The conditions for the validity of the contract include that the parties have the corresponding capacity for civil conduct, that their intentions are genuine, that they do not violate the mandatory provisions of laws and regulations, and that they do not violate public order and good customs. So, what are the conditions for the performance of the contract?
Netizen consultation:
What are the conditions for the performance of the contract
Lawyer answers:
The conditions for the performance of the contract are as follows:
1. The contract is established in accordance with the law
2. The contract has legal effect;
3. Meet the performance conditions agreed in the contract.
The performance of the contract shall be comprehensive and creditworthy, abide by the promise, if the contract is not clear, it can be supplemented by agreement, and if no agreement can be reached, it shall be determined in accordance with the relevant terms of the contract or transaction Xi.
Lawyer adds:
The main differences between contract termination and contract termination are:
1. The scope of application is different. 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.
2. The applicable conditions are different. Termination of the contract applies both to a breach of contract by one party and to the absence of a breach of contract;The rescission of the contract mainly applies to the non-performance of the contract by one of the parties.
3. The legal consequences are different. The termination of the contract merely extinguishes the contractual relationship in the future and is not retroactive, so it does not have the legal effect of restitution;The rescission of the contract may result in the retroactive extinction of the contractual relationship, thus giving rise to the legal consequence of restitution.
Laws and Regulations] Article 509 of the Civil Code.
The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction Xi of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 510 of the Civil Code.
After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement;If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or transaction Xi.
Lawyer Dina Fever Profile
He is a practicing lawyer at Tianjin Oriental Law Firm and holds a bachelor's degree in law from Nankai University, focusing on litigation and non-litigation areas such as contract disputes, private lending disputes, marriage and family inheritance disputes, labor disputes, and foreign-related legal business. He has extensive litigation experience and is able to provide a full range of legal services.