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买卖合同中,买受人无正当理由拒不付款,出卖人请求买受人承担违约责任,在列明请求时应注意,确认解除合同与支付逾期货款的请求不能同时并存:请求确认合同解除并要求买受人承担合同约定的合同解除违约责任或赔偿实际损失;请求买受人支付货款,即继续履行合同并承担合同约定的迟延履行的违约责任。买受人承担合同约定的违约责任时,就逾期应付而未付的款项而言,买卖双方之间的关系类似于借贷关系,对合同约定违约金的调整可参照最新《民间借贷规定》的24%利率为上限的标准。
In the contract of sale, the buyer refuses to pay without justifiable reasons, the seller requests the buyer to bear the liability for breach of contract. When setting out the request, he should pay attention to the fact that the request for canceling the contract and paying the overdue money can not coexist at the same time: The buyer is required to undertake the contract stipulated in the contract to release the liability for breach of contract or to compensate for the actual loss. The buyer is requested to pay the purchase price, that is, to continue to perform the contract and assume the liability for breach of contract as agreed in the contract. When the buyer assumes the liability for breach of contract as agreed upon in the contract, the relationship between the buyer and the seller is similar to the relationship between the buyer and the seller in the case of amounts due overdue, and the adjustment of the liquidated damages agreed in the contract may refer to the latest regulations on private lending % Interest rate is the ceiling of the standard.