论文部分内容阅读
某县油脂厂厂长询问:去年6月,我县粮食局向我厂下达生产100吨食用豆油的任务,年底前完成,按国家定价销售给市粮油经销公司。为此,我厂与市粮油经销公司签订了一份有效的购销合同,年底前全部交货。但由于县粮食局没有及时保证我厂生产这批豆油所需要的全部平价大豆,致使合同期满尚有50%的供货任务没有完成,造成部分违约。请问:这个违约责任应该由谁承担?如何承担?答:上述发生的情况非常典型。《中华人民共和国全民所有制工业企业法》第55条规定: “政府或者政府主管部门依照
The director of a county oil plant asked: In June last year, our county Grain Bureau issued to me the task of producing 100 tons of edible soybean oil by the end of the year and was sold to the municipal grain and oil distribution company at a national price. To this end, I plant and the city grain and oil distribution company signed a contract of purchase and sale by the end of all delivery. However, due to the failure of the county grain bureau to promptly ensure that all the cheap soybeans needed by these plants for the production of these soybean oil were guaranteed, 50% of the delivery tasks of the contract were not completed, resulting in partial default. Excuse me: Who should bear this responsibility for breach of contract? How to assume it? A: The above situation is very typical. Article 55 of the Law of the People’s Republic of China on the Industrial Enterprises Under the Ownership System stipulates: ”The government or the government department in charge shall, according to