At the same time, does the right of defense apply to property fees?

Depending on the specific application, "the right of defense should be performed at the same time". According to Article 66 of the Contract Law, "If the parties owe each other debts and fail to perform them in order, they shall perform them at the same time. One party has the right to refuse the performance requirements of the other party before performance, and the other party has the right to refuse the corresponding performance requirements when the performance does not meet the contract.

The right of defense of simultaneous performance refers to the right of defense to refuse to pay if the other party fails to perform or the performance does not meet the agreement in a double-service contract that has not been performed successively.

Article 525th of the Civil Code stipulates:

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.

Components:

(a) The same bilateral contract must be mutually indebted.

The basis of performing the right of defense at the same time lies in the functional meaning of the bilateral contract, so it is applicable to the bilateral contract, but not applicable.

Applicable to unilateral contracts and incomplete bilateral contracts. If you can claim to perform the defense at the same time, it is based on the same bilateral contract. The debts of both parties are not based on the same bilateral contract, and even if they are closely related in fact, they may not claim to perform the right of defense at the same time. Therefore, the establishment of the right of simultaneous defense must have the elements of mutual debt based on the same bilateral contract.

The debt here should first be the obligation to pay. For example, in a sales contract, the seller has the obligation to deliver the goods.

The buyer has the obligation to pay for the goods; In the lease contract, the lessor has the obligation to provide the lease item, and the lessee has the obligation to deliver the lease item.

The obligation of rent. There is a theoretical debate on whether there is an implicated relationship between the obligation of subordinate payment and the obligation of principal payment, but the theory of subordinate payment is controversial.

When the performance of the payment obligation is closely related to the realization of the purpose of the contract, it should be considered as related to the main payment obligation, resulting in the right of defense of simultaneous performance. For example, the buyer of a famous horse has the right to refuse to pay the price because the seller has not delivered the award certificate and the pedigree certificate.

If the right of claim for performance is converted into the right of claim for damages, the right of defense for simultaneous performance is also applicable. For example, Party A's car A and Party B's car B are interchangeable. If Party A's vehicle is damaged or lost due to force majeure, Party A shall be liable for compensation for breach of contract. Party B's claim for payment on behalf of Party A and Party A's claim for payment of Party B's car can still be fulfilled at the same time.