Can the contract be cancelled because the contract cannot be performed on time? What should I do if the transaction of commercial housing is affected? At a press conference held by the Information Office of the State Council on May 19, the Supreme People ’s Court issued guidance on issues related to the proper trial of civil cases involving the new coronary pneumonia epidemic according to law (2). The request to terminate the contract is not supported, and the performance period can be changed.
Lin Wenxue, President of the Second Chamber of the Supreme People ’s Court, introduced that the epidemic situation or the epidemic prevention and control measures caused the seller to fail to deliver the house within the time limit stipulated in the commercial house sales contract, or caused the purchase If the person cannot pay the purchase price within the agreed time limit, the parties request the termination of the contract, and if the other party bears the responsibility for breach of contract, the people’s court will not support it. However, if the parties request to change the time limit for performance, the people’s court shall make changes based on the principle of fairness in light of the actual situation of the case.
At the same time, the guidance also made it clear that the leased house is used for business. The epidemic situation or the epidemic prevention and control measures caused the lessee ’s capital turnover to be difficult or the operating income was significantly reduced. The lessor used the lessee The people ’s court shall not support the cancellation of the lease contract on the ground that the rent has not been paid within the agreed time limit, and the lessee shall bear the responsibility for breach of contract.
However, in some cases it is allowed to terminate the contract. Liu Guixiang, a full-time member of the Judicial Committee of the Supreme People ’s Court, said, “For example, for the Spring Festival, or due to certain seasonal needs, the venues reserved for exhibitions and temple fairs. If the lease contract continues to be performed at this time, the purpose of the contract cannot be achieved. Under the circumstances, it is allowed to cancel the contract. “
For the leasing disputes in the catering and other industries, Liu Guixiang said that the guidance requirements generally do not support the request to terminate the lease contract. Liu Guixiang explained that due to the epidemic situation and epidemic prevention and control measures, the lessee’s turnover decreased and the funds were difficult to withdraw, and the rent could not be paid in time or in full. The lessor proposed to terminate the contract. In this case, it does not affect the realization of the purpose of the contract. The provisions of force majeure and termination of the contract do not support the lawsuit request for termination of the contract. According to the principle of fairness, combined with the specific facts of the parties and their business conditions, the rent should be adjusted as appropriate or the time limit for the delivery of the rent should be adjusted.
Liu Guixiang emphasized that if the lessor is a state-owned enterprise or administrative institution renting a house for business operation, according to the corresponding preferential policies issued by the state, the state-owned enterprise or administrative institution shall act as The lessor shall waive the rent for a certain period according to the policy during the epidemic situation. If the lessor sues and still asks for rent, or because the lessee has not paid the rent for the past few months, the lessor says that he has breached the contract and asked to terminate the contract, the courtWill not support it.
“If affected by the epidemic, the company is completely determined that it will no longer be able to pay the rent, and the contract cannot be performed.” He said that this situation should allow both parties to propose to terminate the contract The court shall support the request.
(Original title: Guidance issued by the Supreme Law: the period of sale of commercial housing affected by the epidemic can be changed)