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Is there a maximum amount of liquidated damages for property fees?
Relevant provisions of civil code on property liquidated damages
1 Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid.
The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
2. Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
3. Article 588 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses.
If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.
4. Article 589 Where the obligor performs the obligation as agreed, and the creditor refuses to accept it without justifiable reasons, the obligor may request the creditor to compensate for the increased expenses.
During the delay of creditor's acceptance, the debtor does not need to pay interest.
5. Article 590 Where a party is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.
If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.
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