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How to determine the time of termination of a contract by litigation

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How to determine the time of termination of a contract by litigation


        

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  • 2024-06-02 06:00:48

    If one party claims to terminate the contract directly by bringing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when the copy of the indictment or the copy of the arbitration application is delivered to the other party.

    [Legal Basis]

    In Article 565 of the Civil Code, if one party claims to terminate the contract according to law, it shall notify the other party. The contract is terminated when the notice reaches the other party; If the notice indicates that the debtor fails to perform its obligations within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform its obligations within that period of time, the contract will be terminated upon the expiration of the period specified in the notice. If the other party objects to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

    If one party claims to terminate the contract directly by bringing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when the copy of the indictment or the copy of the arbitration application is delivered to the other party.

    C***

    2024-06-02 06:00:48

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