| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === Provisions of penalty has been used broadly in various types of contracts in practice to ensure that the debtor undertaking the conventional obligations will perform the debts as its main purpose. Provisions of penalty which set forth a fixed amount of damages for specified breaches of contract could be considered either the「liquidated damages」 or 「penalty」clause, depending on the term described. The first part of the thesis will provide a description of the implications of provisions of penalty, and analyzing the content of the main criterion in distinguishing between liquidated damages and penalty. Furthermore, there are still many contentious issues in practical applications of provisions of penalty, e.g. the characterization of the penalty in contracts , the aging of penalty , the similar systems of law , the penalty calculation methods. After evaluating the effectiveness of liquidated damages and penalty under non-performing debt, the thesis will focus on the issues above, and seeks to categorize the standards of the definition of disproportionately high penalty by analyzing the actual court cases in the final part.
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