How to compensate employees for contract breach of contract damages? How to pay GPT4.0? How to pay c
合同违约金如何支付,怎么支付合同违约金?...
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The penalty for breach of contract is the amount agreed upon by the parties in advance in the contractonesquareabsenceFulfilling the contract orabsenceWhen fully performing the contract, the defaulting partyonePaid by Party A to Party BoneHow to pay the contract penalty in a fixed amount of currency? Netizen consultation: How to pay contract penalty and how to pay contract penalty?.
Open Phoenix News and view more high-definition images. Lawyer Hu Xingxing from Yuanwen (Shanghai) Law Firm answers: If there is an agreement on the payment of contract liquidated damages, it shall be paid according to the agreement. The liquidated damages directly stipulated by law shall be paid according to the provisions of the law,1If either party breaches the contract, it shall report to the other party1The money paid by Fang.
The standard of liquidated damages is money, but the parties can also agree that the subject matter of liquidated damages is property other than money. The payment of liquidated damages should reflect rationality. The calculation method and payment period of liquidated damages should clearly agree on Article 500 of the Civil codeArticle 85: The parties may agree1When the party breaches the contract, it shall pay the other party based on the breach of contract1A fixed amount of liquidated damages can also be agreed upon, and the calculation method for the compensation for losses incurred due to the breach of contract can be agreed upon.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce the liquidated damages for delayed performance of the agreement. After paying the liquidated damages, the defaulting party shall also fulfill the debt.
Analysis by Lawyer Hu Xingxing from Yuanwen (Shanghai) Law Firm: The sales contract stipulates a penalty for overdue payment, but the statement of account, repayment agreement, etc. do not involve liability for overdue payment. If the seller claims to pay the overdue payment penalty according to the statement of account, repayment agreement, etc., and requests the buyer to pay the overdue payment penalty according to the agreement, the people's court should support it. However, the statement of account, repayment agreement, etc. clearly specify the principal and overdue payment
Payment termChanges made: Changes made to the payment terms in the sales contract,absenceThe agreement of the parties regarding the penalty for late payment shall be affected, but the starting point of the penalty shall be changed accordingly. If the seller does not claim the penalty for late payment when accepting the price, as stipulated in the sales contract, the buyer refuses to pay the penalty for late payment on the grounds that the seller did not claim the penalty for late payment when accepting the price, the people's court shallabsenceProvide support.
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