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There are several legal conditions for contract cancellation

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Source: Legal Chart Compilation · 2024.02.27 · 21878 people have seen it
Guide: Article 563 of the Civil Code stipulates that 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 party clearly stated or indicated by its own behavior that it would not perform its main debts. 3. One party delayed the performance of its main debts and failed to perform within a reasonable period after being urged to do so.
 There are several legal conditions for contract cancellation

I Cancellation of contract There are several legal conditions for

Civil Code 》Article 563 provides: "In any of the following circumstances, the parties may terminate a contract

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 party clearly stated or indicated by its own behavior that it would not perform debt ;

3. One of the parties 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. "

2、 The details are as follows:

(1) The purpose of the contract cannot be realized due to force majeure. Force majeure refers to unforeseeable, unavoidable and insurmountable objective conditions. Force majeure may cause the contract to be unable to be performed, not fully performed or not performed on time. If all production lines of the supplier company A (production enterprise) are damaged due to natural disasters, the contract cannot be performed; Partial damage can be determined as incomplete performance according to the situation; Natural disasters may also lead to failure to perform as scheduled.

(2) Anticipatory default. The performance period has not expired, obligor Explicit or implied breach of contract is called anticipatory breach. The so-called express anticipatory breach refers to the debtor's notice or declaration that he will not perform the contract when due. Implied anticipatory breach of contract means that the debtor indicates by his behavior that he will not perform the contract when it is due. For example, the debtor sells the only subject matter to a third person, who acquires the ownership of the subject matter in good faith. At this time, the expected defaulter cannot perform the contract when it is due, which is implied breach of contract.

(3) The party concerned delayed the performance of the main debt and failed to perform within a reasonable time after being urged to do so.

Delay in performance refers to the debtor's failure to perform his obligations after the expiration of the performance period. If the parties delay the performance of their main debts and the purpose of the contract can still be achieved by continuing the performance or the benefit of the performance of the creditor's rights can still be achieved, creditor Instead of directly notifying the debtor to terminate the contract, the debtor should be urged to perform its contractual obligations. If the debtor still fails to perform within a reasonable time after being urged to do so, the creditor may notify the debtor to terminate the contract after obtaining the unilateral right of termination. A demand for performance is a notice sent by the creditor to the debtor requesting performance. A reasonable time limit refers to giving the debtor the necessary time to prepare for performance. The length of a reasonable period shall be determined according to the specific circumstances of the contract.

(4) The purpose of the contract cannot be realized due to the party's delay in performing the obligation or other breach of contract. The party's delay in performing the contract or other breach of contract that makes the purpose of the contract impossible to achieve has constituted a fundamental breach of contract. At this time, there is no need to go through the procedure of reminder. The party in breach can notify the other party to terminate the contract when the contract is performed at the end of the time limit for performance by the defaulter.

(5) Other circumstances prescribed by law. The above four items list the situations of legal dissolution, which cannot cover all the situations of legal dissolution, so the law has set up outstanding clauses. "Other circumstances stipulated by law" refers not only to the relevant provisions of the Civil Code, but also to the provisions of other laws.

The cancellation of a contract is actually the cancellation of the contract, after which the rights and obligations of the parties will be extinguished, that is, the relationship between them will be terminated or dissolved. In reality, if the contract is allowed to be terminated at will, it will inevitably affect the stability of the transaction, and it is also easy to cause economic losses to the other party. Therefore, Article 563 of the Civil Code clearly states that rescission of a contract This is a legal condition for rescission. In addition, if the parties can negotiate a cancellation of the contract, it is also possible.

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