What are the requirements for establishing the right to defend sequential performance
Consisting a defense to sequential performance The right must meet the following requirements:
1. Both parties must bear each other's debts.
2. Two debts must be performed in an order. It does not matter whether the order is agreed upon by the parties or directly stipulated by law.
3. The party that performs first fails to perform its debts or its performance does not comply with the agreement. The failure of the first-performing party to perform its debts includes both the failure of the first-performing party to perform at or before the expiration of the performance period, and the phenomenon that the first-performing party has not performed at the expiration of the performance period. The performance of debts does not comply with the agreement, which here refers to delayed performance, defective performance, etc.
Legal effect
When the defense right of sequential performance is established and exercised, the party performing later can temporarily suspend the performance of its debts and resist the performance request of the party performing first, so as to protect its own period interests and sequential interests; prior performance If one party takes remedial measures and changes the breach of contract into proper performance, the right to defend sequential performance disappears, and the party that performs later must perform its debts.
It can be seen that the right to defend in order is a temporary defense. The exercise of the defense right of sequential performance does not affect the liability of the later performing party for breach of contract
The defense right of sequential performance is conducive to protecting the rights of the second debtor, when the first debtor When the debtor fails to perform its obligations in accordance with regulations, it may reject his corresponding request for performance. That is to say, only after the first debtor has performed its obligations as agreed, can the second debtor be required to perform.
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