On Judicial Application Rules of Deposit Penalties——Centered on Article 68 of Judicial Interpretation of General Principles of Contract Section of Civil Code
Article 68 of the Judicial Interpretation of General Principles of Contract Section of Civil Code makes detailed provisions on the specific application rules of the deposit penalty.How to accurately understand and apply this provision is of great significance to judicial practice.By using a variety of legal interpretation methods and combining with judicial practice,this paper makes an in-depth analysis of this provision and draws a conclusion:when both parties have breach of contract,it should be based on"fundamental breach of contract",and then according to the degree of breach of contract between the two parties,whether the deposit penalty can be applied is divided.When one party partially performs,according to the nature and situation of performance,the deposit penalty can be applied proportionally.When the contract cannot be performed due to force majeure,the judicial application of the deposit penalty should be excluded.
deposit penaltydefault by both partiespartial performancejudicial application
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