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1、 Legal termination of contract
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 。
If the purpose of the contract cannot be realized due to force majeure, the contract shall lose its meaning and be attributed to extinction. In this case, the law allows the parties to terminate the contractual relationship by exercising the right to terminate.
2. Prior to the expiration of the time limit for performance, one party expressly stated or indicated by its own behavior that it would not perform its main obligations.
This is the debtor's refusal to perform, also known as breach of contract, including express and implied breach of contract. As a condition for the dissolution of the contract, it requires the debtor to be at fault, to refuse to act illegally (without legal reasons), and to be able to perform.
3. One party delayed the performance of main debts and failed to perform within a reasonable period after being urged to do so
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1. General procedures.
The general procedure is the procedure to terminate the contract in the absence of special provisions of the law or special agreement between the parties. When the contract is terminated according to the general procedure, the person with the right to terminate the contract shall first notify the other party, that is, express the intention to terminate the contract to the other party in a clear manner, and the contract is terminated when the notice reaches the other party.
another In addition, the person who has the right to terminate shall be within the time limit for exercising the right to terminate. If the law stipulates or the parties agree on a time limit for exercising the right of rescission, and the parties fail to exercise it at the end of the time limit, the right shall be extinguished. method If the law does not stipulate or the parties do not stipulate the time limit for exercising the right of rescission, and the party fails to exercise the right within a reasonable time after being urged by the other party, the right shall be extinguished. It can be seen that the exercise period of the right of rescission is a period of exclusion, which indicates that Within the time limit, the right of rescission is valid. If the time limit for exercising the right is exceeded, the right of rescission shall be extinguished.
2. Special procedures
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The general legal consequences resulting from the termination of the contract relationship are as follows:
(1) Terminate the obligations of both parties to the contract to perform in the future
If the contract has not been performed after it is dissolved, the performance shall be terminated.
(2) Termination of the contract does not affect the right of the parties to claim damages
close There are two different approaches to civil legislation in the main countries of civil law system with regard to whether compensation for losses can be claimed after termination. One is exclusionism, which stipulates that when the family terminates the contract, it cannot claim damages at the same time; If claim for damages Compensation cannot terminate the contract. Termination of contract and compensation for damages are mutually exclusive and cannot coexist! The second is the coexistence doctrine, which stipulates that the parties can request to terminate the contract and compensate for losses at the same time. However, countries that adopt such practices are paying damages There are differences in the scope of compensation
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The main differences between contract cancellation and contract cancellation are:
1. From the perspective of scope of application, the scope of application of revocation is relatively broad, not only applicable to the contract field lacking effective elements, but also applicable to the occasions of flawed declaration of will and civil acts; The rescission is only applicable to the situation where the valid contract is terminated in advance.
2. From the perspective of the causes, the reasons for revocation are directly stipulated by law; The reasons for dissolution are both stipulated by law and agreed by the parties.
3. From the perspective of the effect, revocation has retroactive effect, and the revoked civil act is invalid from the beginning; However, rescission often has no retroactive effect, and only when the parties have a special agreement or the law has a special provision, and the contract is terminated by breach of contract and not continued, can it have retroactive effect
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first party:
Party B:
Party A and Party B originally signed the Contract (HZ No. ____) on ___, ___, ___, ___. Now, due to ___________________________________________________, Party ____ is unable to continue to perform the Contract. Upon mutual agreement, the Contract is terminated on ___, ___.
Party ___ shall be responsible for compensation for the losses caused to Party ___ due to the termination of the contract. The compensation shall be paid in ___ installments from ___ to ___. It is hereby agreed.
This agreement shall come into force after being signed and sealed by both parties. The agreement is in ___ copies, one for each party.
Party A: (seal) Party B: (seal)
Representative: (seal) Representative: (seal)
specific date
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Consultation on contract termination
Legal Counsel Recent reply:
The contract can be terminated during the performance of the contract. The parties may terminate the contract if they reach an agreement through consultation. When the agreed reasons for terminating the contract occur, the person with the right to terminate the contract may terminate the contract. In any of the following circumstances during the performance of a contract, the parties may terminate the contract: （1） The purpose of the contract cannot be achieved due to force majeure; （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; （3） One party delayed the performance of its main debts and failed to perform within a reasonable period after being urged to do so; （4） The purpose of the contract cannot be realized due to the delay in performance of the obligation or other breach of contract by one party; （5） Other circumstances prescribed by law. [Legal Basis] In Article 562 of the Civil Code, the parties may terminate the contract if they reach consensus through consultation. The parties may agree on the reasons why one party terminates the contract. When the cause for terminating the contract occurs, the person with the right to terminate the contract may terminate the contract. In Article 563 of the Civil Code, 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） 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; （3） One party delayed the performance of its main debts and failed to perform within a reasonable period after being urged to do so; （4） The purpose of the contract cannot be realized due to the delay in performance of the obligation or other breach of contract by one party; （5） Other circumstances prescribed by law. For an indefinite contract with a continuously performed obligation as its content, the parties may terminate the contract at any time, but shall notify the other party before a reasonable time.
Legal Counsel Recent reply:
A contract can be terminated by breach of contract. In general, after the parties have concluded the contract, they cannot terminate the contract at will and need to be bound by the rights and obligations of the contract. However, the contract may be terminated if the legal or agreed circumstances for termination of the contract are met. Agreed dissolution refers to the matters agreed in the contract for dissolution of the contract. When the agreed reasons appear, the parties have the right to terminate the contract. [Legal Basis] Article 582 of the Civil Code states that if the performance is not in conformity with the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. Where the liability for breach of contract was not prescribed or clearly prescribed, and cannot be determined in accordance with the provisions of Article 510 of this Law, the aggrieved party may, according to the nature of the subject matter and the size of the loss, reasonably choose to request the other party to assume the liability for breach of contract, such as repair, rework, replacement, return of goods, reduction of price or remuneration.
Legal Counsel Recent reply:
The laborer may terminate the labor contract by notifying the employing unit in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period. If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance. [Legal Basis] According to Article 37 of the Labor Contract Law, a worker may terminate the labor contract by notifying the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.
Legal Counsel Recent reply:
(1) No property dispute cases: ordinary civil, economic and administrative cases that do not involve property shall be charged between 6000 yuan and 100000 yuan through negotiation according to the nature, complexity, time required for work and other factors of the case; If the civil, economic and administrative cases in other places do not involve property, the agency fee shall not be less than 20000 yuan [2]; (2) Legal documents: write, modify and review legal documents on behalf of others. According to the nature, difficulty, time and other factors of legal documents, each document will be charged between 600 and 2000 yuan through negotiation; (3) Lawyer witness: according to the nature of legal documents, the required time and other factors, the negotiation fee is between 2000 and 10000 yuan per piece. (4) Notarization on behalf: lawyers have different affairs for notarization on behalf, and the negotiation fee is between 1500 yuan and 3000 yuan for each piece; (5) Lawyer's letter and legal opinion: issue a lawyer's letter or legal opinion for the client, and negotiate the charges according to the difficulty of the relevant affairs, the purpose of use, the time required for work and other factors, each of which is between 1500 and 20000 yuan. (6) Lawyer investigation: charge according to the investigation items.
Legal Counsel Recent reply:
1. Charges for civil cases (1) No property dispute case Ordinary civil, economic and administrative cases that do not involve property shall be charged between 6000 and 100000 yuan through negotiation according to the nature, complexity, time required for work and other factors of the case; If the civil, economic and administrative cases in other places do not involve property, the agency fee shall not be less than 20000 yuan. (2) Legal document cases To write, modify and review legal documents on behalf of others, according to the nature, difficulty, time required for work and other factors of legal documents, each document will be charged between 600-2000 yuan through negotiation. (3) Witness of lawyer According to the nature of legal documents, the required time and other factors, the negotiation fee is 2000-10000 yuan per piece. (4) Notarization on behalf Lawyers charge 1500-3000 yuan for each piece of notarization service. (5) Lawyer's Letter and Legal Opinion To issue a lawyer's letter or legal opinion for the client, and negotiate charges according to the difficulty of the relevant affairs, the purpose of use, the time required for the work, and other factors. Each negotiation charge is between 1500-20000 yuan. 2. Charges for criminal cases (1) Investigation stage (including self investigation by the procuratorate): 6000-18000 yuan; (2) Review and prosecution stage: 6000-30000 yuan; (3) Trial stage: 8000-50000 yuan; (4) Agency for criminal private prosecution and incidental civil litigation: 6000-60000. (5) For crimes involving national security, crimes involving mafia and drugs and other major difficult cases, the agency fee shall be charged at twice the above standard. 3. Charges for civil and commercial cases (1) For the part whose subject matter is less than 100000 yuan: 7% service charge; (2) For the part of dispute subject above 100000 yuan but below 1 million yuan: 6% service fee will be charged; (3) For the part of dispute subject above 1 million yuan but below 5 million yuan: 5% service fee will be charged; (4) For the part of dispute subject above 5 million yuan but below 10 million yuan: 3% service charge; (5) For the part of dispute subject above 10 million yuan but below 50 million yuan: 1% service fee will be charged; (6) 0.5% service fee will be charged for the part of dispute subject above 50 million yuan.
