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Whether liquidated damages can be agreed in the alimony

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Whether liquidated damages can be agreed in the alimony


        

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  • 2024-05-22 02:01:48

    The liquidated damages agreed in the alimony do not violate the law. Article 2 of the Contract Law of the People's Republic of China stipulates that "the contract referred to in this Law is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change or terminate the relationship of civil rights and obligations. Agreements concerning status relations such as marriage, adoption and guardianship shall be governed by other laws." Of course, a maintenance agreement is an agreement concerning status relations, Therefore, the maintenance agreement cannot apply to the relevant provisions of the Contract Law of the People's Republic of China on liquidated damages. However, this does not mean that liquidated damages are only applicable to contractual legal relationships, and cannot be applied to other legal relationships. In the civil field, the basic spirit is "act without prohibition". China's current laws do not prohibit the application of liquidated damages in custody relationships, so the application of liquidated damages in custody relationships does not violate the spirit of civil law.

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