论文部分内容阅读
违约金制度是一项古老的制度,起源于罗马法,历经发展完善,至今仍然起着重要作用,是现代民、商事合同纠纷中比较常见的合同救济方式之一。随着市场经济制度在我国的确立与完善,违约金制度重要性越来越得到凸显。违约金制度关系到合同当事人的利益保护、合同的安全与秩序、以及法律正义,所以我们需要良好的违约金制度。良好的违约金制度应该是建立在意思自治基础上的,即尊重当事人对补充违约金或惩罚违约金的设定,尊重其合法、真实无瑕疵的意思表示。
The system of liquidated damages is an ancient system that originated from the Roman law and continues to develop and improve. It still plays an important role today and is one of the more common forms of contract remedies in modern civil and commercial contract disputes. With the establishment and improvement of the market economy system in our country, the importance of the liquidated damages system has become more and more prominent. The system of liquidated damages is related to the protection of the interests of the parties to the contract, the security and order of the contract, and legal justice, so we need a good liquidated damages system. A good system of liquidated damages should be based on autonomy of purpose, that is, to respect the parties’ stipulations on supplementing the liquidated damages or penalties for damages, and to respect their legitimate, genuine and flawless meanings.