Civil cases involving novel coronavirus pneumonia in accordance with the law Guiding opinions on some issues (2)

Novel coronavirus pneumonia novel coronavirus pneumonia epidemic prevention contract and financial and industrial production cases are put forward to further implement the work of the CPC Central Committee on the overall plan for the prevention and control of new crown pneumonia and economic and social development, to do a solid job in “six stability” and to implement the “six guarantees” task.
1、 Trial of contract cases
1. If the epidemic situation or the epidemic prevention and control measures result in the party’s failure to perform the sales contract within the agreed time limit or increase in the cost of performance, and the continued performance does not affect the realization of the purpose of the contract, and the party requests to terminate the contract, the people’s court will not support it.
If the epidemic situation or epidemic prevention and control measures lead to the seller’s failure to complete the order or deliver the goods within the agreed time limit, and the buyer’s continued performance fails to achieve the purpose of the contract, and the buyer requests to terminate the contract and return the advance payment or deposit already paid, the people’s court shall support it; if the buyer requests the seller to bear the liability for breach of contract, the people’s court shall not support it.
2. If the sales contract can continue to be performed, but the epidemic situation or epidemic prevention and control measures lead to a significant increase in the performance costs of labor, raw materials, logistics, etc., or a sharp reduction in the price of products, and the continued performance of the contract is obviously unfair to one party, and the adversely affected party requests to adjust the price, the people’s court shall adjust the price according to the principle of fairness in combination with the actual situation of the case . If the epidemic situation or epidemic prevention and control measures result in the seller’s failure to deliver the goods within the agreed time limit, or the buyer’s failure to pay within the agreed time limit, and the parties request to change the time limit for performance, the people’s court shall, in combination with the actual situation of the case, change the time limit for performance according to the principle of fairness.
If a party has changed the contract by adjusting the price or changing the time limit for performance, and requests the other party to bear the liability for breach of contract, the people’s court will not support it.
3. If the seller and the buyer conclude a sales contract for epidemic prevention materials and resell the epidemic prevention materials to others at a high price, resulting in the failure to perform the contract, and the buyer requests that the profits obtained by the Seller be taken as the amount of compensation for losses, the people’s court shall support it. If the seller fails to perform the sales contract due to the government’s legal transfer or temporary requisition of epidemic prevention materials, and the buyer requests the seller to bear the liability for breach of contract, the people’s court will not support it.
4. If the epidemic situation or epidemic prevention and control measures lead to the seller’s failure to deliver the house within the time limit agreed in the commercial housing sales contract, or the buyer’s failure to pay the house purchase price within the time limit agreed, and the party requests to terminate the contract, and the other party bears the responsibility for breach of contract, the people’s court will not support it. However, if a party requests to change the time limit for performance, the people’s court shall, in light of the actual situation of the case, make the change in accordance with the principle of fairness.
5. If the leased house is used for operation, the epidemic situation or epidemic prevention and control measures lead to the difficulty of the lessee’s capital turnover or the obvious reduction of the operating income, and the lessor requests to terminate the lease contract on the ground that the lessee fails to pay the rent within the agreed time limit, and the lessee bears the responsibility for breach of contract, the people’s court will not support it.
The people’s court shall support the request of the lessee to terminate the lease contract and return the advance payment or deposit for the cancellation of the activity caused by the epidemic situation or the prevention and control measures of the epidemic situation under the lease contract of the temporary site reserved for the specific purpose of exhibition, conference, temple fair, etc.
6. The people’s court shall support the lessee who rents the houses of state-owned enterprises and the houses of government departments, universities, research institutes and other administrative institutions for operation, and who, affected by the epidemic situation or the epidemic prevention and control measures, has difficulties in operation, such as small and micro enterprises in the service industry, individual industrial and commercial households, etc., and requests the lessor to exempt the rent for a certain period of time in accordance with the relevant national policies.
If a non-state-owned house is leased for operation, and the epidemic situation or epidemic prevention and control measures result in the lessee having no business income or a significant decrease in business income, it is obviously unfair for the lessee to continue to pay the rent according to the original lease contract. If the lessee requests rent reduction or exemption, extension of lease term or extension of rent payment, the people’s court may guide the parties to mediate with reference to the relevant rent reduction or exemption policies; If mediation fails, the contract shall be changed in accordance with the principle of fairness in light of the actual situation of the case.
7. If the epidemic situation or epidemic prevention and control measures lead to the Contractor’s failure to complete the construction within the agreed time limit, and the employer requests the contractor to bear the responsibility for breach of contract, the people’s court shall not support it; if the contractor requests to extend the time limit, the people’s court shall support it according to the impact of the epidemic situation or epidemic prevention and control measures on the performance of the contract.
If the epidemic situation or epidemic prevention and control measures lead to a sharp rise in the cost of labor, building materials, etc., or cause the contractor to suffer losses such as labor costs, equipment rental fees, etc., and it is obviously unfair to the contractor to continue to perform the contract, and the contractor requests to adjust the price, the people’s court shall make adjustment according to the principle of fairness in combination with the actual situation of the case.
8. The people’s court will not support the off-line training contract signed by the parties, which cannot be carried out under the influence of epidemic situation or epidemic prevention and control measures, and can achieve the purpose of the contract through online training, changing the training period, etc., if the training party requests to terminate the contract; if the parties request to continue to perform the contract through online training, changing the training period, adjusting the training fees, etc The people’s court shall change the contract in accordance with the principle of fairness in light of the actual situation of the case.
The people’s court shall support the request of the party receiving the training to terminate the contract if it is unable to carry out offline training due to the epidemic situation or the epidemic prevention and control measures, or the purpose of the contract cannot be achieved through online training, or the actual situation of the case indicates that online training is not suitable. The people’s court shall support a training contract with time limit requirements, if the purpose of the contract cannot be realized by changing the training period and the trainee requests to terminate the contract. After the termination of the training contract, the training fees already paid in advance shall be returned in whole or in part according to the training hours.
9. If a person with limited capacity for civil conduct, without the consent of his guardian, participates in online paid games or “reward” on the webcast platform to spend money that is not suitable for his age and intelligence, and the guardian requests the Internet service provider to return the money, the people’s court shall support it.
2、 On the trial of financial cases
10. small and micro businesses that are affected by the epidemic or epidemic prevention and control measures and financial disputes that are affected by the development or prospects of the epidemic or epidemic prevention and control measures, especially small and medium enterprises, should be fully considered in the trial. The Chinese people’s Bank of China and other five departments should further strengthen financial support to prevent New Coronavirus infection. A series of financial support policies, such as the “notice on the epidemic of pneumonia” and so on: the people’s court will not support the claims of lawsuits such as early maturity of loans and unilateral termination of contracts raised by financial institutions in violation of the financial support policies; the interest charged by financial institutions and the disguised interest charged in the name of consulting fees, guarantee fees and other fees should be strictly based on the special credit conditions such as national refinancing and rediscount Novel coronavirus pneumonia policy is not supported by the provisions of the interest rate policy. For the personal loan disputes involving housing mortgage and credit card, such as housing, mortgages and quarantine personnel, quarantine control personnel who need to isolate and observe epidemic prevention and control, and participation in epidemic prevention and control personnel and temporary loss of income sources affected by epidemic or epidemic prevention and control measures, the people’s court should combine cases with the case. According to the actual situation, the repayment period should be changed according to the principle of fairness.
11. If an enterprise engaged in the production and operation of epidemic prevention materials sets a floating charge on its movable property such as production equipment, raw materials, semi-finished products and products, and the mortgagee applies for the realization of the security interest in accordance with Article 196 of the Civil Procedure Law of the people’s Republic of China, after the people’s court accepts the application, the respondent or interested party can prove that the realization of the mortgage right will endanger the enterprise’s epidemic prevention materials If it is invested in production and operation, it can be dealt with after the epidemic situation or the influencing factors of epidemic prevention and control measures are eliminated.
12. For the disputes of stock pledge and margin trading caused by the fluctuation of stock market price during the period of epidemic prevention and control, different situations should be distinguished: for the disputes of stock pledge and margin trading caused by the creditor being a securities company, the people’s court can refer to the relevant policies issued by China Securities Regulatory Commission to guide the securities company to negotiate with different customer groups according to the policies to solve the disputes; and In case of failure, the client’s claim that the securities company should bear the compensation liability for the part of loss expansion caused by illegal forced position closing shall be supported in accordance with the law. In the case of OTC stock pledge disputes where creditors are other financial institutions, the people’s court should fully consider the impact of the realization of stock pledge on the normal operation of listed companies, strengthen policy guidance and coordination of interests of all parties, and strive to reduce the impact on the securities market.
13. When the people’s court tries the cases of tort compensation caused by misrepresentation of listed companies, when determining the amount of investors’ losses, it shall distinguish the epidemic situation or the factors affecting the epidemic prevention and control measures from the factors caused by misrepresentation in accordance with the provisions of item 4 of Article 19 of the provisions of the Supreme People’s Court on the trial of civil compensation cases caused by misrepresentation in the securities market The scope of compensation should be determined fairly and reasonably according to law.
14. For the disputes caused by the implementation of the “performance gambling agreement” by the company or its shareholders, actual controllers and investors, such as wholesale and retail, accommodation and catering, logistics and transportation, cultural tourism, which are seriously affected by the epidemic situation or epidemic prevention and control measures, the people’s court shall fully consider the actual situation of the impact of the epidemic situation or epidemic prevention and control measures on the performance of the target company, and guide both parties to cooperate Change or terminate the contract. If the parties fail to reach an agreement through negotiation and continue to perform according to the agreed performance standard or performance compensation amount, which is obviously unfair to one party, the people’s court shall, in light of the actual situation of the case and in accordance with the principle of fairness, modify or terminate the contract; if the contract is terminated, the losses caused by the termination of the contract shall be reasonably distributed according to law.
If the “performance gambling agreement” does not explicitly stipulate that the minority shareholders and the controlling shareholders or the actual controllers of the company shall bear joint and several liability for the employment performance compensation, the people’s court will not support the investor’s claim that the minority shareholders and the company, the controlling shareholders or the actual controllers shall bear joint and several liability together.
15. When hearing the medical insurance contract dispute cases related to the epidemic situation or epidemic prevention and control measures, the people’s court will not support the insurer’s defense that the disease does not belong to the major disease scope or insurance accident stipulated in the commercial medical insurance contract. Novel coronavirus pneumonia is not covered by the agreed medical service institution in the insurance contract, and the insured or beneficiary should claim compensation from the insurer according to the insurance contract. The people’s court should support it. The people’s court shall support the claims made by the insured or the beneficiary for the agreed expenses incurred by the insured for receiving treatment in the medical service institutions not stipulated in the insurance contract due to the epidemic situation or the epidemic prevention and control measures and other objective reasons. The people’s court shall support the claim made by the insured and the beneficiary according to the medical insurance contract donated by the insurance company during the period of epidemic prevention and control.
16. In the trial of civil disputes arising from the financial leasing business of medical equipment between the financial leasing company and the medical service institution, the people’s court does not support the defense that the medical service institution claims that the financial leasing contract is invalid on the ground that the financial leasing company has not obtained the administrative license for the sale of medical devices.