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Anonymous users2024-02-12It is not necessary to pay liquidated damages after signing a contract, because in some cases, it is a contract terminated by mutual agreement of both parties, so there is no need to pay liquidated damages. Or there are some cases where liquidated damages can not be paid because of the provisions of the law, such as the contract cannot be realized due to force majeure.
Legal basis] Article 585 of the Civil Code stipulates that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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Anonymous users2024-02-11The consequences are more serious.
In the event of a breach of contract, failure to pay the liquidated damages of the three parties may result in prosecution. Legal basis: Article 577 of the Civil Code of the People's Republic of China stipulates:
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 578 of the Civil Code of the People's Republic of China stipulates that if one of the parties expressly states or shows by its own behavior that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
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Anonymous users2024-02-10There is no need to pay liquidated damages, because if there is no special training provided by the employer and the agreed service period, the employee does not need to bear the liability for breach of contract.
There are only two types of liquidated damages stipulated in the Labor Contract Law, namely, liquidated damages for breach of the service period and liquidated damages for breach of non-compete obligations. As far as the receiving unit is concerned, the tripartite agreement between the enterprise and the individual means that the graduate file can be received and the student's right to progress is guaranteed.
So how long does it take for the three parties to breach the contract and get the termination letter?
When to get a termination letter for the breach of a tripartite contract depends on the specific circumstances, and the party who terminates the contract will issue a letter of breach of contract to the parties. Contract breach is a common contract violation, after the contract is breached, the breaching party has to bear the liability for breach of contract, the contract breach of contract liability is a statutory liability, even if the contract is not agreed, but also according to the actual situation to bear the liability for breach of contract, to sum up, are you clear?
Legal basis] Article 25 of the Labor Contract Law Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
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Anonymous users2024-02-09Legal analysis: Regardless of whether one of the parties to the contract violates the contract and causes losses to the other party, as long as the two partners or Li party agree on the liquidated damages clause in the contract, the breaching party must compensate the other party for liquidated damages. The parties may stipulate in the contract that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are excessively higher than the actual losses, the parties may request the people's court or arbitration institution to appropriately reduce them.
Legal basis: Civil Code of the People's Republic of China
Article 723 If the lessee is unable to use or benefit from the leased property due to the third party's knowledge of the delay in the right of the tenant, the lessee may request a reduction in the rent or not pay the rent.
If a third party asserts rights, the lessee shall notify the lessor in a timely manner.
Article 724 In any of the following circumstances, if the leased property cannot be used due to reasons not attributable to the lessee, the lessee may terminate the contract:
1) The leased property is sealed or seized by the judicial or administrative organs in accordance with law;
2) The ownership of the leased property is disputed;
3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.
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Anonymous users2024-02-08There is no need to pay liquidated damages, because if there is no special training provided by the employer and the agreed service period, the employee does not need to bear the liability for breach of contract. There are only two aspects of liquidated damages stipulated in the Labor Contract Law, namely, liquidated damages for breach of service period and liquidated damages for breach of non-compete obligations. As for the receiving unit, the signing of a tripartite agreement between the enterprise and the individual means that the graduate file can be received and the above rights of the student can be protected.
Legal basis] Article 25 of the Labor Contract Law Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
Legal basis. Article 25 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Liquidated Damages] Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
Liquidated damages: According to Article 34 of the Telecommunications Regulations of the People's Republic of China, telecommunications operators may suspend the provision of telecommunications services to telecommunications users who fail to pay telecommunications fees within 30 days beyond the agreed time limit for charging. Where telecommunications users fail to pay telecommunications fees and liquidated damages within 60 days of the telecommunications operator's suspension of services, the telecommunications operator may terminate the provision of services and may recover the arrears and liquidated damages in accordance with law. >>>More
There are specific provisions on compensation for losses in the Contract Law, that is, 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, 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. Party B's failure to repay the arrears is sufficient to determine the actual loss incurred by Party A.
First of all, the default is certain. Now it is a matter of how much actual loss this breach has caused to the other party. Paragraph 2 of Article 114 of the Contract Law provides: >>>More
Although the relationship between husband and wife is different from the civil legal relationship regulated by the Contract Law, the nature of the divorce agreement should be legally recognized as a type of contract, which is produced by the agreement of the parties and should be regulated by the Contract Law. The Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China can also be seen in the principles and methods of handling disputes in divorce by mutual agreement, as well as the determination of the nature of the divorce agreement. Therefore, if the parties to a divorce agreement regulated by the Contract Law fail to perform their obligations under the agreement or the performance of their obligations does not conform to the agreement, they should bear the liability for breach of contract as stipulated in the Contract Law, and the natural liquidated damages clause also applies to the divorce agreement and is legally binding on both parties. >>>More
A few hundred months is not enough to eat, the school is still forced to sign a tripartite agreement As long as you sign it, the school will not care about you Now he can also help you contact the point unit, if you want to sign the tripartite agreement, the school will definitely not contact you again Because what the school wants is the tripartite agreement If you don't sign it, the school will not give you a graduation certificate!This tripartite agreement is the proof of the school's employment rate!So the school's employment rate is 99%! >>>More