Research On Delay In Performance

The delayed liquidated damages have always been familiar to the general public and often play a role in protecting the interests of the parties in the contract legal relationship.However,because the delayed liquidated damages have not been developed in China for a long time,the relevant provisions in the application are different understandings can easily lead to disputes.According to different stages,the liquidated penalty for delayed performance can be divided into liquidated damages agreed by the parties in the non-execution procedure,and the delayed interest due to the delayed in the execution phase.The discretionary reduction procedure is more suitable for initiation on application,and the terms agreed by both parties should be applied in preference to any legal regulations.As the overall legal awareness of the members of the society increases,it is not necessary to explain the right to apply for a reduction of liquidated damages;factors to be considered include but are not limited to the determination of losses,the principle of fairness,the impact of available benefits,the parties’ faults,The degree of performance of the contract;for the base range of deferred interest,in general practice,attorney fees,litigation fees,and appraisal fees may not be liable for deferral,and should also be liable for deferral during the period;It is necessary to make it more secure to delay the liability after the expiration of the grace period after the reminder.