What is the difference between a deposit and a deposit

Hello, "deposit" is strictly defined in law, "deposit" is one of the forms of liability for breach of contract in the Contract Law, and its basic legal nature is the deposit for breach of contract, and has the nature of guaranteeing the performance of the contract. The difference between the word "deposit" and the word "deposit" is not strictly defined in law, and from the literal understanding, the meaning of "reservation" is to conclude and reserve. Consumers must be sober-minded in the process of consumption, and distinguish between "deposit" and "deposit", so as to avoid economic losses in the process of consumption.

Teach you the difference between a deposit and a deposit.

Do you know 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.

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.

The deposit has the rights and obligations conferred by law and is a form of security, while the deposit does not have these properties and is only a unilateral act. The specific differences are as follows:

01.The deposit is revocable and the deposit is irrevocableThe deposit is negotiated between the parties, and one party pays a certain amount of money in advance to ensure the performance of the debt. If the party who paid the deposit fails to perform its obligations as agreed, the other party has the right not to return the deposit.

If the party receiving the deposit fails to perform its obligations, it should return the deposit paid by the other party doubled. But the deposit is just a unilateral actThere is no certain legal guarantee, which is equivalent to an advance payment, and when one party fails to perform the debt, the other party has no right to make a claim for the deposit, which can only be regarded as damages.

02.The deposit is secured, and the deposit is not securedChapter VI of China's Guarantee Law has made clear provisions on deposits

The deposit clause in the guarantee contract is a subordinate contract, so if the main contract is invalid, the subordinate contract will also be invalid. The deposit does not have such a legal guaranteeA party who has voluntarily paid the deposit will not be upheld when claiming the right of the deposit to the people's court.

03.There is a legal concept of a deposit, whereas a deposit does notIn the process of buying and selling a house, there is a clear and regulated legal concept of depositIt is necessary to stipulate in writing that once the parties have successfully entered into a written agreement and actually paid the deposit, certain legal consequences will arise. And there are many types of deposits, such as:

Liquidated deposit and termination deposit.

The deposit is not a normative legal conceptIf the party who has accepted the deposit cannot perform its corresponding obligations, it does not need to return the deposit twice, and can only bear the corresponding liability for breach of contract as agreed.

To sum up,The concept of deposit and deposit is used in buying, selling, and renting a house, and everyone must be clear about the difference between them.

What is the difference between "deposit" and "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 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 deposit is in the nature of a high price, which is a kind of debt guarantee and requires a contract; The deposit is a means of payment and is not guaranteed.

There is no obvious difference between the two in daily life, both can be used, representing your reservation of a certain product.

The deposit is actually to give an item, which is not all, the deposit is actually accurate.

Although the deposit and deposit are paid in advance before delivery, the deposit is clear by law, but the deposit is not, and the law clearly stipulates that if the agreement is not performed, there is no right to claim the return of the deposit. However, the deposit is different and is refunded even if it is in default.

The deposit is a joint agreement between Party A and Party B, and the money given is confirmed, which means to be determined. The difference between the deposit is that the deposit is a unilateral agreement, which means advance payment.

What is the difference between a deposit and a deposit?

The amount of the answer 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.

Article 587: [Deposit Penalty] If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Define the difference. The deposit is the money paid for the reservation and is a means of payment for the parties; A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion of a contract or its performance.

Substance differences. The deposit is not guaranteed and has no legal effect; The deposit is guaranteed and has legal effect.

The difference between the return of funds and the handling of default.

The deposit is non-refundable, request

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1. Deposit.

The deposit is paid before the contract is signed, and a certain amount is paid in advance to ensure that the transaction goes smoothly. China's relevant laws stipulate that the deposit can be used as a guarantee for the creditor's rights, and once the creditor has fulfilled the debt, the deposit should be recovered or offset as the price.

However, if the creditor defaults and fails to fulfill his debts, the deposit is not entitled to be returned.

What is needed here is that if the party receiving the deposit does not fulfill its obligations as agreed, then the creditor can demand the return of double the deposit.

2. Deposit. The deposit is paid in order to obtain a right of first refusal and is generally paid when the buyer signs a provisional subscription agreement after expressing his intention to purchase to the developer. So what is the difference between a deposit and a deposit?

If both parties to the transaction perform the contract normally, the deposit will be part of the price; However, if the contract cannot be performed normally, the deposit is treated differently from the deposit, and the deposit must be returned in the original amount, regardless of the reason of which party causes the contract to not be performed normally.

The legal effect of the deposit is different from the deposit, if the paying party breaches the contract, the other party can only contribute to the liability for breach of contract according to the contract, but the deposit must also be returned; If the party who pays the deposit in accordance with the Civil Code defaults, the other party has the right not to return it, and if the other party breaches the contract, the party who paid the deposit has the right to demand double return. According to Article 586 of the Civil Code, 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.

Article 587:If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

The concept of distinguishing between a deposit and a deposit is as follows:

1. The deposit is a means of guarantee, and the deposit is a means of payment;

2. The deposit is equivalent to the liquidated damages paid in advance, and the deposit is not a punitive amount;

3. The amount of the deposit is generally not more than 20% of the total price, and there is no limit to the amount of the deposit.

Legal basisArticle 586 of the Civil Code.

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 missing contract, and the excess part shall not have the effect of a deposit.

Where the amount of the deposit actually returned for defense is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.