合同违约需要承担哪些责任？

What are the responsibilities for breach of contract?

　　根据《合同法》第107条规定，当事人一方不履行合同义务或者履行合同义务不符合约定的，应当承担继续履行、采取补救措施或者赔偿损失等违约责任。

　　这一规定是对违约及违约责任的最为基本的概括性规定，我们可以理解为以下几点：

　　(1)继续履行。指合同义务没有履行或者履行不符合约定的，守约方可以要求违约方按照合同约定继续履行，直至达到合同目的。此种情况多适用于标的物是特定的必须履行的、不得替代履行的情况。

　　(2)采取补救措施。指履行债务的标的物品质不符合合同约定，不需继续履行而只需采取适当补救措施，即可达到合同目的或守约方认为满意的目的。比如交付的产品质量不符合约定的，受损害方根据标的的性质以及损失的大小，可以合理选择要求对方承担修理、更换、重作、退货、减少价款或者报酬等违约责任。

　　(3)赔偿金。指合同各方在合同中约定的，一方因违约给对方造成实际损害的，按实际损害数额给予赔偿的责任承担方式。当事人在履行义务或者采取补救措施后，对方还有其他损失的，应当赔偿损失。

　　《合同法》第112条：当事人一方不履行合同义务或者履行合同义务不符合约定的，在履行义务或者采取补救措施后，对方还有其他损失的，应当赔偿损失。

　　第113条：当事人一方不履行合同义务或者履行合同义务不符合约定，给对方造成损失的，损失赔偿额应当相当于因违约所造成的损失，包括合同履行后可以获得的利益，但不得超过违反合同一方订立合同时预见到或者应当预见到的因违反合同可能造成的损失。

　　(4)违约金。指合同各方在合同中约定的一方或各方违约时，违约方要支付给守约方一定数额的货币以弥补守约方损失，同时兼有惩罚违约行为作用的违约责任方式。承担违约责任后，是否还要继续履行或采取补救措施，可由合同各方协商确定。但是，当事人就迟延履行约定违约金的，违约方支付违约金后，还应当继续履行。

　　上述违约责任可以选择适用，也可以几种方式同时适用，但宗旨是以合同目的达到为准，而且需经合同各方一致同意。

According to Article 107 of the contract law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continued performance, remedial measures or compensation for losses.

This provision is the most basic general provision for breach of contract and liability for breach of contract. We can understand it as follows:

(1) Continue to perform. It means that if the contractual obligations are not performed or the performance is not in conformity with the agreement, the observant party may require the breaching party to continue to perform in accordance with the agreement of the contract until the purpose of the contract is achieved. This situation is mostly applicable to the situation that the subject matter is specific, must be performed and cannot replace performance.

(2) Take remedial measures. It refers to that the quality of the subject matter of the performance of the debt does not comply with the contract, and there is no need to continue the performance, but only take appropriate remedial measures to achieve the purpose of the contract or the purpose satisfactory to the observant party. For example, if the quality of the delivered products does not meet the agreement, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, reduction of price or remuneration according to the nature of the subject matter and the size of the loss.

(3) Compensation. It refers to the liability bearing method agreed by the parties in the contract that if one party causes actual damage to the other party due to breach of contract, it shall be compensated according to the amount of actual damage. If the other party still has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 112 of the contract law: if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, if the other party still has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 113: if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, resulting in losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the possible losses caused by the breach of contract that the breaching party had foreseen or should have foreseen when concluding the contract.

(4) Liquidated damages. It refers to the way of liability for breach of contract agreed by the parties in the contract that when one or both parties breach the contract, the breaching party shall pay a certain amount of currency to the observant party to make up for the losses of the observant party, and at the same time, it also has the function of punishing the breach of contract. After assuming the liability for breach of contract, whether to continue to perform or take remedial measures can be determined by the parties to the contract through negotiation. However, if the parties agree on liquidated damages for delay in performance, the breaching party shall continue to perform after paying the liquidated damages.

The above liability for breach of contract can be applied selectively or in several ways at the same time, but the purpose is to achieve the purpose of the contract and shall be agreed by all parties to the contract.

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