According to Article 66 of People's Republic of China (PRC) Contract Law, if the parties owe each other debts and cannot perform them in sequence, they shall perform them at the same time. One party has the right to reject the performance requirements of the other party before performance.
The basis of performing the right of defense at the same time lies in the implied function of the bilateral contract, so it is applicable to the bilateral contract, not to the unilateral contract and the untrue bilateral contract. If you can claim to perform the defense at the same time, it is based on the same bilateral contract.
The debts of both parties are not based on the same bilateral contract, and even if they are closely related in fact, they may not claim to perform the right of defense at the same time. Therefore, the establishment of the right of simultaneous defense must have the elements of mutual debt based on the same bilateral contract.
Extended data
Statutory conditions for simultaneous performance of the right of defense:
1. In the same bilateral contract, they are obliged to treat and pay each other.
2. The mutual debt has reached the liquidation period. Because the defense right of simultaneous performance is the defense right of simultaneous performance, and it is a kind of remedy right for breach of contract when the other party refuses to pay at the same time, so the other party's payment obligation has not reached the performance period, and there is no defense right of simultaneous performance. The other party fails to perform the obligation of handling.
Only when the other party fails to perform its obligations at the same time can it enjoy the right of defense to perform at the same time and refuse to perform it by itself. This rejection is mutual. You can refuse to perform to the other party, and the other party can also refuse to perform to yourself. The final balance is achieved by performing at the same time, otherwise it will end in no performance.
Baidu encyclopedia-right of defense
Baidu Encyclopedia-Performing the Right of Defense at the same time