Joke Collection Website - Public benefit messages - Is it effective to terminate the contract by SMS?

Is it effective to terminate the contract by SMS?

It is effective to terminate the contract by SMS. According to relevant laws and regulations, if one party claims to terminate the contract according to law, it shall notify the other party, and the contract will be terminated when the notice reaches the other party. The form of notification is not limited by law. Therefore, the parties can choose oral or written forms.

legal ground

Article 562 of the Civil Code of People's Republic of China (PRC)

The parties may terminate the contract if they reach an agreement through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

Article 565

If one party claims to terminate the contract according to law, it shall notify the other party. When the notice reaches the other party, the contract is terminated; If the notice states that the debtor fails to perform the debt within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within the time limit, the contract will be terminated at the expiration of the time limit specified in the notice. If the other party disagrees with the termination of the contract, it may request a people's court or an arbitration institution to confirm the effectiveness of the termination of the contract.

If one party brings a lawsuit or applies for arbitration to claim to terminate the contract without notifying the other party, and the people's court or arbitration institution confirms this claim, the contract shall be terminated when a copy of the complaint or arbitration application is served on the other party.