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Delay In Performance Penalty Due To Breach Of Contract Justice Problem Research

Posted on:2014-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiangFull Text:PDF
GTID:2256330425465768Subject:Civil law
Abstract/Summary:PDF Full Text Request
At present, the trial for delayed performance penalty due to breach of contract disputes exist in the judicial practice chaos phenomenon, some courts as punitive penalty due to breach of contract, fully support to the agreed by the parties, some see it as a compensatory liquidated damages, according to the application, the parties to adjust that excessive delay in performance penalty due to breach of contract, however, due to the high standard is not unified, inconsistencies of the scale of the adjustment. similar disputes appear different when different court as a result, causing delay in performance penalty due to breach of contract for differences in the judicial practice, influenced the unity of the legal system and the credibility of the law.Based on the analysis of delay in performance penalty due to breach of contract in the judicial practice to apply more chaos phenomenon,"keys" to find a solution to this problem, uphold the unity and seriousness of law, this paper combined with the general theories of breach of contract and delay in performance penalty due to breach of contract in the representation of reality, begin from the delay in performance, establish the concept of delay in performance penalty due to breach of contract, analyzes its legal characteristics, sums up its classification, explored its function and the difference with other compensation mode, trying to explore connotation and denotation of delay in performance penalty due to breach of contract.Secondly, for the delay in performance penalty due to breach of contract of controversy in the academic and practice from the perspective of theory and practice are analyzed, and based on this, again into respectively from principles, social function, judicial order, historical origin and the different angles, such as the parties, on the application of the delay in performance penalty due to breach of contract for consideration and exploration, and the delay in performance penalty due to breach of contract is the nature of punitive and compensatory are studied, delay in performance penalty due to breach of contract is punitive liquidated damages, liquidated damages shall be agreed by the parties’s delay in performance and public power should support to its, should not be adjusted freely.Finally, with a view to solve delay in performance penalty due to breach of contract judicial application of chaos phenomenon, respectively from the aspects of legislative and judicial Suggestions were put forward. Key recommendation is to admit punitive liquidated damages due legal status, clear of punitive liquidated damages the parties to a contract rights, but also to set the maximum punishment punitive penalty due to breach of contract, agreement, to prevent a punitive, realize the function of punitive liquidated damages and limit its side effects. At the same time, it is suggested that more clear punitive liquidated damages judgment standard, in order to accurately distinguish punitive liquidated damages and compensatory penalty due to breach of contract, to prevent the punitive penalty due to breach of contract as a compensatory liquidated damages.
Keywords/Search Tags:Delay in performance penalty due to breach of contract, legalnature, judicial application, limitation of punishment
PDF Full Text Request
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