Can the contract be broken?

It is not illegal to tear up a contract, but once the contract is established and effective, even if one party unilaterally tears up the contract, the contract is still valid, and both parties must also bear their respective obligations stipulated in the contract. If one party breaks the contract and fails to perform its obligations under the contract, the other party has the right to claim liability for breach of contract in accordance with the contract.

1. Is it illegal to tear up a contract? It is not illegal to tear up a contract, but once the contract is established and effective, even if one party unilaterally tears up the contract, the contract is still valid, and both parties must bear their respective obligations stipulated in the contract. If one party breaks the contract and fails to perform its obligations under the contract, the other party has the right to claim liability for breach of contract in accordance with the contract. The legal binding force of a contract should be the force that the law gives to the contract on the parties. That is, if the parties violate the content of the contract, corresponding legal consequences will occur, including assuming corresponding legal liabilities. Binding force is a compulsory state that parties must do or must not do. Binding force comes from law, moral norms, or people's conscious awareness. Of course, the legal binding force from law affects people's behavior. The most compulsively binding.

2. Conditions for rescission of the contract (1) The purpose of the contract cannot be realized due to force majeure. Force majeure refers to objective circumstances that are unforeseen, unavoidable and insurmountable. Force majeure can cause the contract to be unable to be performed, to be fully performed, or to be performed on time. If Supplier Company A (manufacturing enterprise) causes all production lines to be damaged due to natural disasters, the contract cannot be performed; partial damage can be determined as incomplete performance depending on the situation; natural disasters may also lead to inability to perform as scheduled. (2) Anticipated default. If the performance period has not yet expired and the debtor breaks the contract expressly or implicitly, this behavior is called anticipatory breach of contract. The so-called express anticipated breach of contract means that the debtor expresses in the form of notice or statement that it will not perform the contract when it expires. The so-called implied anticipatory breach of contract means that the debtor expresses by its behavior that it will not perform the contract when it is due. For example, the debtor sells the only subject matter to a third party, and the third party acquires the ownership of the subject matter in good faith. At this time, the expected defaulter arrives It is impossible to perform the contract within the period, which is a tacit breach of contract. (3) The party delays the performance of major debts and fails to perform within a reasonable time after being urged. Delayed performance means that the debtor fails to perform its debt after the expiration of the performance period. If the party delays the performance of a major debt, and if the purpose of the contract can still be achieved by continued performance or the benefits of the performance of the creditor's rights can still be realized, the creditor cannot directly notify the debtor to terminate the contract, but should urge the debtor to perform its contractual obligations. After being urged, if the debtor still fails to perform within a reasonable time, the creditor obtains the unilateral right to terminate the contract and can notify the debtor to terminate the contract. A reminder is a notice sent by the creditor to the debtor requesting performance. A reasonable time limit refers to giving the debtor the necessary preparation time for performance. The length of the reasonable period shall be determined according to the specific circumstances of the contract. (4) The party delays the performance of its debts or commits other breaches of contract, resulting in the failure to achieve the purpose of the contract. If the party delays the performance of the contract or commits other breaches of contract such that the purpose of the contract cannot be realized, it has constituted a fundamental breach of contract. In this case, there is no need to go through the reminder procedure. The breached party can notify the other party to terminate the contract when the defaulter performs the contract at the end of the performance period. (5) Other situations stipulated by law. The above four items list the situations of statutory rescission and cannot exhaust all the situations of statutory rescission. Therefore, the law establishes unexhausted clauses. "Other situations stipulated by law" refers not only to the relevant provisions of the Civil Code, but also to the provisions of other laws. Legal basis: Article 509 of the Civil Code: The parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and perform notification, assistance, confidentiality and other obligations in accordance with the nature, purpose and transaction habits of the contract. Article 577 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall be liable for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578 If one party expressly expresses or shows by its own behavior that it will not perform its contractual obligations, the other party may require it to bear liability for breach of contract before the expiration of the performance period.