论文部分内容阅读
047 违反经济合同责任的形式有哪几种? 违反经济合同责任的形式,是指当事人违反合同时所受的何种制裁。当事人一方不履行合同或履行合同义务不符合约定条件的,另一方有权要求履行或采取补助措施,并有权要求赔偿损失。违反经济合同的情形不同,发生的具体法律后果,即责任形式也不同。概括起来违约责任主要有以下三种形式: ①支付违约金。违约金是用来制裁违反合同当事人的最主要的方式。凡是在法律或合同中规定了违约金的,当事人一方因过错违反了合同,无论是否给对方造成损失,都应向对方支付违约金。违约金只适用于法律有明确规定、当事人有明确约定的情况。如果法律、合同都没有用违约金作出担保,就不能让违约方承担支付违约金的责任。
047 What kinds of forms of breach of economic contract responsibility? The form of breach of economic contract responsibility refers to what kind of sanctions the parties breach of contract. If one of the parties fails to perform the contract or fails to perform its contractual obligations, the other party has the right to request performance or subsidy measures and is entitled to claim damages. In the case of violations of economic contracts, the specific legal consequences that occur are different forms of responsibility. To sum up the main responsibility for breach of contract in the following three forms: ① pay liquidated damages. Liquidated damages are the most important way to sanction a party who contravenes the contract. Where a liquidated penalty is provided in law or in a contract, one of the parties shall be liable to pay the other party for breach of contract, regardless of whether it has caused any loss to the other party. Liquidated damages only apply to the law clearly defined, the parties have a clear agreement. If the law, the contract did not guarantee liquidated damages, you can not let the breaching party liable to pay liquidated damages.