Article 94 The parties to a contract may rescind the contract under any of
the following circumstances:
(1) The purpose of the contract is not able to be realized because of force
majeure;
(2) One party to the contract expresses explicitly or indicates
through its acts, before the expiry of the performance period, that it will not
perform the principal debt obligations;
(3) One party to the contract delays in performing the principal debt
obligations and fails, after being urged, to perform them within a reasonable
time period;
(4) One party to the contract delays in performing the debt obligations or
commits other acts in breach of the contract so that the purpose of the contract
is not able to be realized; or
(5) Other circumstances as stipulated by law.
Article 95 Where the laws stipulate or the parties agree the time limit to
exercise the right to rescind the contract, and no party exercises it when the
time limit expires, the said right shall be extinguished.
Where the law does not stipulate or the parties make no agreement upon the
time limit to exercise the right to rescind the contract, and no party exercises
it within a reasonable time period after being urged, the said right shall be
extinguished.
Article 96 One party to a contract shall make a notice to the other party if
it advances to rescind the contract according to the provisions of Paragraph 2,
Article 93 and Article 94 of the Law. The contract shall be rescinded upon the
arrival of the notice at the other party. The party may, if the other party
disagrees therewith, request the people's court or an arbitration institution to
confirm the effectiveness of rescinding the contract.
Where the laws or administrative regulations stipulate that the rescinding of
a contract shall go through the formalities of approval and registration, the
provisions thereof shall be followed.
Article 97 If a contract has not yet been performed, its performance shall be
terminated after the rescission. If it has been performed, a party to the
contract may, in light of the performance and the character of the contract,
request that the original status be restored or other remedial measures be
taken.
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