What are the legal conditions for contract dissolution

I rescission of a contract What are the legal conditions of

《 Civil Code 》Article 563 provides that the parties may terminate a contract ：

1. The purpose of the contract cannot be realized 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, China's Civil Code allows the parties to terminate the contractual relationship by exercising the right of rescission.

2. Prior to the expiration of the time limit for performance, one party clearly stated or indicated by its own behavior that the main reason for non performance debt 。 This is obligor Refusal to perform, also called breach of contract, includes express breach of contract and implied breach of contract. As Conditions for contract termination First, it requires the debtor to be at fault, second, the refusal is illegal (without legal reasons), and third, it requires the debtor to be able to perform.

3. One party delayed the performance of its main debts and failed to perform within a reasonable period after being urged to do so. This is the debtor's delay in performance. According to the nature of the contract and the intention of the parties, if the time limit for performance is not particularly important in the content of the contract, even if the debtor performs after the expiration of the time limit for performance, the purpose of the contract will not be frustrated. In this case, in principle, the parties are not allowed to terminate the contract immediately, but should creditor A performance reminder shall be sent to the debtor and a certain grace period shall be granted for performance. If the debtor fails to perform at the expiration of the grace period for performance, the creditor has the right to terminate the contract.

4. The purpose of the contract cannot be realized due to the delay in performance or other breach of contract by one party. For some contracts, the time limit for performance is very important. If the debtor fails to perform on schedule, the purpose of the contract cannot be achieved. In this case, the creditor has the right to terminate the contract. This shall also be true when the purpose of the contract cannot be realized due to other breaches of contract.

5. Other circumstances prescribed by law. If the law stipulates special legal conditions for rescission of certain specific contracts, such provisions shall prevail.

Civil Code (effective on January 1, 2021) Article 562【 Termination of contract 】Parties The contract may be terminated if the parties 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.

Article 563【 contract law 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.

2、 What are the conditions for termination of the contract agreement

The condition for termination of a contract agreement is that both parties agree to terminate the original contractual relationship through consultation. Its essence is that Parties to the contract A new contract was established between the two parties, whose main content is to abandon the original contractual relationship between the two parties, so that both parties can Creditor's rights and debts Attribution to extinction.

The dissolution of the agreement takes the form of contract (i.e. dissolution of the agreement), so it should have the effective elements of the contract, that is, the parties have the corresponding capacity; True declaration of intention; Content does not violate mandatory statute Fan He's social and public interests; Take appropriate form.

The conditions for the dissolution of the contract can be divided into two categories, including legal conditions for dissolution and agreed conditions for dissolution. No matter which way to terminate the contract, the parties must have disputes, otherwise their own interests will be damaged. Nomogram Online lawyer , if you have any doubts, you are welcome to consult at any time.