Collection standard of property liquidated damages 20 19

1. What is the standard of liquidated damages for property contracts?

The standard of liquidated damages in property contract is illegal.

People's Republic of China (PRC) Civil Code

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If 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 concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, how to determine the standard of liquidated damages for property service contracts?

People's Republic of China (PRC) Civil Code

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If 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 concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

In the case that the whole property service contract is judged invalid, the terms of liquidated damages are not protected by law, so it is naturally unnecessary to implement them. If the realty service contract is invalid due to the fault of both parties, they shall bear corresponding responsibilities.

Third, how to deal with the high liquidated damages in the property contract?

(1) High liquidated damages in the property contract. Both parties to the contract can negotiate to reduce the actual payment amount of liquidated damages.

According to Article 585 of the Civil Code, the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of damages caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If 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 concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

(two) after the breach of contract, the liquidated damages and the deposit cannot be applied at the same time.

Article 588 of the Civil Code stipulates that if both parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the terms of liquidated damages or deposit.

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.