Details of a case:
Before paragraph time, auspicious cloud factory (alias) the manager telephones, between speech very anxious, summing up a circumstance is, the year before last year of auspicious cloud plant bought a batch of raw material, later because financing is tight, arrive to at present brushstroke material money has not paid, but purchase the penalty due to breach of contract that agreed exceed the time limit pays on the contract to press day of 5 millesimals computation, to now had been penalty due to breach of contract of very big brushstroke.
Recently, auspicious cloud factory got data business urge announce letter, if saying or else of auspicious cloud factory pays in case, be about to sue auspicious cloud factory, and let auspicious cloud factory pay penalty due to breach of contract even. The manager is very anxious, make a telephone call then, the penalty due to breach of contract in advisory contract can skimp bit?
Lawyer analysis:
Above all, the contract is bilateral and affirmatory, the true meaning that is both sides expresses, lawful and effective, act on honest credence principle, contract one party violates an agreement, the agree carries corresponding responsibility of breach of contract, pay penalty due to breach of contract for example. But " contract law " also set the 114th times, the penalty due to breach of contract that if think the contract is medium,joins same square party is exorbitant, can (in lawsuit) decrease appropriately to people court request.
About this contract, if auspicious cloud factory thinks,the contract agrees press the word with exorbitant penalty due to breach of contract of day of 5 millesimals computation, can request to decrease. Whether can decrease, and reductive extent, people court should with " contract law explains 2 " the 29th regulation is a principle, according to particular case specific processing.
Article Piao Yang Boyu's lawyer is civil business department
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