违约金在国际货物买卖合同中的适用

Application of Liquidated Damages in the Contracts of the International Sale of Goods

英美法系拒绝承认惩罚性违约金具有担保合同履行的功能,认为合同救济的目的在于补偿而非惩罚,大陆法系原则上认为违约金的根本属性为补偿性,但并不禁止当事人就违约订立惩罚性质的违约金。违约金制度在国际货物买卖中的适用有不同情形。

It is not recognized in common -law system that punitive liquidated damages can guarantee the perform- ance of the contract ; they believe that the aim of contract relief is system, it is believed that the fundamental property of liquidated compensation rather than punishment. In civil law damag not prohibit that the parties enter into liquidated damages with punitive es is compensatory in principle, but they do nature when breaking a contract. The appli-cations of liquidated damages system are different in international sale of goods.