What is the difference between a deposit and a deposit?

See below for the differences:

The deposit is a means of guarantee, and the delivery of the deposit is to guarantee the performance of the debt, and is not itself an act of performing the debt, so after the debtor performs the debt, the deposit should be offset against the price or recovered; However, the deposit is only a means of payment, and the payment of the deposit is only an act of performing the debt, which does not have the effect of guaranteeing the performance of the debt, and cannot prove the formation of the contract.

The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.

In legal terms, a fixed metal is a kind of security for a creditor's right and should be agreed in writing. According to the provisions of the Contract Law and the Guarantee Law, the deposit penalty is applicable. A deposit is not a legal term and is often understood as an advance payment.

Regardless of whether the seller defaults or the buyer defaults, the party who received the deposit should refund the full amount.

The deposit of the treasure hijab has the nature of guarantee, which can be understood as the meaning of certainty, and is generally paid before signing the contract. The deposit is not guaranteed by words, it can be understood as the meaning of reservation and advance payment, which is generally paid before signing the temporary subscription agreement, and if any party defaults, only the deposit needs to be returned to the paying party.

The nature of the two is different. A deposit is a legal concept, whereas a deposit is just a customary term, not a legal concept. The deposit contract (including the deposit clause) is a subordinate contract of the main contract, and if the deposit is not paid according to the agreement, it does not constitute a breach of the main contract.

Teach you the difference between a deposit and a deposit.

The difference between a deposit and a deposit The deposit of Bao Gaitou is a form of guarantee, and the biggest is particularly punitive, if the other party takes the money, and finally does not perform the contract.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

The difference between a deposit and a deposit is manifested in the following aspects:

1. The basic legal relationship between the two is different, the deposit contract is a subordinate contract relative to the main contract, unless the parties have a special agreement, and the main contract is invalid, the deposit contract is also invalid; The agreement between the parties on the deposit is an integral part of the main contract.

2. The functions of the two are different; The deposit does not have the function of guaranteeing the debt, and its function is to provide certain financial support for the performance of the debt by one party. The payment of the deposit itself is an act of performance of the obligations of the party paying the deposit.

3. The roles of the two are different; Once the deposit is paid, it will play the role of sanctioning the breaching party and compensating the non-breaching party; After the deposit is paid, if one party breaches the contract and the contract is terminated, the party receiving the deposit must return the deposit in full.

4. The scope of application of the two is different; The deposit guarantee method can be applied to various contracts; The deposit is only applicable to contracts in which the payment of money is the performance of a party's obligations, and is mostly found in famous contracts such as sales contracts, lease contracts, and contract contracts.

1. Different nature: the deposit is only a unilateral act and does not have an obvious guarantee nature. Under normal circumstances, the deposit is regarded as the payment of the advance payment.

If one of the parties to the delivery and receipt of the deposit is not a contractual obligation, the loss or double return of the advance payment shall not occur, and the deposit can only be used as damages. A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion or performance of a contract. It has certain legal effect.

2. Different characteristics: the deposit can be returned through the coordination of both parties. The deposit can only be refunded in the event of irregularities in the signed subscription contract.

3. The nature of the guarantee is different: the deposit is of a guarantee nature, while the deposit is only a unilateral act and does not have the nature of a guarantee.

Article 586 of the Civil Code of the People's Republic of China provides that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not be considered to be effective in generating a deposit.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

The nature of the two is different, and the functions of the two are also different.

In commercial housing transactions, there is a clear legal difference between the deposit and the deposit. A deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract.

The deposit refers to the amount of money agreed by the parties to be paid to the other party in advance as security in order to ensure the performance of the debt, and the amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

Extended Materials. A contract deposit, also known as a contract deposit, refers to a certain amount of money paid to guarantee the conclusion of a contract. The deposit is a condition of a party's refusal to enter into the main contract.

Article 115 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Security Law of the People's Republic of China stipulates that if the parties agree to pay a deposit as security for the conclusion of the main contract, if the party paying the deposit refuses to conclude the main contract, it shall not have the right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, the deposit shall be returned in double.

The settlement deposit refers to the deposit agreed by the parties in the contract to bear the deposit penalty as the consideration for retaining the right to terminate the contract. The termination fee is conditional on the termination of the contract by one party. The establishment of a termination deposit must be clearly stipulated in the contract, otherwise the deposit stipulated in the contract can only be interpreted as a breach of contract deposit (when one party is profitable, the contract will be terminated by returning double the deposit or waiving the deposit, which undermines the principle of good faith).

The penalty for the deposit does not exclude damages, and the party who bears the penalty for the deposit shall still be liable for damages if the loss of the party who abides by the contract is greater than the profit on the deposit. If it is stipulated in the contract that the contract shall be understood, and the parties request to terminate the contract at the cost of bearing the loss of the deposit, the actual performance of the contract cannot be compulsory.

The certificate deposit refers to the deposit that uses the fact of delivery as proof of the existence of a contractual relationship between the parties. The certificate deposit is not a necessary condition for the formation of the contract, and whether the contract is established has nothing to do with the delivery of the deposit.

See below for the differences:

The deposit is a means of guarantee, and the delivery of the deposit is to guarantee the performance of the debt, and is not itself an act of performing the debt, so after the debtor performs the debt, the deposit should be offset against the price or recovered; However, the deposit is only a means of payment, and the payment of the deposit is only an act of performing the debt, which does not have the effect of guaranteeing the performance of the debt, and cannot prove the formation of the contract.

See below for the differences:

The deposit is a means of guarantee, and the delivery of the deposit is to guarantee the performance of the debt, and is not itself an act of performing the debt, so after the debtor performs the debt, the deposit should be offset against the price or recovered; However, the deposit is only a means of payment, and the payment of the deposit is only an act of performing the debt, which does not have the effect of guaranteeing the performance of the debt, and cannot prove the formation of the contract.

The difference between the deposit and the deposit is mainly due to the following three points: 1The deposit contract is a subordinate contract of the main contract, and the failure of the deposit contract to take effect does not affect the validity of the main contract.

The deposit contract is part of the main contract, and if the deposit should be paid according to the agreement but is not delivered, the main contract shall not be established.

2.If the party who pays Dinghui Yinjin fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. If the party who pays or accepts the deposit fails to perform the debt of the same debt, the consequence of losing or returning the deposit in double shall not occur, and the deposit can only be used as damages.

3.The deposit is in the nature of a guarantee, while the deposit is only a unilateral act and is not a guarantee. Other such as liens, guarantees, security deposits, contract fees, and deposits do not have the legal consequences of a deposit if the nature of the deposit is not agreed.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

Teach you the difference between a deposit and a deposit.

Do you know the difference between a deposit and a deposit?

The so-called "deposit" refers to a form of security in which the parties to the contract agree that one party shall pay a certain amount of money to the other party in advance at the time of the conclusion of the contract or before the performance of the contract to ensure the realization of the contractual claims. The "deposit", which is not clearly stipulated in the law at present, can generally be regarded as "advance payment". The difference between a deposit and a deposit is mainly manifested in:

1) The amount is different. The amount of the deposit shall not exceed 20% of the amount of the main contract, and the excess part shall be invalid; There is no limit to the amount of the deposit.

2) The potency is different. As an advance payment, the deposit generally becomes part of the price under the normal performance of the contract; In the event that the contract is not performed, the deposit must be returned in the original amount, regardless of whether the paying party breaches the contract or the receiving party breaches the contract. The deposit is different, when the contract is performed, whether the deposit is recovered or offset against the price shall be determined according to the agreement of the parties, and shall not necessarily be offset against the price; In the case of non-performance of the contract, the party who paid the deposit does not perform the debt, has no right to demand the return of the deposit, and if the party receiving the deposit fails to perform the debt, the deposit shall be returned double.

It can be seen from this that although there is only one word difference between "deposit" and "deposit", the nature of the two is fundamentally different, but the legal effect is also very different, and the parties should pay attention to it when signing the contract.

Deposit: refundable, it is an advance payment, and if the transaction is unsuccessful, it can be pushed to the buyer within the specified time.

At present, China's law does not clearly stipulate that it does not have the nature of guarantee as a deposit, and can be regarded as an "advance payment", when the contract cannot be performed, in addition to force majeure, it should bear the liability for breach of contract according to the fault of both parties. After the opening, in order to explore the market situation and the sincerity of the customer, the developer will ask the buyer to pay the subscription fund, and if the transaction is not reached after the opening, the subscription money can be returned to the buyer within the specified time, and the subscription money here is the concept of "deposit".

Deposit: non-refundable, if the buyer cancels the transaction, the developer will confiscate the deposit; If the developer defaults, the buyer will be compensated twice as much.

If the parties agree that one party will pay a certain amount of money to the other party as security for the creditor's rights, it is a legal form of security, the purpose of which is to induce the debtor to perform the debt and ensure that the creditor's bond can be realized. The deposit must be agreed in writing, and the amount of the deposit and the time limit for payment should be agreed upon. If the party paying the deposit fails to fulfill its obligations, it is not entitled to demand a refund of the deposit from the other party.

If the party receiving the deposit fails to fulfill the debt, it will have to return the debt to the other party in double.

After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement. In the process of buying a house, the fee paid after signing the subscription contract belongs to the concept of "deposit", and the deposit will not be refunded once the buyer defaults.

But not all "deposits" are non-refundable. Article 22 of China's "Measures for the Administration of Commodity Housing Sales" stipulates that if the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money.

Therefore, if the commercial house does not meet the sales conditions, and the buyer has already paid the "deposit", then the developer should unconditionally refund the deposit to the buyer, regardless of whether the parties have agreed on the return of the "deposit".

As for the fundraising aspect, you can check out the link below.

The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

According to the provisions of the Contract Law and the Guarantee Law, the main differences between a deposit and a deposit are as follows:

1. The deposit is in the nature of a guarantee; The deposit is not guaranteed, but only an advance payment or advance payment (with risk).

2. The deposit contract is a subordinate contract of the main contract, and the failure of the deposit contract to be established or take effect does not affect the validity of the main contract; The deposit contract is part of the main contract, and if the deposit should be paid according to the agreement but is not delivered, the main contract is not established.

3. The legal consequences of a deposit are different from a deposit. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double, and the deposit penalty shall apply.

If the party who pays or accepts the deposit fails to perform its contractual obligations, the consequences of losing or returning the deposit in double shall not occur, and the deposit can only be used as an advance payment or compensation for losses.

Do you know the difference between a deposit and a deposit?

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

Teach you the difference between a deposit and a deposit.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.