Can an individual terminate the property service contract?

There are two main ways for individuals to terminate property contracts: negotiation and legal termination. Individuals can negotiate with the property management company to terminate the property contract, or according to the provisions of the Civil Code of People's Republic of China (PRC), the parties can terminate the contract when the purpose of the contract cannot be achieved due to force majeure and other legal circumstances.

First, how do individuals terminate the property contract?

According to China's free regulations, there are two ways to terminate the contract, one is to terminate the contract through consultation, and the other is to terminate the contract according to law. Individuals can negotiate with the property company to terminate the property contract.

Article 562 of the Civil Code of People's Republic of China (PRC) stipulates that the parties may terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

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.

Second, is it effective to terminate the property contract without writing a few copies?

The contract is an agreement between the two parties, and it is best to make two copies. If there is only one copy, it is valid as long as both parties sign it.

The contract effect meets the following requirements:

(1) The parties to a contract have corresponding capacity for civil rights and capacity for civil conduct.

The parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for contracting, so as to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect.

(2) The parties to the contract expressed their true meaning.

The party's expression of will is true, that is, the actor's expression of will should truly reflect his inner meaning. After the contract is established, it is often difficult to judge whether the parties' expression of will is true from the outside, and the law generally does not take the initiative to intervene. The lack of elements of true expression of will, that is, the expression of will is untrue, does not absolutely lead to the invalidity of the contract.

(3) The contract does not violate the law or public interest.

A contract does not violate the law and social public interests, which mainly includes two meanings: First, the contents of the contract are legal, that is, the rights and obligations agreed in the contract terms and the objects they point to, that is, the subject matter. , should comply with the provisions of the law and the requirements of public interest. Second, the purpose of the contract is legal, that is, the reasons for the parties to conclude the contract are legal, the direct internal reasons are legal, and there is no fact that the illegal purpose is achieved by legal means and the law is circumvented.

(4) Having the formal requirements for the entry into force of the contract as stipulated by laws and administrative regulations.

The so-called formal requirements refer to the requirements of laws and administrative regulations on the form of contracts. Formal requirements are usually not the requirements for the contract to take effect, but if laws and administrative regulations are the conditions for the contract to take effect, it will become one of the requirements for the contract to take effect. Without these formal requirements, the contract can't take effect. Except as otherwise provided by law.

Three, whether the termination of the property contract is the final contract.

Quasi-contract in civil code is a conditional contract, which refers to the conditions that determine the establishment of contract elements. Such as: the execution of the license, the collection of foreign exchange, waiting for the lawyer's review or waiting for the final official text to be printed and formally signed (as opposed to initialling), etc. There is no fundamental difference between quasi-contract and contract in form, but the content format is the same, but it is sometimes classified as a herbal version or a formal version. But legally, there is a fundamental difference. The quasi-contract can automatically become invalid when the precondition is lost, and it will not bear any loss responsibility; The contract must be executed, otherwise it is called breach of contract.

The above is to give you a detailed introduction on how to terminate the property contract. There are two ways to terminate the property contract: negotiation termination and legal termination. If you have any other legal questions, please go to the online legal consultation platform, and our online lawyer will give you professional answers.