Study On The Urban Heat-Supply Contract

Yanji City, Jilin Province, is located in the high-latitude mountains Basin. Due to the climate, the annual heat supplying period of up to six months. The heat-supply of Yanji City is closely related to the people’s lives. Therefore, the heat-supply contracts which involving the rights and obligations between the parties are arising out of people’s attention.The urban heat-supply contract contains the supplier how to supply the heat and the user how to pay the cost, it can restrict to the rights and duties of the two sides. From the legal nature of the contract, in terms of urban heat-supply contract is a contract for the sale of the heating enterprises transferred to the heat with hot party to obtain thermodynamic ownership with hot party and pay in accordance with the provisions of a thermodynamic. Due to the special of the objection, the contract have its character. First, urban heat-supply contract is the continuing contract of the sale. The heat production ready for use at any time because of it can not be stored in the physical characteristics. So that the urban heat-supply performance of the contract with heat production, supply and marketing, with several links simultaneously with a continuous supply characteristics. Second, the urban heat-supply contracts have a strong plan, but it is no longer a mandatory plan to sign a contract basis, but from the characteristics of heat production, supply, sales, use simultaneously. This feature will determine the production of heat, to provide heat, use heat must be balanced in order to protect the security of the heat, stability and economic operation. In addition, the heating enterprises must comply with the relevant provisions of national qualification. Forced contracting rules should apply to the parties entered into the contract. It mainly manifested in two aspects:on the one hand is the issue of the application for heating enterprises with hot direction, heating enterprises, if not justified, shall not refuse to use the hot side of the application. The other hand, heating enterprises to enter into a contract with hot parties must be given reasonable conditions. In the form of the contract it frequently used form contract, which not only greatly reduce the transaction costs but also improve contracting efficiency. The two parties of the urban heat-supply contract should comply with the basic principles of performance of the contract to fulfill the contract. Due to various objective causes of the contract can not be performed or not completely fulfill the consultations by the parties or required by law, the contract may be modified or terminate the contract. Heating caused due to the fault of the parties the contract can not be performed or not completely fulfill, or the agreement is in accordance with the provisions of the bear the corresponding liability for breach of contract. Differences and disputes arising in the performance of the contract, the parties may be resolved by the contract.