Several Special Cases In The Process Of Contract Performance

　　 1, the right to defense at the same time.

If both parties fail to fulfill their obligations, the other party has the right to refuse to perform accordingly.

　　 2, the right of uneasy defense

Advance performance debt One party has definite evidence to prove that the other party may lose its ability to perform, and may suspend performance, and require the other party to provide security, otherwise, it may not perform the contract.

　　 3, the right of defense after performance.

If the latter party finds that the performance of the first party fails to meet the requirements of the contract, the latter party may suspend performance.

　　 4. Subrogation right

When the debtor is idle to exercise his due creditor's right to cause damage to the creditor, the creditor requests the court to subrogate the creditor's rights in his own name.

　　 5. Rescission right

If a debtor abandonment of his due creditor's rights or loses property at a free or low price, the creditor may request the court to rescind the bank.

The above five kinds of remedies are common remedies found by the parties in the course of the performance of the contract. If they are used, they can effectively avoid losses and reduce legal risks. In the above three ways of performance, we should strive to fulfill our obligations after the contract is assumed, because at this point, if the risk is minimal in the contract, if it is not enough, we can strive for the same way of performance (the first one). For the second kind of obligation, it should be built on such a basis that both sides are their old customers, and their credit is very good, and they do not perform undesirable behaviors. But even so, they should be cautious and guard against unnecessary losses for themselves.

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The dissolution of a contract is divided into Statutory Dissolution and agreed dissolution.

Statutory Dissolution means that the parties may terminate the contract if there is one of the following circumstances:

(1) force majeure fails to achieve the purpose of the contract;

(2) before the expiration of the time limit for performance, one party explicitly indicates or indicates that the principal debt is not fulfilled by his or her actions.

(3) the parties concerned have delayed performing their major debts and have not yet fulfilled them within a reasonable time after they have been urged.

(4) one party's delay in performance of debt or other breach of contract results in failure to achieve the purpose of the contract.

(5) other circumstances stipulated by law.

The rescission of the agreement shall be based on the conditions of dissolution stipulated in the contract.

The termination of a contract is a time limit. It must be lifted within the time limit stipulated by the law (usually one year) or the parties have agreed to terminate the right to rescind. When the time limit expires, the party fails to make the right disappear.

The place where the contract is most likely to be discharged from the contract is the understanding of terminating the contract and relieving the terms of the contract. Generally, the rescission of the contract shall notify the other party in writing, and the contract will be terminated when the notice arrives. We must pay special attention when relieving the contract, and cancelling the contract at will will bring great risks to the enterprise. If the other party has any objection to the rescission of the contract, it may request the people's court or the arbitration agency to confirm the effect of the rescission of the contract. In the process of exercising the rescission right of the contract, it must deliver the notice of cancelling the contract to the other party's hands and leave evidence. In order to avoid controversy on whether the issue has been lifted.

If the contract has been terminated, it has not yet fulfilled its performance; if it has performed, according to the performance and the nature of the contract, the parties concerned may request the reinstatement of the original status, take other remedial measures and have the right to claim damages.