What are the illegal acts of not performing duties as agreed during the property service period?

No matter what kind of contract, if everyone should bear the responsibility for breach of contract during the performance of the contract, then when there is a breach of contract, the parties to the contract should perform it according to the breach clauses agreed in the contract. Then, what are the liabilities for breach of contract for non-performance of the property contract? In order to help you better understand the relevant legal knowledge, I have compiled the relevant contents. Let's have a look.

1. What are the liabilities for breach of contract for failing to perform the property contract?

(a) the liability for breach of contract for non-performance of the property contract includes taking remedial measures, paying liquidated damages or compensation, etc.

According to the provisions of Article 577 of the Civil Code, if the party liable for breach of contract fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

(two) after the breach of contract, the liquidated damages and deposit can not be applied at the same time.

Article 588 of the Civil Code stipulates that if both parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the terms of liquidated damages or deposit.

If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.

(3) Provisions to be observed when determining liquidated damages in case of breach of contract.

Article 585 of the Civil Code: The parties to breach of contract may agree that one party shall pay a certain amount of liquidated damages to the other party, and may also agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, what are the provisions on the liability for breach of contract in the cooperation agreement between major material suppliers?

People's Republic of China (PRC) Civil Code

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 If the party who is expected to bear the liability for breach of contract clearly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may demand that he bear the liability for breach of contract before the expiration of the performance period.

Article 579 Where the party who actually performs the monetary debt fails to pay the price, remuneration, rent or interest, or fails to perform other monetary debts, the other party may demand a reminder.

Article 580 Where one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances:

(a) It is legally or practically impossible to perform;

(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

(3) The creditor fails to request performance within a reasonable time limit.

In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the people's court or arbitration institution may, at the request of the parties, terminate the rights and obligations of the contract, but it does not affect the liability for breach of contract.

Article 581 Where one party fails to perform the debt or the performance of the debt is not in conformity with the contract, and it cannot be performed according to the nature of the debt, the other party may require it to bear the expenses to be performed by a third party.

Article 582 Where the performance of the liability for breach of contract is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.

Article 583 If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.

Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 586 The parties to the deposit guarantee may agree that one party shall pay the deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

To sum up, if there is no contract dispute settlement method in the cooperation agreement, and both parties have not signed an arbitration agreement, and the dispute in the cooperation agreement cannot be resolved through consultation, they can bring a lawsuit to the civil court.

Third, can the liability for breach of contract be passed on?

Yes, you can. Generally speaking, there is not much difference between a three-party agreement and a two-party agreement, and what responsibilities are assumed basically depends on the nature of the contract and breach of contract:

(1) After this contract comes into effect according to law, both parties shall fully perform their contractual obligations according to the terms stipulated in the contract. 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.

(2) According to the principle of privity of contract, the parties to the original contract shall bear the liability for breach of contract agreed in the contract, and then recover from the relevant responsible subject (the third party).

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

The above is what I have introduced to you in detail about the liability for breach of contract for non-performance of property contracts. When dealing with the breach of contract, the parties may deal with it according to the relevant laws and regulations and the actual situation.