Is it a good idea to sign the contract on September 25th of the lunar calendar in 2018? Does the party who is supposed to perform the debt first in the contract have to bear the liability for breach of contract if he does not perform first? The ninth month of the lunar calendar this year is the month of Renxu, which is the year of the dog and the element of Dahai Water. If you want to see more content about the ninth month of the lunar calendar in 2018, come to Mr. Shui Mo!Lunar calendar for September 25, 2018:September 25, 2018 (Lunar calendar)Friday, November 2, 2018 Scorpio (Gregorian calendar) [Today's Old Almanac is suitable] [Do not use it for important events on Yang Gong's taboo day] Getting married, taking up a post, offering sacrifices, fasting and offering sacrifices, opening a market, registering for a wedding, seeking wealth, coming of age, attending school, seeking a partner [today's taboos in the old almanac] [do not use for important events on Yang Gong's taboo day] Separate, move into a new house, install doors and beds, move, raise beams, bury, break ground, perform funerals, build, start construction, buy property, build embankments, release water, remove fire, travel, accept marriage proposals, pray for children, ship goods, erect columns, start drilling, remove boats From the above, we can see that today is not a good day for anything and is not suitable for signing contracts. If the party who is supposed to perform the debt first in the contract fails to do so, must he bear the liability for breach of contract?uncertain.Article 67 of the Contract Law stipulates that when the parties owe each other debts, there is a sequence of performance. If the party who is to perform first fails to perform, the party who is to perform later has the right to refuse its performance request. If the party who performs first fails to perform its obligations in accordance with the agreement, the party who performs later has the right to refuse its corresponding performance request. Article 68 provides that the party who should perform the obligation first may suspend performance if there is definite evidence that the other party is in one of the following circumstances: (1) The business conditions have seriously deteriorated; (2) Transferring property and withdrawing funds to evade debts; (3) Loss of business reputation; (4) There are other circumstances where the ability to perform debts is lost or may be lost. If a party suspends performance without clear evidence, it shall bear the liability for breach of contract. Article 69 stipulates that if a party suspends performance in accordance with Article 68 of this Law, it shall promptly notify the other party. Performance should be resumed when the other party provides appropriate guarantees. After the suspension of performance, if the other party fails to resume its performance ability within a reasonable period of time and fails to provide appropriate guarantees, the party that suspends performance may terminate the contract. |
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