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What are the characteristics of the liability for breach of the intermediary contract

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What are the characteristics of the liability for breach of the intermediary contract


        

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  • 2024-05-22 16:01:31

    The liability for breach of the brokerage contract is as follows:

    1. Continued performance, mainly applicable to refusal and delay of performance;

    2. Liability for liquidated damages: a certain amount of money or property that one party should pay to the other party when it breaches the contract as agreed in the contract;

    3. As for the liability of deposit, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights in accordance with the Guarantee Law;

    4. The applicable relationship of liquidated damages and deposit cannot be used together. The parties can only choose one of them.

    Characteristics of liability for breach of brokerage contract:

    1. Subject to the valid contract.

    2. The non performance or improper performance of contractual obligations by the parties to the contract shall be regarded as the essential condition.

    3. It can be agreed by the contract parties within the legal scope.

    4. It is a civil liability for compensation.

    [Legal Basis]

    In Article 107 of the Contract Law, if one party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses. (The Contract Law will expire on December 31, 2020).

    According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses. (The Civil Code will enter into force on January 1, 2021).

    z***

    2024-05-22 16:01:31

  • civil Relevant knowledge

  • law

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