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How to cancel an electronic contract

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How to cancel an electronic contract


        

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  • 2024-06-18 20:00:49

    The following methods can be used to terminate the electronic contract:

    1. The parties may terminate the contract if they reach an agreement through consultation. The parties may agree on the conditions under which one party may terminate the contract. When the conditions for termination of the contract are met, the person with the right to terminate the contract may terminate the contract.

    2. 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.

    Legal basis

    Article 566 of the Civil Code of the People's Republic of China [Effect of termination of contract] After the termination of the contract, if the contract has not been performed, the performance shall be terminated; If the contract has been performed, the parties may, depending on the performance and the nature of the contract, request restoration or other remedial measures, and have the right to claim damages.
    If a contract is terminated due to breach of contract, the party 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 main contract is dissolved, the guarantor shall still be liable for the civil liability that the debtor should bear, except as otherwise agreed in the guarantee contract.

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