance
If the conditions for dissolution of the oral contract are met, it is OK to terminate the oral contract in advance
The Contract Law recognizes the validity of an oral contract. As long as the parties have the same intention, regardless of whether there is a written form, the parties shall perform in full honesty and trustworthiness and shall not terminate the contract without authorization. If the conditions for termination of the contract are met, the contract can be terminated by notifying the other party.
2、 Conditions for termination of the contract
Article 8 of the Contract Law of the People's Republic of China stipulates: "A legally formed contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not modify or terminate the contract without authorization." However, in the process of contract performance, if there is a legal situation that can terminate the contract, one party can terminate the contract according to law, The right and obligation to terminate the contract is the unilateral termination of the contract.
Article 94 of the Contract Law of the People's Republic of China stipulates that in any of the following circumstances, the parties may terminate the contract.
(1) The purpose of the contract cannot be realized due to force majeure. Force majeure refers to the objective conditions that the parties cannot foresee, avoid and overcome when concluding the contract, including natural disasters, wars, social abnormal events, etc.
(2) Prior to the expiration of the time limit for performance, one of the parties expressly stated or indicated by its own behavior that it would not perform its main obligations. The symmetry of the main debt, that is, the secondary debt, means that according to the contract, the parties should bear most of the debt or the part that has an important or fundamental impact on the creditor's rights.
(3) One of the parties delayed the performance of its main debts and failed to perform within the term of the contract after being urged to do so. Delay in performance means that the debtor has failed to perform his contractual obligations at the expiration of the performance period agreed in the contract without justified reasons; Or for a contract for which no time limit for performance has been agreed, the debtor still fails to perform after the creditor's demand for performance.
(4) One of the parties delayed the performance of the contract or committed other breaches of the contract, which made it impossible to realize the contract. If the time limit for performance or other contract terms agreed in the contract are of vital importance to the rights and obligations of the parties, and one party's breach of contract will seriously affect the economic interests expected by the parties in concluding the contract, the parties may directly unilaterally terminate the contract without going through the procedure of notice. For example, if the subject matter with strong seasonality and timeliness is delayed in delivery, the other party has the right to unilaterally terminate the contract.
(5) The party who should perform the obligation first has conclusive evidence to prove that the other party has one of the following circumstances.
1. Serious deterioration of business conditions;
2. Transfer property and withdraw funds to avoid debts;
3. Loss of business reputation;
4. The performance may be terminated under other circumstances where the ability to perform the debt is lost or may be lost. If the other party fails to restore its ability to perform within a reasonable period of time after the termination of performance and fails to provide appropriate security, the party terminating performance may terminate the contract.
(6) Other circumstances prescribed by law.
1. If the borrower fails to use the loan for the agreed purpose, the lender may stop issuing the loan, withdraw the loan in advance or terminate the contract (in accordance with Article 203 of the Contract Law of the People's Republic of China).
2. If the lessee subleases the goods without the consent of the lessor, the lessor may terminate the contract (in accordance with Article 224 of the Contract Law of the People's Republic of China).
It should be noted that if the parties unilaterally terminate the contract, they should notify the other party, and the contract is terminated when the notice reaches the other party. If the other party has any objection, it may request the people or the arbitration institution to confirm the validity of the termination of the contract.