The specific circumstances of non-performance of the contract are as follows:
1. If one party explicitly indicates or indicates by its own behavior that it will not perform its contractual obligations, the other party may require it to bear the liability for breach of contract before the expiration of the performance period;
2. If one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration;
3. If one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may demand performance;
4. If the quality is not in conformity with the agreement, it shall be liable for breach of contract in accordance with the agreement of the parties. There is no agreement or unclear agreement on the liability for breach of contract. According to the nature of the subject matter and the size of the loss, the injured party can reasonably choose to ask the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration;
5. If one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, and after performing the obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses;
6. If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
If one party fails to perform non-monetary debts or the performance of non-monetary debts does not conform to the agreement, the other party may request performance, except in any of the following circumstances:
1, legally or practically impossible to perform;
2. The subject matter of the debt is not suitable for compulsory performance or the performance cost is too high;
2. The creditor fails to request performance within a reasonable time limit.
To sum up, if the purpose of the contract cannot be achieved, the people's court or arbitration institution may terminate the rights and obligations of the contract at the request of the parties, but it will not affect the liability for breach of contract.
Legal basis:
Article 577 of the Civil Code of People's Republic of China (PRC)
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
Work Summary of Housing and Construction Bureau in 2022 1
Since last year, under the correct leadership of the county pa