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On Application Of The Liability For Liquidated Damages

Posted on:2006-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2166360152981143Subject:Law
Abstract/Summary:PDF Full Text Request
According to freedom of contract doctrine, parties can make agreement on the liability for liquidated damages. As an important form of liabilities for breach of contract stipulated by parties themselves, liquidated damages have great functions in safeguarding seriousness of contract and promoting merchandize transactions. However the current related laws and regulations and judicial interpretations of our country have stipulated on so many problems of liability for liquidated damages at large. Due to lack of definite and detailed provisions, judges and arbitrators always don't know what to follow with when dealing with the problem of liabilities for breach of contract, such as what standards they shall control in the increase or reduce of sum of liability for liquidated damages, how to control the scope of increase or reduce, which makes it difficult to operate and therefore leads to the confusion in application of liabilities for breach of contract in judicial practice, so which is not only unfavorable to protect lawful interests of parties but also violates the basic principle and legislative spirit of contract law. This dissertation starts with the basic legal nature of liquidated damages, analyzes the characteristics and types of liability for liquidated damages, as one of forms of liabilities for breach of contract, analyzes the compensation and punishment characteristics of liquidated damages, and discusses if liquidated damages have the secured nature. The whole dissertation emphasizes to expound the application of liability for liquidated damages, holds that establishment of liability for liquidated damages shall be equipped with two requirements of breach and agreement on liquidated damages, besides these, and in special circumstances the subjective faults of party breaching the contract shall be considered as...
Keywords/Search Tags:liability for breach of contract, liquidated damages, compensation for damage
PDF Full Text Request
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