What is the difference between a deposit and a deposit?

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.

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 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.

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

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.

What is the difference between a deposit and a deposit?

Legal analysis: The so-called deposit refers to the money or its substitutes paid by one of the parties to the contract in advance to the other party at the time of the conclusion of the contract or before the performance of the contract according to a certain proportion (not more than 20%) of the subject amount of the contract in accordance with the provisions of the law or the agreement of both parties. The deposit contract is subordinate to the main contract, and the premise of its formation is that the main contract has been established and effective.

The deposit is only a payment in the nature of an advance payment, not a deposit, but a unilateral act, and does not have an obvious guarantee nature. In the event that one of the parties to the delivery and receipt of the deposit fails to perform its contractual obligations, the loss or double return of the advance payment shall not occur, and the deposit shall only be used as damages.

Legal basis: Article 586 of the Civil Code of the People's Republic of China 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 have the effect of 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.

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.

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

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.

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

The differences between a deposit and a deposit are: 1. Definition difference The deposit is the money paid for the reservation, which is a means of payment for the parties, which is only a unilateral act and does not have an obvious guarantee nature. 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. Difference in substance The deposit is not guaranteed and has no legal effect; The deposit is guaranteed and has legal effect. The validity of the deposit depends on the agreement of the parties, and if there is no agreement between the parties, the full amount can be refunded; The validity of the deposit depends on the agreement of both parties, and must be agreed in writing, which has legal effect and cannot be refunded under normal circumstances.

3. The difference between the refunded funds The deposit can be returned through the coordination of both parties. The deposit can only be refunded in the case of incomplete qualifications of the developer, breach of contract by the developer, and irregularities in the subscription contract signed. Fourth, the difference between the handling of breach of contract There is no direct legal provision on the deposit, and it is generally regarded as an advance payment in judicial practice, and if there is a breach of contract, there will be no legal consequences of being directly confiscated or needing to be doubled, and the breaching party can bear the liability for breach of contract according to the actual situation and the fault of all parties.

The deposit is a written agreement that one party will pay a certain amount of money to the other party as a contractual guarantee, and its purpose is to ensure that the parties enter into a contract or urge the contractual obligor to perform its obligations, and to ensure that the rights of the right holder can be realized. If the party paying the deposit fails to fulfill its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill its obligations, it is required to return double the deposit to the other party. Legal basis: Article 89 of the Guarantee Law stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights.

After the debtor performs the debt, the deposit shall be offset against the price or recovered. 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, it shall return the deposit twice.

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.

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