According to the provisions of Article 25 and Article 32 of the Contract Law of our country, if a contract is concluded in the form of a contract, the contract is established when both parties sign or seal it. The deposit in this topic is the default deposit stipulated in Article 1 15 of the Contract Law, which is subordinate to the main contract. It should be noted that the Supreme People's Court's judicial interpretation of the guarantee law also stipulates several kinds of deposits, including the deposit for concluding a contract, the deposit for terminating a contract and the deposit for concluding an agreement.
Extended data:
Standard of compensation for breach of contract
1. 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 situation of breach of contract, or they may agree on the calculation method of damages for breach of contract. Therefore, liquidated damages are punitive, not based on the premise that the non-breaching party suffers losses.
2. Generally speaking, the upper limit of the contract penalty shall not exceed 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it. Paragraph 2 of Article 1 14 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately.
3. The market price as the basis for calculating the loss amount should generally be the market price of the place of performance. If there is no market in the place of performance, it is difficult to determine the objective market price. In this case, the market price of the place where the buyer is most likely to buy substitutes plus reasonable transportation expenses should be used as the basis for calculating the loss.
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