How to enforce the delay in performance of the civil mediation agreement

Legal Analysis: Yes, you can apply. The court's mediation statement did not provide for mediation on the interest during the period of delayed performance, and the fact that the banquet was not changed shows that the plaintiff had given up the claim for interest during the mediation, and naturally could no longer claim this part of the interest at the time of enforcement.

However, with regard to the performance of the mediation agreement, it is possible to apply for a doubling of the interest on delayed performance, which is prescribed by law, and the other party can be directly applied for payment regardless of whether there is an agreement.

Legal basis: Article 253 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the judgment shall be made to pay double the interest on the debt for the period of delayed performance. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

The deferred performance fee is calculated at the highest interest rate of the bank's loan for the same period, and the interest on the debt is doubled.

The penalty for delay in the performance of the monetary payment obligation shall be calculated at double the interest on the debt for the period of delay. Because of the deterministic nature of the monetary criteria for monetary payments, they are relatively simple to calculate.

Moreover, Article 294 of the "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China" further clearly stipulates that "the interest on the debt calculated and paid at the highest interest rate of the bank's loan for the same period shall be doubled".

The issue of the criteria for determining the delay in performance of non-monetary payment obligations. Article 295 of the "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China" stipulates:

If the delay in the performance of the non-monetary payment obligation has caused losses, double the compensation for the losses already suffered by the applicant for enforcement: if there are no losses, the penalty for delayed performance may be decided by the people's court according to the specific circumstances of the case. According to this judicial interpretation, regardless of whether the applicant for enforcement has suffered losses or not, the person subject to enforcement shall bear the penalty for delayed performance.

Delay in performance means that the time limit for performance agreed by the parties has expired, and one party has not performed within the time limit or does not perform as agreed. For the party who delays performance, the other party may require it to bear the liability for breach of contract such as taking remedial measures and compensating for losses. It is also possible to terminate the contract between the parties upon reasonable notice.

Article 253 of the Civil Procedure Law If the person subject to enforcement fails to fulfill the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt for the period of delayed performance. Where the person subject to enforcement fails to perform other auspicious obligations within the period specified in the judgment, ruling or other legal documents, a penalty for delayed performance shall be paid.

The contract may be terminated if the contract is not performed within a reasonable period of time after being reminded to perform, and the contract may be terminated if the delay in performance makes it impossible to achieve the purpose of the contract. The parties may notify the other party to terminate the contract, or may directly claim the termination of the contract by filing a lawsuit or applying for arbitration.

Article 253 of the Civil Procedure Law stipulates that if the person subject to the execution of the auspicious cover fails to perform the obligation to pay money within the period specified in the judgment, ruling and other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, he shall pay a gold spring allowance for delayed performance.