The liability for breach of contract in an installment sales contract is as follows:

1. When the amount of the buyer’s unpaid due price reaches one-fifth of the total amount, the seller has the right to Ask the buyer to pay the full price or terminate the contract;

2. When the seller terminates the contract due to the buyer's reasons, since the subject matter has been delivered to the buyer for possession, both parties terminate the contract based on When each bears the obligation to return, the seller also has the right to require the buyer to return the benefits gained during the period of possession of the subject matter, which means that the seller can request the buyer to pay the corresponding price or withhold the corresponding price, but the amount shall not be An amount in excess of an amount equivalent to the usual royalties for the subject matter. If the subject matter is damaged, the seller can require the buyer to pay corresponding damages.

The time for transfer of the subject matter of an installment sales contract shall be determined as follows:

1. If the law has clear provisions on the transfer of ownership, the subject matter shall be determined in accordance with the provisions of the law. The transfer time of ownership, for example, the law stipulates that real estate ownership is transferred from the date of registration, so the subject matter in the commercial housing installment sales contract, that is, the ownership of the real estate should be transferred from the time of registration of real estate ownership. The ownership of some movable properties such as motor vehicles, ships and other means of transportation is also transferred from the date of registration and transfer;

2. If the law does not provide for the transfer of ownership of the subject matter, the time of transfer of ownership can be determined by both parties. If the parties agree that the subject matter will not be transferred at the time of delivery, the agreement shall be followed, such as a sales contract with retention of ownership;

3. The law does not clearly provide for the retention of ownership of the subject matter. If there is no special agreement, the ownership of the subject matter is transferred to the buyer when the seller delivers it to the buyer;

4. Disputes over installment sales contracts arising from the buyer's breach of contract. Trial Standards

To sum up, in fact, in daily social life, it is inevitable to encounter related installment contracts. At this time, it is necessary to understand that when the buyer and seller sign a contract at the time of closing, the buyer has The purchased goods and services are paid for in installments to the seller within a certain period of time. The date and amount of each delivery of goods are stated in the contract in advance. This is also to better protect your civil rights.

Legal basis:

Article 633 of the "People's Republic of China and Civil Code"

If the seller delivers the subject matter in batches, If the seller fails to deliver one of the batches of subject matter or the delivery does not comply with the agreement, causing the batch of subject matter to be unable to achieve the purpose of the contract, the buyer may terminate the contract for that batch of subject matter.

If the seller fails to deliver one batch of subject matter or the delivery does not comply with the agreement, resulting in the subsequent delivery of other batches of subject matter being unable to achieve the purpose of the contract, the buyer may pay for that batch and other subsequent batches of subject matter. Things are lifted.

If the buyer cancels one batch of subject matter, and that batch of subject matter is interdependent with other batches of subject matter, it can terminate the contract for each batch of subject matter that has been delivered or not yet delivered.

Article 634

If the buyer who pays in installments fails to pay the due price if the amount reaches one-fifth of the total price, the buyer shall, after being reminded, within a reasonable period of time If the due price has not been paid, the seller may request the buyer to pay the full price or terminate the contract.

If the seller terminates the contract, it may request the buyer to pay the usage fee of the subject matter.