ISSN 1008-2204
CN 11-3979/C
LONG Weiqiu, WANG Qi. Regulations on Default of SME Debts in Contract Law Book of Civil Code[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2019, 32(2): 1-7. DOI: 10.13766/j.bhsk.1008-2204.2019.0043
Citation: LONG Weiqiu, WANG Qi. Regulations on Default of SME Debts in Contract Law Book of Civil Code[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2019, 32(2): 1-7. DOI: 10.13766/j.bhsk.1008-2204.2019.0043

Regulations on Default of SME Debts in Contract Law Book of Civil Code

  • In recent years, debt in arrears to small and medium-sized enterprises have become a serious social problem, which needs to be solved urgently. Since the default of debt involves the contractual legal relationship between the parties, the fundamental solution to this problem cannot be separated from the means of contract law. Contract law should be equipped with a general mechanism for the prevention and punishment of delinquency, which consists of two main instruments. The first instrument is to limit the agreed scope of the payment period to prevent the debtor from abusing the freedom of contract, the second instrument is to increase the defaulting party's liability for breach of contract, the feasible measures are to increase overdue interest and to grant creditors an additional fixed sum of compensation. This article provides suggestions for specific legal provisions and legislative reasons.
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