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1. Article 110 of the Contract Law stipulates that if one of the parties fails to perform a non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:
1) Legally or factually unable to perform;
2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;
3) The creditor fails to demand performance within a reasonable period of time.
According to this provision, you can make a request to the court to ask the other party to continue to perform the contract and sell the house to you.
2. For the liability for breach of contract, if the double return of the deposit still cannot make up for the loss, the other party can be required to pay additional compensation to the court. Article 112 of the Contract Law stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.
3. However, the court may not support you for the loss suffered by the increase in housing prices, because the loss of this obtainable benefit is unpredictable, and it changes with the change of the market, and does not belong to the scope of reasonable profits. The law protects the benefits that can be obtained through the contract, but this interest must be reasonably foreseeable. It is the same as the loss caused by the sharp fall, and the law does not protect this unforeseen gain or loss.
Article 113 of the Contract Law stipulates that 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 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, but 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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If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double."
The amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract;
It is to pay 200,000 yuan including a deposit.
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Judging from your description, the deposit penalty is not adopted, then, in the absence of other relevant provisions, it can be interpreted that the double compensation is in addition to the deposit, that is, if the payer breaches the contract, the non-breaching party will collect twice the deposit in addition to the non-breaching party, that is, 200,000 compensation, and if the receiving party breaches the contract, the non-breaching party will collect twice after recovering the deposit, that is, 20 compensation. It should be noted that it also depends on what the total subject matter of your contract is and what the expected income is, if the amount of compensation deviates too much, either party can sue for adjustment.
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The liabilities for breach of contract stipulated in the Contract Law include: the payment of liquidated damages, a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the obligations of the contract; Damages, the economic compensation made by the breaching party to the other party in the event of property loss due to the breach of contract; Continued performance, where the court or arbitration institution makes a judgment requiring actual performance or issues a special performance order to compel the debtor to perform the contractual obligations within a specified time limit.
[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 its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking measures to make up for the correction and erection, or compensating for losses.
Article 578.
If one of the parties expressly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear the liability for breach of contract before the expiration of the performance period.
Article 579.
If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment.
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 the obligations or taking remedial measures, it shall compensate for the losses.
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1. Liability for fundamental breach of contract.
Damages are one of the main remedies for breach of contract under the Convention. Article 74 CISG provides that the amount of damages for which one party is liable for breach of contract shall be equal to the amount of loss suffered by the other party as a result of his breach. The scope of compensation for damages generally includes damage to property, reduction and expenses incurred to reduce or eliminate the loss, and benefits that may be obtained after the performance of the contract.
Land. However, such damages shall not exceed the likely loss that the breaching party would have anticipated in the light of facts and circumstances that he knew or ought reasonably to have known at the time of the conclusion of the contract.
2. Termination of the contract.
Rescission is the most severe remedy for breach of contract, and it will have a series of significant impacts on both parties to the contract. When the other party is in fundamental breach of contract, the non-breaching party may terminate the contract. Article 26 of the CISG provides that a declaration of avoidance must be notified to the other party in order for it to be effective.
3. Bear the interest.
According to article 78 CISG, if a party fails to pay the price or other amounts in arrears, the other party is entitled to interest on those amounts, without prejudice to its right to damages.
4. Remedies for breach of contract.
a) Continued performance.
Also known as compulsory performance, it refers to the way in which the court compels the breaching party to continue to perform the contractual obligations when the breaching party fails to perform the contract.
Its constituent elements are as follows:
1. There is a breach of contract;
2. There must be an act of the non-breaching party requesting the breaching party to continue to perform the contract debts;
3. The breaching party must be able to continue to perform the contract.
2) Take remedial measures.
If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.
3) Compensation for losses.
That is, the debtor's responsibility to compensate the creditor for the losses suffered by the creditor in accordance with the law when the debtor fails to perform the contractual obligations. Compensation for losses in China's Civil Code refers to monetary compensation, even if it includes compensation in kind, it is limited to compensation for items other than the subject matter of the contract.
Its responsibilities are constituted as follows:
1. Breach of contract;
2. Loss; 3. There is a causal relationship between the breach of contract and the loss;
4. The breaching party has no reason to be exempted.
4) Deposit liability: The parties may pay a deposit to the other party as a guarantee for the creditor's right in accordance with the provisions of the Civil Code. After the debtor performs the debt, the deposit shall be offset against the price or the loss shall be recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
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Legal analysis: fundamental breach of contract refers to the system in which the other party can terminate the contract when the purpose of the contract cannot be realized due to the breach of contract by one party. The purpose of the fundamental breach of contract system is to encourage transactions and maximize the social value of the contract.
Otherwise, if the parties are allowed to terminate the contract at will regardless of whether the breach of contract will cause serious consequences when the other party breaches the contract, it is not in line with the principle of encouraging transactions, and it is not conducive to the stability of economic relations.
Legal basis: Article 563 of the Civil Code of the People's Republic of China The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be realized due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main key debts; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.
In the case of an indefinite contract that consists of a debt that continues to be performed swiftly and skillfully, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
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The liabilities stipulated in the fundamental breach of contract are: 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 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; 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.
Legal basis] Article 577 of the Civil Code.
If one of the parties fails to perform its contractual obligations or fails to comply with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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, and 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; 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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If a party commits a breach of contract, the means of assuming liability for breach of contract include continuing to perform, taking remedial measures, or compensating for losses.
According to 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.
Article 582 stipulates that if the performance does not conform to the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
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Legal analysis: If there is a liability for breach of contract in the contract, the breaching party shall bear the liability for breach of contract in accordance with the contract. If there is no agreement on the liability for breach of contract or the agreement of the banqueter is not clear, the liability for breach of contract shall generally be borne in accordance with the form of liability for breach of contract stipulated in the Contract Law, and the specific responsibilities are as follows:
continued performance; take remedial action; Compensation for damages.
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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Contract law, that is, the liability for breach of contract in the Contract Part of the Civil Code, is not tort liability. Liability for breach of contract and liability for tort are two completely different forms of liability. Liability for breach of contract is the liability that needs to be borne because of the breach of the contract, and the liability for breach of contract is relative and generally only limits the parties to the contract.
[Legal basis].
Article 465 of the Civil Code.
Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 1165.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.
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Liability for breach of contract takes the form of liability for breach of contract, such as continuing to perform, taking remedial measures, or compensating for the loss of jujube covers; and repair, rework, replacement, return, reduction of price or remuneration and other liability for breach of contract. The specific information may be agreed upon by the parties themselves.
[Legal basis].
Article 509 of the Civil Code of the People's Republic of China.
The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
Article 577.
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 582.
If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
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