Legal analysis: Medical institution transfer contract disputes belong to ordinary medical institution ownership transfer contract disputes. The dispute resolution method should be handled with reference to the relevant provisions of the "Civil Code - Contract Part", and the compensation for losses shall be followed. principles to determine the specific compensation standards. If the contract stipulates liquidated damages, the compensation will be based on the liquidated damages standards. If there is no stipulated liquidated damages, the compensation will be determined based on the actual loss compensation standards.
Legal basis:
"The People's Republic of China and the Civil Code"
Article 583
One party If the contractual obligations are not performed or the performance of the contractual obligations is inconsistent with the agreement, if the other party has other losses after performing the obligations or taking remedial measures, the other party shall compensate for the losses.
Article 584
If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equal to the loss caused by the breach of contract. The losses, including the benefits that can be obtained after the performance of the contract, shall not exceed the possible losses that the breaching party foresees or should have foreseen when entering into the contract.
Article 585
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, or the amount of compensation for losses arising from the breach of contract. calculation method.
If the agreed liquidated damages are lower than the losses caused, the People's Court or the arbitration institution may increase the amount according to the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the People's Court or the arbitration institution may increase the amount according to the request of the parties. The party's request shall be appropriately reduced.
If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages.
Article 586
The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually delivered.
The amount of the deposit shall be agreed upon by the parties; however, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not be effective as a deposit. If the amount of the deposit actually delivered is more or less than the agreed amount, the agreed amount of deposit will be deemed to have been changed.
Article 587
If the debtor performs its debt, the deposit shall be used as the price or be recovered. If the party who paid the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, it shall have no right to request the return of the deposit; if the party receiving the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, double the amount of the deposit shall be returned Deposit.
Article 588
If the parties agree on both liquidated damages and a deposit, and one party breaches the contract, the other party may choose to apply the liquidated damages or deposit terms.
If the deposit is insufficient to cover the losses caused by one party's breach of contract, the other party may request compensation for losses exceeding the amount of the deposit.