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Is it a breach of contract to withdraw rent on the grounds that the house is leaking?
Breach of contract refers to the breach of contract obligations by the parties to the contract, which is the basic composition of the liability for breach of contract. Without breach of contract, there is no liability for breach of contract.
According to the time of breach of contract, breach of contract can generally be divided into expected breach of contract and actual breach of contract, while actual breach of contract can be divided into non-performance, non-conformity of performance and other violations of contractual obligations, while non-conformity of performance can be divided into delayed performance, defective performance and incomplete performance.
Anticipatory breach of contract, also known as premature breach of contract, premature breach of contract and anticipatory breach of contract, refers to a contract system in which one party expressly or implicitly fails to perform the contract before the performance period stipulated in the contract comes, thus causing certain rights and obligations between the parties.
Actual breach of contract:
1. Non-performance refers to no performance at all's own contractual obligations at the expiration of the contract performance period;
2. Non-conformity in performance means that the debtor fails to perform the contractual debts at the expiration of the performance period stipulated in the contract without justifiable reasons. If there is no time limit for performance in the contract, even after the creditor asks for performance, it is also a delay in performance.
3. Other breach of contract obligations mainly refers to violation of legal obligations such as notification, assistance and confidentiality.
laws and regulations
People's Republic of China (PRC) Civil Code
Article 563 The parties may terminate the contract under any of the following circumstances:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.
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