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最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释

Article 26

Amended

买卖合同因违约而解除后,守约方主张继续适用违约金条款的,人民法院应予支持;但约定的违约金过分高于造成的损失的,人民法院可以参照合同法第一百一十四条第二款的规定处理。

Judicial Interpretations · Supreme People's Court · In force from July 1, 2012

Article 25Back to full textArticle 27

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