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How to determine the time limit for the performance of the principal creditor's rights

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How to determine the time limit for the performance of the principal creditor's rights


        

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  • 2024-06-15 14:00:02

    The determination of the main debt performance period needs to refer to the relevant provisions of the Civil Code.
    If there is no agreement or unclear agreement on the performance period of the debt, after the contract takes effect, the parties may sign an agreement to supplement the quality, price or remuneration, place of performance, etc; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or the transaction customs. If it is still uncertain or the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also demand performance at any time, but the other party shall be given necessary preparation time.
    With regard to the limitation of action, if the time limit for performance of a contract for which no time limit for performance has been agreed is determined in accordance with the supplementary agreement and trade practices, the time limit for action shall be calculated from the date of expiration of the time limit for performance; If the time limit for performance cannot be determined, the limitation period of action shall be calculated from the date of expiration of the grace period for the obligee to require the obligor to perform its obligations, but if the obligor clearly indicates that it will not perform its obligations when the obligee claims its rights for the first time, the limitation period of action shall be calculated from the date when the obligor clearly indicates that it will not perform its obligations.
    To sum up, if there is no agreed period of performance or the agreement is unclear, the creditor may require the debtor to perform at any time, but must give the debtor the necessary preparation time.

    Legal basis

    Article 510 of the Civil Code of the People's Republic of China [Remedies not stipulated in the contract or not clearly stipulated] After the contract takes effect, if the parties have not stipulated or not clearly stipulated the quality, price or remuneration, place of performance and other contents, they may supplement by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or the transaction customs.

    s***

    2024-06-15 14:00:02

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