[Direct answer]In the Beijing area, after issuing a notice of termination, if the other party raises objections, the effectiveness of the termination will not be automatically confirmed. According to Article 565 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the other party has objections to the termination of the contract, either party may request the people's court or the arbitration institution to confirm the effectiveness of the termination act. In other words, objections do not automatically invalidate the notice, but will make the effectiveness of the termination subject to dispute and require adjudication by judicial or arbitration institutions. The party exercising the right of termination should prepare evidence of the fulfillment of the termination conditions or the statutory grounds for termination; if the other party delays making a decision for a long time, the party may proactively sue to confirm the effectiveness of the termination and claim subsequent responsibilities. It is recommended to keep the delivery receipts to avoid the termination intention being denied. For more details, please refer to the following link:Business and contract dispute services for enterprises.

I. Problem Background and Typical Scenarios

After issuing a notice of termination, the other party "denies responsibility" is a typical impasse in contract practice. Common situations include: the buyer issues a letter of termination on the grounds of the seller's delay in delivery, but the seller replies that the delay is minor and does not constitute a fundamental breach of contract, so the contract remains in effect; the lessor terminates the contract on the grounds that the lessee owes rent, but the lessee claims that the breach has been rectified and the termination is invalid; and both parties disagree on who breached the contract first, leaving the question of whether the contract has been terminated unresolved. Many parties mistakenly believe that "sending a notice means terminating the contract", only to find themselves in a passive position when continuing to perform, deliver goods, or make payments. In cases involving arrears and enforcement, the parties may need to seek legal advice to resolve the dispute.Creditor-debtor relations and enforcement case servicesHandle it.

II. Key points of contention

There are three main points of controversy. Firstly, whether the right of rescission is established: whether the agreed upon rescission conditions have been met, or whether there are statutory grounds for rescission (such as fundamental breach of contract or force majeure causing the purpose of the contract to be frustrated), which determines whether the notice of rescission has a valid basis. Secondly, whether the notice takes effect: the rescission intention must be effectively delivered to the other party, and the delivery certificate is crucial; if the content is vague or the rescission basis is not specified, it is easily subject to challenge. Thirdly, the handling path of objections: the other party's objections do not automatically invalidate the notice, but will make its effectiveness pending, and it must be confirmed by the court or arbitration institution; the party with the right of rescission can also actively request confirmation of its validity. Relevant rules can be connected to this.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Lawyers

Based on practical experience in handling contract disputes, the most common misunderstanding that parties easily fall into after issuing a notice of termination is "if the other party doesn't respond, it means the contract is terminated". In fact, the termination notice takes effect upon receipt, which presupposes the establishment of the right to terminate. If the other party disputes the termination, the termination effect will be in a state of controversy and must be adjudicated by the court or arbitration institution. Hengluo Lawyers usually suggest starting from three aspects: First, consolidate the basis of the right to terminate and distinguish between contractual termination and statutory termination (such as fundamental breach of contract and impossibility of performance due to force majeure); Second, fix the proof of notice delivery to prove that the intention to terminate has effectively reached the other party; Third, actively resolve disputes. If the other party delays for a long time, timely apply for confirmation of the effectiveness of the termination to avoid continuing to bear uncertain risks while the "whether the contract is terminated" remains in limbo. Beijing area courts review such confirmation lawsuits more strictly, and the organization of evidence is particularly crucial.

IV. Practical suggestions and legal basis

The legal basis is Article 565 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Exercise of the Right of Rescission: Effect of Notification Reaching the Other Party; The Other Party May Request the Court or Arbitration Institution to Confirm the Effectiveness of the Notification), Article 563 (Statutory Grounds for Rescission), and Article 566 (Consequences of Rescission); and the supporting provisions of the "Measures for the Payment of Litigation Fees" (effective April 1, 2007) regarding the acceptance fees for cases. Practical suggestions: When sending the notice of rescission, specify the basis and reasons for rescission, clarify the intention to rescind the contract, and retain the delivery receipt (mailing form, email receipt, chat records). If the other party raises objections, respond in writing to clarify the matter first. If no agreement can be reached, promptly sue to confirm the validity of the rescission and claim subsequent responsibilities. Note that the right of rescission may be subject to a statute of limitations, so do not delay for too long.

5. Hengluo Law Firm's Reminder

The notice of termination is not "effective upon issuance". Its legal effect is based on the right of termination. Please remember three points: First, the notice must be specific - stating the basis of the agreement or the statutory grounds, to avoid ambiguity and loopholes; Second, the delivery must be documented - without a proof of delivery, the other party may deny your intention to terminate the contract by simply saying "I didn't receive it"; Third, actively clear up any objections - if the other party refuses to acknowledge it, don't wait passively. Timely request confirmation of the validity to settle the pending contract status. At the same time, be vigilant about the time limit for exercising the right of termination. If the deadline is exceeded, the right may be lost. For fundamental breaches of contract or complex transactions, it is recommended to have a lawyer evaluate whether the right of termination exists before sending the letter. For further information, please refer to the following link:Special services and other case services.

VI. Frequently Asked Questions

Q1: I sent the notice of termination, but the other party refuses to acknowledge it. Has the contract really been terminated?

Not necessarily. The notice of termination takes effect once it reaches the other party, which is based on the premise that the "right to terminate" exists. If the other party disputes the termination and claims that you do not have the right to terminate or that the grounds for termination are not valid, then the validity of the contract termination will be in dispute and cannot be determined solely based on your unilateral notice. At this time, either party may request the people's court or arbitration institution to confirm the validity of the termination action, and the judicial or arbitral decision will prevail. In short, the notice is a "claim", not a "judgment". To ensure the validity of your termination notice, the premise is that the right to terminate is indeed based on grounds and the notice is effectively delivered. Otherwise, the other party's objections may overturn your unilateral termination.

Q2: To confirm that the dissolution is effective, what evidence do I need to prepare?

The core evidence includes: the original contract and the agreed termination clause, materials proving the establishment of the grounds for termination (such as letters from the other party regarding fundamental breach of contract, delay records, unqualified acceptance reports, and proof of force majeure), the original termination notice issued by you and its delivery receipts (mailing receipts, read receipts of emails, and screenshots of chat records), the other party's response to the objection (proving that they raised objections and the effectiveness of the objection is pending), as well as evidence of performance and losses. The organization of evidence should focus on three points: "there is a basis for the right of termination - the notice has been effectively delivered - the other party's objection leads to a dispute over the effectiveness of the termination". The more complete the materials are, the more confident you will be in winning the lawsuit for confirmation of rights.

Q3: How much do lawyers' fees and litigation costs amount to when suing to confirm the effectiveness of a divorce?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), based on the amount of the litigation subject (usually referring to the contract subject or the amount of the dispute) and accumulated in stages. The losing party shall bear the fees. Lawyer's fees are related to the complexity of the case, the amount of the litigation subject, and the lawyer's qualifications. They are usually charged on a per-case basis or according to a percentage of the litigation subject amount, subject to the specific provisions of the entrustment contract, and there is no unified government pricing. It is recommended to evaluate the probability of the right of rescission being established and the amount of the dispute before suing, weigh the litigation fees, lawyer's fees, and the subsequent losses that can be avoided by confirming the rescission, and conduct a legal assessment for those with insufficient grasp to avoid suing blindly and incurring additional costs.

Q4: How long does it usually take for a lawsuit to confirm the termination of legal effect to reach a conclusion?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months. Cases with clear facts and focused disputes regarding the right of rescission are mostly subject to the summary procedure, with a shorter timeframe. If the parties appeal, the second-instance procedure generally takes three months. After the judgment takes effect, if it is necessary to claim restitution or compensation based on it, the recovery time will depend on the other party's financial status and preservation measures. Overall, a simple confirmation lawsuit typically takes several months to half a year from filing to adjudication. It is recommended to prepare for subsequent restitution or compensation claims simultaneously during the litigation process, and to apply for property preservation measures as needed to prevent the other party from transferring assets.

Q5: If the other party raises objections to the termination notice I sent to them, what should I do specifically?

It is recommended to follow four steps to deal with this: Firstly, review the right of rescission to confirm whether it is a contractual rescission or a statutory rescission, and whether the evidence of the reasons is solid, to avoid rescinding without basis and being held accountable; Secondly, fix the delivery and organize the original notices and delivery certificates to prove that the intention of rescission has been effectively delivered; Thirdly, respond in writing, refute the other party's objections point by point and keep records, and attempt to reach an agreement through negotiation; Fourthly, initiate a lawsuit proactively. If the other party delays for a long time and refuses to acknowledge it, which affects your subsequent performance or transactions, promptly request the People's Court to confirm the validity of the rescission and simultaneously claim for restoration of the status quo, compensation, and other subsequent responsibilities. Throughout the process, pay attention to the possible limitation of the exercise period of the right of rescission and avoid delaying it until the right of rescission is lost.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is 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. If a dispute arises, please consult a practicing lawyer in a timely manner.