The Late Payment Penalty Due To Breach Of Contract System Research

In judicial practice, contract dispute relating to the late payment penalty due to breach of contract case exists chaos phenomenon, some support for the late payment penalty due to breach of contract of the party, or rejected. On time limit and be calculated in the calculation standard also have different approach, current law is also not clear. How to adjust the late payment penalty, although a principled legal provisions, but still it gives the judge a very large discretion. In connection with different sentence phenomenon occurs frequently, has affected the judicial credibility and legal unity. So, it should determine the qualitative late payment of liquidated damages, a clear time frame and starting the calculation of the standard specification for further exploration and research, in order to put forward reasonable proposals in the legislative and judicial. The full text is divided into five parts altogether on late payment of related concepts and contents of the penalty due to breach of contract. The first part, mainly introduces the basic knowledge of late payment penalty due to breach of contract law, introduces its concept, type and different period related regulations of the country, so all of the late payment penalty due to breach of contract has a system of professional knowledge. The second part mainly introduces the relevant legislation concerning the world of late payment penalty due to breach. The third part mainly introduces in the judicial practice of late payment penalty due to breach applicable difference, in order to demonstrate the importance of legal regime applicable to eliminate codefendant different sentence of paradox happening again. In addition, analysis of the late payment penalty due to breach a different attitude by respective arguments, and how to resolve the controversial issue of liquidated damages applicable. Based on this, the four part focused on and the adjustment of late payment penalty due to breach of contract, including the principle of adjustment, the elements and adjusted system of judicial application. The fifth part, illustrates the existing late payment penalty due to breach of contract of the deficiency of legal norm, and to perfect my late payment puts forward legislative Suggestions. Above is the basic content of this article, in the process of writing this article, the author with a pragmatic attitude, around a specific judicial practice to apply the liquidated damages clause adjustment rules and the focal point, carding the current valid rules first, look for can be quoted by law. At the same time a targeted select typical judicial decisions, this paper summarizes the, to search for available for reference to the practice of operation.