How to send a letter to urge the other party to perform the contract

With the gradual improvement of people's legal consciousness, contracts are more and more widely used in all fields of society, and in order to ensure the realization of the purpose of contracts, the performance of contracts is very important. How to write a letter asking the other party to fulfill the contract? How to define the ability to perform a contract? How to review the performance ability of subjects? Next, I would like to introduce to you the knowledge about how to write to ask the other party to perform the contract, hoping to help you solve the corresponding problems.

First, how to write to ask the other party to perform the contract?

The contents of the letter requesting to continue to perform the contract are as follows:

To: Mr XX

Guangdong xx Law Firm is a law firm registered in Guangdong Provincial Department of Justice. The lawyer signed in this lawyer's letter is a registered lawyer in China with legal qualification. Entrusted by XX (hereinafter referred to as the client), I appointed XX lawyer (practice certificate number: xxxxxxx) to handle the disputes between the client and your house sales contract, and now I solemnly write to you according to the relevant laws of People's Republic of China (PRC):

On 2010/kloc-0+10, the client signed the Pre-sale Contract for Second-hand Houses in Shenzhen, which stipulated that you should purchase the house located in Unit X, Building XX, District XX, Shenzhen, with the property ownership certificate of "Shen Zi Di". XX ",the construction area is XX square meters, and the total house price is XX million yuan. After the contract is signed, you pay a deposit of RMB X million only.

The contract you signed stipulates: "The buyer shall pay the down payment of RMB one hundred thousand Yuan only (excluding the down payment) to the bank supervision account agreed by the buyer and the seller before 20101,and the seller shall sign the fund supervision agreement and go through the fund supervision formalities at the agreed bank according to the notice of the buyer or the third party." However, according to the client, you and the third party did not inform the client to sign a fund supervision agreement with the agreed bank and go through the fund supervision procedures. Despite the customer's repeated urging, you still refused to perform the contractual obligations, and formally notified the customer to terminate the contract on 2010/214.

According to Article 577 of the Civil Code of People's Republic of China (PRC) (implemented from 202 1 1), "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Therefore, you should continue to perform your contractual obligations and go through the first-phase fund supervision procedures, otherwise, according to Article 12 of the Real Estate Sales Contract signed by you: "Liability for breach of contract: if either party fails to perform its obligations within the time limit agreed in this contract, the observant party has the right to require the defaulting party to pay four ten thousandths of the transfer transaction price as liquidated damages every day and continue to perform the contract; If either party fails to perform its obligations for more than 65,438+05 days, the observant party has the right to terminate the contract and choose to require the defaulting party to pay a penalty of 20% of the total transfer price or bear the responsibility of down payment. " The client will hold you liable for breach of contract, including but not limited to: liquidated damages, attorney fees, legal fees, transportation fees, etc.

According to the requirements of customers, please fully fulfill your contractual obligations as soon as possible. We sincerely hope that you will give a written reply within three days after receiving this letter and make a clear explanation on related matters. Otherwise, the customer will take legal measures to pursue the corresponding legal responsibility for your breach of contract and recover from you for the economic losses that the customer may suffer as a result.

I am writing to inform you. I hope you will consider it carefully and treat it properly.

Lawyer of Guangdong XX Law Firm: XX

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Second, how to define the ability to perform the contract?

The first performing party has definite evidence to prove that the second performing party has lost or may lose its performance ability after the contract is established. It includes three elements:

(1), the performing party loses or may lose its ability. According to the provisions of China's civil code, the reasons why the post-performing party loses or may lose its performance ability are:

1, property visibility decreased. Including the deterioration of business conditions, the transfer of property, and the withdrawal of funds to avoid debts;

2. Loss of business reputation;

3. In the contract for providing labor services or completing work, the debtor loses the ability to work;

4. In the debt paid to a specific object, the specific object is lost;

5. Other circumstances.

(2) The loss or possible loss of the post-performing party's performance ability occurs after the establishment of the contract. In civil law countries, there are two different legislative cases about when the property of the post-performing party should be significantly reduced. First, the property decreased significantly after the conclusion, such as Germany, Switzerland and other civil law systems; Second, the property has been reduced at the time of conclusion, as stipulated in Article 632 of the Austrian Civil Code. The first kind of legislation is more appropriate. Because if the property of the performing party has been reduced after the conclusion, and the pre-performing party knows or doesn't know because of the fault, it should bear the disadvantage subjectively and there is no need to protect it. If you don't know because of negligence, you can claim relief on the grounds of major misunderstanding or fraud. China's civil code does not stipulate when the performing party loses or may lose its ability to perform. The author believes that it is more appropriate to adopt the first legislative example in the Interpretation.

(3) The obligor shall bear the burden of proof for the facts. When the first debtor claims the right of uneasy defense, he must have clear evidence to prove that the other party has lost or may lose the ability to perform the debt, and cannot rely on his own subjective speculation. Otherwise, you will be liable for breach of contract due to unauthorized termination of contract performance, thus putting yourself in an extremely unfavorable position.

Third, how to review the performance ability of subjects

It mainly examines the economic situation and development prospects of both parties, including operating conditions, financial statements, litigation, registered capital, external guarantees, enterprise scale, all assets, etc.

The review methods mainly include:

(a) on-site understanding, check the main office conditions, customer contact information, etc.

(2) Talk with the other party (including employees) about the other party's development plan, development strategy, performance, income sources, employees' income and welfare, etc.

(three) to the industrial and commercial bureau to retrieve their industrial and commercial files, to the real estate management department to investigate the status of their real estate or real estate, to the vehicle management office to investigate the status of their vehicles.

(four) to obtain its financial statements for financial analysis, to understand its profitability. When necessary, an audit report issued by an independent auditor is required.

(5) Inquire about the word-of-mouth in the industry to understand the performance of its previous contracts.

(VI) Knowing its status through the Internet, the information of listed companies is relatively open, because its guarantee and litigation status must be announced, and most of the announcements must be published online.

To sum up, the letter asking the other party to perform the contract is written as above, mainly to express clearly the performance of the contract and his own meaning. The above is about how to write to ask the other party to fulfill the contract. If in doubt or doubt, you can consult a lawyer.