Liquidated Damages & Judicial Adjustment · 违约金及司法调整
Article 585 — Civil Code of the PRC — Contracts (2021)
The parties may agree that upon breach, the breaching party shall pay a certain amount of liquidated damages according to the circumstances of the breach, or may agree on a method for calculating damages arising from the breach.
Where the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the amount at a party's request; where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce the amount at a party's request.
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,人民法院或者仲裁机构可以根据当事人的请求予以增加;约定的违约金过分高于造成的损失的,人民法院或者仲裁机构可以根据当事人的请求予以适当减少。
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Visa Types for Foreigners
Article 12 · 外国人签证类型
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CONTRACT
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Foreign Crew Wages Recovered — Ship Arrested and Released in 9 Days
外籍船东欠薪·扣船9天促成和解案
A Liberian ship-management company, owed US$656,400 in crew-management fees by a Marshall Islands shipowner, applied to a Chinese maritime court to arrest the ship when it called at Quanzhou port. The court arrested the 70,000-ton foreign vessel within 24 hours and brokered a US$762,800 settlement in just 9 days; the crew's pay was covered and the ship was released before a typhoon arrived.
Xiamen Maritime Court / 厦门海事法院
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CONTRACT
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Carrier May Not Invoke Foreign Sanctions to Refuse Cargo
承运人不得以外国制裁为由拒运案
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Shanghai Maritime Court / 上海海事法院
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