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What does it mean that the property also performs the right of defense?
What are the three kinds of right of defense?
1, and exercise the right of defense at the same time. It means that one party to a bilateral contract has the right to refuse to pay before the other party pays. The legal basis of performing the right of defense at the same time lies in the relationship between creditor's rights and debts of bilateral contracts. If the creditor's rights and debts of one party are invalid or ineffective, the creditor's rights and debts of the other party are invalid or ineffective. The relevance of preparation determines the relevance of performance. Both parties shall perform their debts at the same time. Before one party fails to perform or proposes to perform, the other party has the right to refuse to perform its obligations.
2. Exercise the right of defense first. When the parties to a contract owe each other debts and there is a sequence of performance, if one party fails to perform first, the other party has the right to refuse its performance requirements. If the first performing party fails to perform the contract, the second performing party has the right to reject its corresponding performance requirements.
3, uneasy to perform the right of defense. The right of uneasy defense refers to the right of the parties to suspend the performance of the contract before the other party recovers its performance ability or provides a guarantee, if the party who performs first has definite evidence that the other party has lost its performance ability. The purpose of stipulating the right of uneasy defense is to effectively protect the legitimate rights and interests of the parties, prevent contract fraud and urge the other party to fulfill its obligations.
Legal basis: Article 525 of the Civil Code of People's Republic of China (PRC).
If the parties owe each other debts and there is no order of performance, they shall perform at the same time. Before the other party performs, one party has the right to refuse to perform the request. When the performance of the debt does not conform to the contract, one party has the right to refuse the corresponding performance request of the other party.
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