How to solve contract breach

I Breach of contract How to solve

After signing the contract, both parties shall perform the contract; Failure to perform or breach of contract constitutes breach of contract, which may be based on《 civil procedure law 》、《 Civil Code 》To the local court litigation 。

According to the law, if one party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall continue to perform, take remedial measures or compensate for losses Liability for breach of contract 。

Article 577 of the Civil Code

If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses.

2、 How to stipulate liability for breach of contract

The parties may agree that when one party breaches the contract, it shall pay a certain amount to the other party in accordance with the circumstances of the breach Liquidated damages And may also agree on the calculation method of the amount of compensation for losses arising from breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are too high for the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.

Article 585 of the Civil Code

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, or they may agree on the calculation method of the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce them.

Where the parties have agreed on liquidated damages for delay in performance, the breaching party shall, after paying the liquidated damages, perform debt 。

III buy a house What happens after default terminate a contract

The contract can be terminated through negotiation and litigation.

The Chinese law stipulates that if a party suspends performance according to the preceding article, it shall notify the other party in a timely manner. Where the other party provides an appropriate guarantee, it shall resume performance. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed that it has demonstrated its failure to perform its main debts by its own behavior, and the party whose performance is suspended may terminate the contract and request the other party to assume liability for breach of contract. The parties may terminate the contract if they reach an agreement 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.

If the breach of contract by the developer is due to problems such as housing quality and property rights, the responsibility for breach of contract lies with the developer, House purchase Applicants can choose to apply Check out 。

Article 528 of the Civil Code

Parties according to the preceding article

If the performance is suspended, the other party shall be notified in a timely manner. Where the other party provides an appropriate guarantee, it shall resume performance. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed that it has demonstrated its failure to perform its main debts by its own behavior, and the party whose performance is suspended may terminate the contract and request the other party to assume liability for breach of contract.

Article 562 of the Civil Code

The parties may terminate the contract if they reach an agreement 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.

Through the content of this article, I hope to be able to answer the problem of how to solve the contract breach you are facing. Usually we can learn more legal knowledge In this way, when facing legal problems that need to be solved, we can safeguard our rights and interests through the legal knowledge we have learned. To learn more about relevant legal issues, click the "Consultation Now" button below to match your major lawyer Help is available online.