Legal basis
Article 566 of the Chinese People's *** and National Code
After the termination of the contract, if it has not yet been performed, the performance will be terminated; if it has already been performed, according to the performance and the nature of the contract, the parties may request for the restoration of the original state or other remedial measures, and have the right to request for compensation for the loss.
Where a contract is terminated for breach of contract, the person who has the right to terminate the contract may request the breaching party to bear the responsibility for the breach of contract, unless otherwise agreed by the parties.
After the termination of the main contract, the guarantor shall still be liable for the civil liability to be borne by the debtor, unless otherwise agreed in the guarantee contract.
Answered on 2021-11-20
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How to pay liquidated damages
Legal analysis: for contractual liquidated damages have agreed to be paid in accordance with the agreement, the liquidated damages directly by the law in accordance with the provisions of the law. Liquidated damages refers to the agreement of the parties or the law directly stipulates that one party defaults on the money payable to the other party. The standard of liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is property other than money. The payment of liquidated damages shall reflect reasonableness. The method of calculation of liquidated damages and the period of payment shall be clearly agreed upon. Legal Basis: Article 577 of the Chinese People's *** and National Code If one of the parties fails to fulfill its contractual obligations or the fulfillment of its contractual obligations is not in conformity with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensating for the damages. Article 582 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. If there is no agreement on the breach of contract liability or the agreement is unclear and cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, according to the nature of the subject matter and the magnitude of the loss, reasonably choose to request the other party to bear the breach of contract liability of repairing, remaking, replacing, returning, reducing the price or remuneration, and so on. Article 585 The parties may agree that one party shall pay to the other party a certain amount of liquidated damages in accordance with the circumstances of the breach of contract, and may also agree on the method of calculating the amount of damages arising from the breach of contract. If the agreed liquidated damages are lower than the damages caused, the people's court or the arbitration institution may, at the request of the parties, increase the amount; if the agreed liquidated damages are higher than the damages caused, the people's court or the arbitration institution may, at the request of the parties, appropriately reduce the amount. The parties on the delayed performance of the agreed liquidated damages, the defaulting party to pay the liquidated damages, but also should fulfill the debt, I hope my answer is helpful to you