Mastering The Legal Risks Of Rescission Of Contracts

The lifting of a statutory agreement and the rescission of a legal agreement 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) in

Before the expiration of the term, the parties expressly express or demonstrate their failure to perform their principal debts by their own 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) delay in performance by one party

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.

Termination of the rights and obligations of the contract does not affect the validity of the terms of settlement and liquidation in the contract.

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Revocable contract

(1) a major misunderstanding: a contract entered into by the party on the basis of its fault on the background, purpose and content of the contract.

(2) obviously unfair contract: when both parties are lacking in experience, they have made obvious contracts which are unfavorable to themselves.

(3) the danger of taking advantage of others: the actor will force others to accept a contract contrary to their will by taking advantage of the danger situation or urgent need of others.

The three types of contracts are revocable contracts, and the victim may revoke the contract within one year when the party knows or should know one of the above.

In the course of the performance of a contract, a major change in the objective situation on which the parties concerned enter into a contract, affecting the performance of the contract, may be applied for changing the price clause.

The most common ones are the huge changes in material prices or major changes in the market.

In the process of operation, the effective use of the enterprise will also greatly reduce the loss of the enterprise.

When signing a contract, the following details should also be noted:

1. Keep the photocopy of the business license, the identity certificate of the legal representative, the power of attorney, the photocopy of the identity card, etc.

2, when the official seal must be clear.

3, the contract must be stamped and confirmed.