Is the eighth day of the ninth lunar month in 2018 a suitable date to sign a contract?
Is the eighth day of the ninth lunar month in 2018 a suitable date to sign a contract? What should I pay attention to when signing a contract? In the ninth month of the lunar calendar, ancient people would happily climb mountains to express their emotions, drink chrysanthemum wine, and enjoy the beautiful scenery of autumn. Mr. Shui Mo has brought you relevant content about the ninth month of the lunar calendar in 2018. Let’s take a look.Is the eighth day of the ninth lunar month in 2018 a suitable date to sign a contract?Lunar calendar year 2018, September 8th (lunar calendar)Tuesday, October 16, 2018 Libra (Gregorian calendar) 【Today’s lunar calendar is suitable】 Marry, move, bring money, move into the house, open the market, build a stove, accept the bride, recruit a son-in-law, take up a post, bury, seek an heir, erect pillars, plant, give gifts, offer sacrifices, perform funerals, travel , seek money , open warehouses, catch fish, and sign a ticket [Today's taboos in the old almanac] Setting up the bed, felling trees, raising beams, taking in livestock, building, breaking ground, fasting and offering sacrifices, praying for blessings, releasing water, acupuncture and moxibustion, seeking medical treatment, sailing From the above, we can see that today is suitable for signing contracts. The two parties have agreed on both liquidated damages and deposit. Which one should be applied in case of breach of contract?Article 115 of the Contract Law stipulates that the parties may agree that one party pays a deposit to the other party as a guarantee of the creditor's rights in accordance with the Guarantee Law of the People's Republic of China. After the debtor fulfills his debts, the deposit shall be used as payment or be recovered. If the party that pays the deposit fails to perform the agreed debts, it has no right to request the return of the deposit; if the party that receives the deposit fails to perform the agreed debts, it shall return the deposit in double. Article 116 stipulates that if the parties have agreed on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. Article 28 of the "Interpretation of the Supreme People's Court on the Application of Law in the Trial of Sales Contract Dispute Cases" stipulates that if the deposit agreed in the sales contract is insufficient to compensate for the losses caused by one party's breach of contract, and the other party requests compensation for losses exceeding the deposit, the people's court may impose both penalties, but the total amount of the deposit and compensation for losses should not be higher than the losses caused by the breach of contract. |
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