There is also a type of contract called entrustment contract, which is the right of the parties to the contract to entrust a third party to be responsible for the contract
Netizen consultation:
Do I need to give notice to the principal to terminate the contract?
Lawyer answers:
When the entrustment contract is terminated, the other party to the contract shall be notified. When the conditions for terminating the contract are reached, the party terminating the contract needs to clearly state the intention to terminate the contract to the other party. When the intention to terminate the contract reaches the other party, the termination of the contract shall take effect. If you do not notify the other party, it will not have effect on the other party.
It should be noted that if the parties unilaterally terminate the contract, they shall notify the other party, and the contract shall be terminated when the notice reaches the other party. If the other party has any objection, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract.
Because the entrustment contract is based on the mutual trust of the parties. If the principal's trust in the trustee is shaken, he or she should be allowed to terminate the entrustment contract at any time. Otherwise, even if the contractual relationship between the two parties is barely maintained, it will affect the realization of the purpose of the entrustment contract.
Therefore, either party to the entrustment contract has the right to terminate at will, and the right to terminate at will means that the contract can be terminated anytime and anywhere, but the expression of intention to terminate the contract needs to reach the other party before it takes effect.
Lawyer adds:
Termination of the client's **:
1. ** people died;
2. The expiration of the ** period or the completion of the ** transaction;
3. The entrustment is cancelled by the ** person or the ** person resigns from the entrustment;
4. The person loses the capacity for civil conduct;
5. Termination as a legal person of the person or person.
Laws and Regulations] Article 565 of the Civil Code.
If one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated upon the arrival of the notice to the other party;The notice states that if the debtor fails to perform the debt within a certain period of time, the contract shall be automatically terminated;
If the debtor fails to perform its obligations within that time limit, the contract shall be discharged upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
Profile of Mr. Pan Wentao
Shandong Yiheng (Weifang) Law Firm is a practicing lawyer. He graduated from Shandong University in 2005 with a major in law, passed the national judicial examination in 2006, and has more than 10 years of experience in legal work and corporate management of Fortune 500 companies, listed companies and companies to be listed, and has rich experience in handling corporate disputes.