Legal analysis: The contract liquidated damages are in accordance with the agreement of the parties or the law directly. If one party breaks the contract, the money shall pay to the other party. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs. The contract liquidated damages are divided into punitive liquidated damages and compensation liquidated damages. Punishment liquidated damages are that all relevant responsibilities are not affected by the time of default. In addition to paying liquidated damages, all other related responsibilities are affected; compensation liquidated damages are the total amount of damages pre -estimated by the parties, also called the reservation of damages. Legal basis: Article 585 of the "People's Republic of China" Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract. Calculation method. The agreed liquidated damages are lower than the losses caused, and the people's court or arbitration agency may increase according to the request of the parties; if the agreed liquidated damages are too high than the loss caused, the people's court or arbitration agency may follow the parties 'requests' requests of the parties Appropriate reduction. If parties to delay the delay in fulfilling the agreed liquidated damages, the default party shall also perform the debt after paying the liquidated damages.
Legal analysis: The contract liquidated damages are in accordance with the agreement of the parties or the law directly. If one party breaks the contract, the money shall pay to the other party. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs. The contract liquidated damages are divided into punitive liquidated damages and compensation liquidated damages. Punishment liquidated damages are that all relevant responsibilities are not affected by the time of default. In addition to paying liquidated damages, all other related responsibilities are affected; compensation liquidated damages are the total amount of damages pre -estimated by the parties, also called the reservation of damages.
Legal basis: Article 585 of the "People's Republic of China" Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract. Calculation method.
The agreed liquidated damages are lower than the losses caused, and the people's court or arbitration agency may increase according to the request of the parties; if the agreed liquidated damages are too high than the loss caused, the people's court or arbitration agency may follow the parties 'requests' requests of the parties Appropriate reduction.
If parties to delay the delay in fulfilling the agreed liquidated damages, the default party shall also perform the debt after paying the liquidated damages.