Continuing contract contracts for performance of recurring obligation, refers to contracts that repeat the same content over and over again, rather than contracts that are completed at one time or at a time.
For example, lease contracts and warehousing contracts belong to this category. Continuing contracts such as leases, loans, and consumer credits are for the purpose of use, income, and subject matter, and have already been enjoyed by the recipient, and cannot be returned, and therefore cannot be restored to their original state.
A non-continuing contract, also known as a temporary contract, refers to a contract whose performance is a one-time act.
That is, a one-time payment will make the content of the contract realize, such as a sale, gift, contract and other contracts.
Continuing and non-continuing contracts differ in retroactivity:
When a continuing contract is terminated, there is no possibility of restitution, or it is not appropriate to restore the original state, so the termination of the continuing contract will only take effect in the future, and the contractual relationship before the termination will not be affected;
After the termination of the non-continuing contract, there is a possibility of restitution, and retroactive effect can occur;
Termination of contract only applies to continuing contracts, i.e. contracts in which the debt cannot be fulfilled all at once and must be performed continuously, such as lease contracts, contract contracts, construction contracts and most contracts with the provision of services as the subject matter;
In principle, the termination of a contract can only be applied to non-continuing contracts.
Relevant bilingual regulations:
Article 566 of the Civil Code.
After the contract is terminated, if it has not been performed, the performance shall be terminated;If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.
If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.
After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
after a contract is rescinded, where the obligations h**e not yet been performed, the performance shall cease; where the obligations h**e already been performed, the parties may, taking into account the performance status and the nature of the contract, request restoration to the original status or other remedial measures taken, and h**e the right to request for compensation for losses.
where a contract is rescinded due to a default, the party with the right to rescind the contract may request the breaching party to bear default liability, unless otherwise agreed by the parties.
after the principal contract is rescinded, a security provider shall still be obligated to secure the debtor’s liability, unless otherwise agreed in the security contract.
Refer to bilingual example sentences:
with respect to labour matters, the dab urges that efforts should be made to increase job opportunities, offer employment assistance to the grassroots and enhance labour protection. specific measures include the promotion of the household waste separation scheme and assisting the development of associated industries; finalizing the various infrastructure and community works projects as well as the major transport infrastructure projects; introducing a family-friendly employment policy; setting up an employment quota system for people with disabilities; legislating for a minimum wage; undertaking studies to extend the scope of wage protection to general workers in the construction industry, packaging workers, messengers, lift operators, general workers in the agriculture and fisheries industries, cargo transportation workers and other trades; as well as reviewing the law on the "4-18" continuous contract and enhancing the protection of the benefits of part-time workers.
Specific measures include promoting household waste classification** schemes and assisting the development of relevant spin-off industries;Expeditiously implement various infrastructure and community facilities projects, as well as various large-scale transport infrastructure projects;Promote a family-friendly employment policy;Establishment of a quota system for the employment of persons with disabilities;legislating to protect the minimum wage, and studying extending the scope of protection to other trades such as construction handymen, packers, couriers, lift operators, agriculture, fisheries and livestock handymen and freight workers, as well as reviewing the "4-18" continuous contract legislation to strengthen the protection of the welfare of part-time workers, etc.
as a new kind contract, the movable telecommunication service contract possesses technicality, formality, industry and monopoly.
As a new type of contract, mobile telecommunication service contracts have the characteristics of technicality, format, industry, monopoly and continuity.