On The Breach Of The Law Applicable Deposit Difficult Problems

The deposit system is one of the most ancient system in contract law,according to thedifferent meaning of the parties, it can be between the parties to ensure the other partyto sign the contract and guarantee to fulfill the contract function.The same time, theparty of the delivery of the deposit can be made not freedom of contract and thetermination of the contract at the expense of the loss of deposit.The penalty for breachof contract, as a kind of civil liability, but also has the function of security, this is itwith different penalty due to breach of the most important, is not a legal guarantee.Breach of the deposit applies provided that the breach of the defaulting party has afault, this is the biggest difference between it and liquidated damages applicableconditions, but also with all other forms of liability for breach of the differencebetween.Pay breach of contract deposit should not be the actual loss occurred as thecondition, otherwise it will confuse it with the damages.Of course, if the parties haveexpressly agreed that their nature is scheduled for damages should be conditional onthe occurrence of actual loss.Default payment is only a compensation, except in thecase of two may have a punitive:First, the parties intention to clear a deposit of apunitive nature; defaulting results and no damage or just cause less damage.In thiscase, a breach of contract deposit problem is how to determine the boundary ofpunitive and compensatory? If the court ultimately found that the deposit has a certainpunitive in nature, the court can be applied to deposit penalties?In this regard, thepoint of this article: the adjustment of liquidated damages provisions of section114ofthe Contract Law, the principle should be applied to the deposit; liquidated damages,actual performance can go hand in hand with the deposit penalties, and breach ofcontractGolden rule of law consistent.In the theory of legislation, this paper think, the deposit amount does not exceed thetotal contract the20%rule, in the judicial practice often make the breach deposit hascertain punitive, so this rule is worth reflection; therefore, this view is:"the provisionsof the relevant penalty adjustment of114th of the contract law", the principle ofshould apply to the deposit; and the penalty is the same, and deposit penalties can runparallel to the actual performance, consistent with the default rules of gold.In addition,if the breach of deposit and default needle of breach of contract, if the partiesexpressly agreed, breach of deposit for breach of contract is to refuse to perform orcan not perform, and liquidated damages for late performance or partial performance of the liquidated damages, both can be combined punishment. In the theory oflegislation, this paper think, the deposit amount does not exceed the total contract the20%rule, in the judicial practice often make the breach deposit has certain punitive,so this rule is worth reflection; therefore, this view is:"the provisions of the relevantpenalty adjustment of114th of the contract law", the principle of should apply to thedeposit; and the penalty is the same, and deposit penalties can run parallel to theactual performance, consistent with the default rules of gold.Therefore, the "contractlaw" article116th legislation can make certain restrictions, in order to protect thelegitimate rights of the parties, to achieve a higher level of equality between theparties.This paper is divided into three chapters:The first chapter: judging breach deposit. Chapter start from the deposit meaning andtypes of deposit for breach defined and elaborated breach deposit performance bonddeposit relationship.The second chapter: the applicable conditions of the breach deposit. This chapter isbased on a clear breach of deposit deposit penalties applicable to the special problems,discusses the applicable conditions of breach deposit.The third chapter: defaulting adjustment of deposit and other liability for breach ofcontract and use.