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Legal analysis: If both parties breach the contract, they shall bear corresponding responsibilities. The main ways to bear civil liability are:
1) Cease the infringement; (2) Removing obstructions to large hands; .c) eliminate the danger; (4) return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Compensate for losses; (8) Pay liquidated damages; (9) Eliminate the impact and restore reputation; (10) Make a formal apology.
Legal basis: Article 592 of the Civil Code of the People's Republic of China If the parties both violate the contract, they shall each bear the corresponding responsibility. If one of the parties violates the contract and causes losses to the other party, and the other party is at fault for the occurrence of the losses, the corresponding amount of compensation for losses may be reduced.
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Failure to perform the contract in accordance with the provisions is subject to liability for breach of contract. The law stipulates that if one party breaches the contract, it shall require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The amount of damages shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.
1. What should be done if there is a breach of contract in the Civil Code.
According to the Civil Code, if there is a breach of contract, the person shall bear the liability for breach of contract for continued performance, the liability for breach of contract for taking remedial measures, and the liability for breach of contract for compensation for losses. If one party breaches the contract and causes losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
2. What is the meaning of liquidated damages for gas charges?
After the gas is used, the corresponding fees need to be paid, but some people do not pay in time in life, then there will be a breach of contract, that is, the liquidated damages of the gas fee. According to the relevant laws and regulations of China, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the other party suffers losses, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.
What should I do if the three calendar keys and IOU amounts are not agreed on liquidated damages.
If there is no agreement on the liquidated damages for the loan, the defaulting party shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the breach of contract causes losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract. Other provisions of the law or other agreements of the parties, etc.
Article 577 of the Civil Code.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses by the first party.
Article 584.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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The liability for breach of contract for non-performance of contractual obligations is the responsibility to continue to perform, take remedial measures or compensate for losses. If the parties have agreed, they shall bear the reasonable liability for breach of contract as agreed in the contract.
[Legal basis].
Article 577 of the Civil Code of the People's Republic of China.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 583.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.
Article 584.
If one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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Legal analysis: the assumption of liability for breach of contract does not affect the performance of the contract, in fact, the continued performance of the contract is also a kind of liability for breach of contract, and if you bear other liabilities for breach of contract, the contract still has the conditions for performance, you can require continued performance of the contract.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: If a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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