Legal Issues Of The Contract Liquidated Damages

Since the beginning of contract liquidated damages generated a lot of controversy on the existence of which there are two main focus of controversy: one is the judgment standards about the compensation of liquidated damages and punitive damages; the second is about the parties to the contract agreed upon liquidated damages judicial adjustment issue. This paper chooses from specific cases to study this dispute in the perspective of judicial practiceThe controversial issues on define the nature of liquidated damages has always been in the theory and judicial practice, the compensation of liquidated damages and punitive damages is the most controversial issues on the theory. This article obtains from the three disputed points to comb the key issues in dispute. One is the punitive damages whether is the existing problem; the second is the punitive damages the manner in which is the existing the problems; the third is compensation of liquidated damages whether is the existing problem in breach of morphogenesis delay in performance. These three questions with progressive transformation, from shallow to deep logic relation, and then concludes that our country "contract law" article 114 paragraph 3 of the delayed morphology of liquidated damages due to breach of contract damages contains two parts, namely the interests of the original contract damages and except of the original contract to delay compensation. Relative to the original contract to liquidated damages, delay compensation is an additional payment, independent of the nature of punitive damages as an additional payment of this nature, we can adjust to delay compensation if it is too high.It is different to the punitive liquidated damages which cannot be judicial adjustmentLiquidated damages on the adjustment of justice issues mainly in three aspects: firstly, the theoretical basis for the adjustment of liquidated damages is liquidated main ideological and theoretical adjustment of justice whose is the interaction of the principle of freedom of contract and Justice. Secondly, that is theprosecutorial discretion to be used with caution. It should be fully take into account the basic trend of market development and take into account the different civil subjects pursuing interest in the contract and the risk assessment capacity. The third is specific reference factors for liquidated damages judicial adjustment, including the actual loss caused by the breach, the degree of fault of both parties as well as adjustment range of liquidated damages and so on. Combined with the actual situation, this paper analyzes the theoretical basis of liquidated damages judicial adjustment and the specific reference factors and comments the decision of the court of the deficiencies and reasonable. This can help the judge to write legal documents. It is not only a clear legal provision as the support, but also conforms to the theory of law logic reasoning.