What are the prosecution steps for breach of decoration contract

1、 Decoration Lawsuit for breach of contract What are the steps?

1. Ready Civil pleading 。

2. To with Jurisdiction And submit relevant evidence Material Science.

3. Attend on time according to the notice of the People's Court litigation Activities.

4. If not first instance The judgment or ruling shall be made after receiving judgment Within 15 days or 10 days after receiving the written order, appeal to the people's court of the original trial or the people's court at the next higher level, and submit the petition of appeal. "

2、 Decoration Breach of contract What are the responsibilities?

The People's Republic of China Civil Code 》

Article 577【 Liability for breach of contract 】If one of the parties 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.

Article 578 If a party expressly states or indicates by its own conduct that it will not perform its contractual obligations, the other party may request it to assume liability for breach of contract before the expiration of the time limit for performance.

Article 579 【 Money 】 debt Actual performance responsibility] If one party fails to pay the price, remuneration, rent, interest, or other monetary debts, the other party may request payment.

Article 580 [Actual performance liability and default liability for non monetary debts] If one party fails to perform non monetary debts or the performance of non monetary debts is not in conformity with the agreement, the other party may request performance, except in one of the following circumstances:

（1） It cannot be performed in law or in fact;

（2） The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

(III) creditor Failure to request performance within a reasonable period of time.

If the purpose of the contract cannot be realized due to one of the exceptions specified in the preceding paragraph, the people's court or arbitration institution may terminate the contractual rights and obligations at the request of the parties, but this does not affect the assumption of liability for breach of contract.

Article 581 Where a party fails to perform its obligations or fails to perform its obligations in accordance with the agreement, and cannot perform compulsorily according to the nature of the obligations, the other party may request it to bear the expenses for the third party to perform instead.

Article 582 [Liability for Breach of Contract in Defective Performance] If the performance does not conform to the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. Where the liability for breach of contract was not prescribed or clearly prescribed, and cannot be determined in accordance with the provisions of Article 510 of this Law, the aggrieved party may, according to the nature of the subject matter and the size of the loss, reasonably choose to request the other party to assume the liability for breach of contract, such as repair, rework, replacement, return of goods, reduction of price or remuneration.

Article 583 [Liability for damages for breach of contract] If one party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.

Article 584 [Scope of damages] If one party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, resulting in losses to the other party, the amount of damages shall be equal to the losses caused by the breach of contract, including Contract performance The benefits that can be obtained later; However, it shall not exceed the possible losses caused by the breach of contract that the breaching party foresaw or should have foreseen when concluding the contract.

Article 585【 Liquidated damages 】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 circumstances of the breach, or they may agree on the calculation method of the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce them.

If the parties agree on liquidated damages for delay in performance, the defaulting party shall perform its obligations after paying the liquidated damages.

The dispute over breach of the decoration contract is general civil dispute The prosecution process is the same as that of ordinary civil disputes. If the other party breaches the contract after signing the decoration contract, when the people's court hears such cases, it is mainly based on the decoration contract signed by both parties.