Contract law relating to performance of the contract terms-Yunnan Academy of building research

Contract law relating to performance of the contract terms

Published on.

2013-12-19

About the performance of the contract , should be familiar with contract law relating to performance of the contract terms .

　　Chapter IV of the performance of the contract

　　The parties shall in accordance with the agreement fully fulfill their obligations.

　　The parties shall follow the principle of good faith , according to the nature of the contract , trading habits to fulfill the purpose and notification , assistance, confidentiality and other obligations.

　　Article 61 after the commencement of the contract , the parties on the quality, price or remuneration, locations and other content is not agreed or the agreement is not clear, you can supplement the agreement ; supplementary agreement can not be reached , determined in accordance with the terms of the contract or transaction practices .

　　Article 62 Where a relevant term of the contract is not clear, in accordance with the provisions of Article 61 hereof, can not be determined , the following provisions apply :

　　( A ) the quality requirements are not clear, according to national standards , industry standard; no national standards , industry standards , fulfill the usual standards or comply with the specific purpose of the contract standards .

　　( B) the price or remuneration is not clear , according to the time of entering into the market price performance of the contract to perform ; law should perform government pricing or government guidance , performed in accordance with regulations.

　　(C ) the place of performance is not clear, payment of money, receiving money to fulfill one location ; delivery of immovable property , immovable property is located fulfillment ; other subject , in one location to fulfill their obligations .

　　(D ) the performance period is not clear , the debtor may discharge at any time , the creditor can always fulfill the requirements , but shall be given the necessary time to prepare .

　　(E ) to perform the way is not clear , according to the purpose of the contract in favor of a way to fulfill .

　　( Vi) the burden of the cost of performance is not clear, the obligor shall burden.

　　Article 63 of the implementing government pricing or government guidance in the contract delivery period of government price adjustment , according to the price -denominated time of delivery . Late delivery of the subject matter , the price has risen when the original price ; When prices fall, the new price . Delays in taking delivery or late payment , in case of price increases when the new price ; When prices fall, the original price .

　　Article 64 The parties agreed upon by the debtor to pay the debt to a third party , the debtor fails to perform obligations or performance of an obligation to a third person does not comply with the agreement, should bear the liability towards the creditors .

　　Article 65 The parties agree that a third person to fulfill obligations to creditors , the third party fails to perform obligations or the performance does not comply with the agreement, the debtor shall bear the liability to the creditor .

　　Article 66 Where the parties owe no order of performance shall be simultaneously fulfilled. Before the other party to fulfill the right to reject its request. When the other party does not comply with obligations to fulfill the agreement, the right to refuse to fulfill their respective requirements .

　　Article 67 Where the parties owe , there has to fulfill the order , the first party to fulfill unfulfilled , after fulfilling a party is entitled to reject its request. First party to fulfill obligations to fulfill non-conforming , the party is entitled to refuse to fulfill the corresponding requirement for performance.

　　Article 68 should first fulfill obligations of the parties , there is definite evidence that the other side has the following circumstances , may suspend its performance :

　　( A ) serious deterioration of operating conditions ;

　　( B) the transfer of property , withdrawal of funds , in order to avoid debt ;

　　(C ) loss of business reputation ;

　　( D) loss or other circumstances may lose its ability to perform .

　　Party suspends performance without conclusive evidence , shall be liable for breach of contract.

　　Article 69 Article 68 of the parties in accordance with the provisions of this Act suspends its performance , shall promptly notify the other party . When the other party to provide appropriate security , shall resume performance. After performance was suspended , the other does not and did not regain its ability to provide appropriate assurance within a reasonable period , the suspending party may terminate the contract .

　　Article 70 creditor division, merger or change of residence without informing the debtor , resulting in the occurrence of difficulties to fulfill the debt , the debtor may suspend its performance or escrow the subject matter .

　　The obligee may reject the debtor in advance of its debt, but without prejudice to advance the interests of creditors other than the fulfillment of . Debtor in advance of its debts to creditors increased costs borne by the debtor.

　　Article 72 The creditor may refuse to fulfill the debt portion of the debtor , but some carry out without prejudice to the interests of creditors other than the . Part of the debt to the creditor debtor to fulfill the additional costs borne by the debtor.

　　Article 73 of the obligor is indolent in exercising its due creditor , causing damage to creditors , creditors may request the People's Court in their subrogation claims of the debtor , but the creditor exclusively obligor .

　　Subrogation to exercise the scope is limited to claims of creditors . Necessary expenses subrogation rights, shall be borne by the debtor.

　　Article 74 of the debtor or creditor to abandon its expiration free transfer property damage caused by the creditor , the creditor may request the court to revoke the debtor. Debtor obviously unreasonable cost transfer of property , causing damage to creditors and assignees aware of the situation , the creditor can request the court for cancellation of the debtor.

　　The exercise of the right to revoke the scope is limited to claims of creditors . Expenses necessary to exercise the right to revoke the creditor , shall be borne by the debtor.

　　Article 75 The right of rescission from the creditor knew or should have known the cause for revocation exercised within one year . From the date of occurrence of the behavior of the debtor does not exercised within five years from the right to revoke the right to revoke eliminated.

　　Article 76 after the commencement of the contract , the parties shall not name, name change or legal representative , responsible person , the contractor fails to comply with changes in the contractual obligations .