The Application Of Liquidated Damages Rule After Contract Termination

After the termination of the contract,whether the liquidated damages clauses stipulated in the contract are still valid or not is not clearly stipulated in the contract law of China.In judicial practice,there is no unified standard,and in the case of different judgments of the same case,the liability for breach of contract cannot be applied after the termination of the judgment contract,but only the return of unjust enrichment,loss compensation and other civil liabilities can be applied;When the contract is terminated,the claim for liquidated damages is supported.There are two views on whether the contract termination and liquidated damages can coexist in the theoretical circle,namely,the theory of elimination and the theory of coexistence.This paper takes the dispute focus of a dispute arbitration case of a material supply contract as the object of analysis and research.After the contract is terminated,the parties to the contract should bear the liability for breach of contract in respect of whether one party delays in paying the goods during the performance of the contract.Focus around the dispute after termination of the contract for breach of contract terms of effectiveness,the liquidated damages clause applicable conditions and the effects of liquidated damages paid for the determination of the analysis in three aspects such as demonstration,and analyzed from the Angle of commercial law,it is concluded that after the termination of the contract liquidated damages clause can apply this conclusion,at the same time,the relevance to think and penalty due to breach of contract in the legislation of the termination of the contract,the breach of the rules of refactoring,the amount of liquidated damages of the improvement of the judicial adjustment rules,put forward the corresponding Suggestions.In order to further protect the interests of both parties in the contract in practice,improve the security of market transactions,and realize the sound and orderly development of the socialist market economy.