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各地法院在审理合同纠纷时,经常会遇到违约金约定明显过高的情形,譬如有关媒体近期报道的一件标的额为20万元的买卖合同纠纷,当事人约定的迟延履行违约金标准为每天5000元,迟延100天后当事人诉至法院,要求对方赔偿违约金40万元。《合同法》第114条规定:“当事人可以约定一方违约时应当根据违约情况向对方支付一定数额的违约金,也可以约定因违约产生的损失赔偿额的计算方法。约定的违约金低于造成的损失的,当事人可以请求人民法院或者仲裁机构予以增加:约定的违约金过分高于造成的损失的,当事人可以请求人民法院或者仲裁机构予以适当减少。”笔者认为,《合同法》关于违约金制度在设计上存在缺
Courts in the trial of disputes over the contract, often violated the contract agreement was clearly too high, for example, the media recently reported a contract amount of 200,000 yuan contract disputes, the parties agreed to delay the performance of liquidated damages standards for each day 5,000 yuan, 100 days later, the parties sued the court, asking the other party to compensate the breach of contract 400,000 yuan. Article 114 of the Contract Law stipulates that: “A party may agree that one party will pay a sum of liquidated damages to the other party upon breach of contract, and may also stipulate a method for calculating the amount of compensation for damages due to breach of contract. The parties may request the people's court or the arbitration institution to increase it: if the liquidated damages agreed to be excessively higher than the losses caused, the parties may request the people's court or the arbitration institution to appropriately reduce the amount. ”In the opinion of the“ Contract Law ” The liquidated damages system is lacking in design