[Direct answer]It is possible if the conditions are met. If the performance of the contract reaches an impasse and fails to achieve the contractual purpose, the parties may request to rescind or terminate the contract. According to the provisions of the Civil Code, if a party fails to perform a non-monetary obligation or performs it in a manner inconsistent with the agreement, the other party may request its performance, except in the following circumstances: the subject matter of the obligation is not suitable for forced performance, the cost of performance is too high, or the creditor fails to request performance within a reasonable period; if any of the above circumstances occurs, resulting in the failure to achieve the contractual purpose, the parties may request to terminate the rights and obligations under the contract, but this does not affect the assumption of liability for breach of contract. In addition, if the breach of contract by one party results in the failure to achieve the contractual purpose, the party in compliance with the contract may also rescind the contract in accordance with the law. Whether this can be supported depends on whether it constitutes an impasse and the failure to achieve the contractual purpose.

I. Problem Background and Typical Scenarios

After the contract is signed, the two parties are in a stalemate due to performance obstacles: one party is unwilling to continue to perform, and the other party is unable to force the other party to perform. The contract is long-term suspended and its purpose is thwarted, which is detrimental to both parties. In practice, this often occurs in long-term supply, investment cooperation, and service contracts. Parties often ask: If the other party fails to perform, can I unilaterally request to terminate the contract and put an end to it? The answer needs to be determined based on whether it constitutes an inability to perform, whether the purpose can be achieved, and whether there are any breach of contract situations.

II. Key points of contention

First, whether it constitutes a contractual impasse, that is, whether the purpose of the contract can be achieved. Second, whether the subject matter of the debt is suitable for forced performance, and whether there are circumstances such as excessive costs of performance. Third, whether the creditor has requested performance within a reasonable period of time. Fourth, the relationship between the request to terminate the contract and the assumption of breach of contract liability. Fifth, the differences in rights and the burden of proof between the breaching party and the performing party in the process of contract termination.

III. Professional analysis by Henglue Law Firm

When handling disputes over contractual deadlocks, lawyers usually focus on three aspects: identifying the deadlock, determining the conditions for termination, and establishing liability. First, identifying the deadlock: reviewing whether the contract has reached a state where it cannot be performed or its purpose cannot be achieved due to objective or subjective obstacles, such as the loss of the subject matter, the loss of the basis for cooperation, the breakdown of the trust relationship that cannot be repaired, etc. Second, determining the conditions for termination or rescission: for non-monetary obligations, if the subject matter is unsuitable for forced performance, the cost of performance is too high, or the creditor has not requested performance for a long time, resulting in the failure to achieve the purpose of the contract, the parties may request to terminate the rights and obligations of the contract; if the purpose cannot be achieved due to the breach of contract by one party, the party in compliance may exercise the right of rescission. Third, liability for breach of contract: requesting to terminate the contract does not affect the liability for breach of contract. The party in compliance may also claim compensation for losses at the same time. Fourth, evidence and proof: fixing the evidence of the other party's non-performance, inability to perform, and failure to achieve the purpose, including correspondence, records of reminders, and performance materials. In a contract dispute handled by Henglue Law Firm, the parties signed an agreement for a specific purpose and paid the money, but later, due to objective reasons, the purpose could not be achieved. The lawyer proved that the agreement was invalid because it violated public order and good customs with a complete chain of evidence, and successfully claimed that the direct recipient of the payment refunded all 100,000 yuan. This shows that accurately judging the validity of the contract and the remedial path have a decisive impact on the outcome of the case. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to analyze whether the contractual objectives can be achieved and the other party's performance obstacles, and determine whether it constitutes a stalemate. The second step is to send a written reminder or a notice of termination in a timely manner, and retain the delivery certificate. The third step is to fix the evidence of the other party's non-performance, inability to perform, and failure to achieve the contractual objectives, and apply for preservation if necessary. The fourth step is to initiate litigation if no agreement can be reached, requesting the dissolution or termination of the contract and claiming breach of contract liability. For matters involving the review of contract terms, legal assistance can be sought through legal channels.Business and contract disputes in enterprisesI understand the service. For matters involving compensation execution, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor services involving specialized fields, you can refer to the following for more information.Special servicesThe main basis can be referred to the provisions of the Civil Code on contract performance, termination, and breach of contract liability. The specific application shall be subject to the currently effective laws and regulations and judicial rulings. In complex situations, it can be resolved throughLegal adviceJudgment.

5. Henglu Law Firm's Reminder

The three key points of a contractual deadlock are: the focus is on whether the contractual purpose can be achieved and whether it constitutes a breach of contract; if the conditions are met, the party may request to rescind or terminate the contract, but this does not affect the pursuit of breach of contract liability; written reminders and timely preservation of evidence are crucial. For contract disputes, parties may seek resolution through legal means.Business and contract disputes in enterprisesYou will receive a comprehensive service plan, which can be used as a reference for execution.Creditor's rights and debts, and enforcementFor reference, you can refer to the evaluation of litigation strategies.Special services.

VI. Frequently Asked Questions

Q1: Can the party in a contractual stalemate request to terminate the contract?

It's possible if the conditions are met. If the contract is stalemated and the contractual purpose cannot be achieved, the parties may request to terminate the contractual rights and obligations; if the purpose cannot be achieved due to a breach of contract, the party in compliance with the contract may rescind it according to law.

Q2: What constitutes a contractual impasse?

It generally refers to the situation where the contract cannot be continued due to the inability to perform, excessive costs, or the loss of the foundation of trust, resulting in the failure to achieve the intended purpose and a long-term stalemate between the parties. This needs to be determined based on the facts and evidence of each case.

Q3: Do I still need to bear breach of contract liability if I request to terminate the contract?

It is necessary. Requesting to terminate the contractual rights and obligations does not affect the assumption of breach of contract liability. The party in compliance may claim compensation for losses at the same time as the contract is rescinded or terminated.

Q4: What evidence is needed?

These include the contract text, correspondence, notices of default and delivery receipts, evidence of the other party's failure to perform or inability to perform, and supporting materials proving that the purpose of the contract has been thwarted.

Q5: How should we handle this?

First, determine whether the purpose of the contract can be achieved, then send a written reminder or a notice of termination and keep the evidence. If no agreement can be reached through negotiation, promptly initiate litigation or arbitration to claim termination and compensation, and pay attention to the statute of limitations.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Corporate commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.