The wedding deposit has been paid, but the contract is not clear, can the deposit be refunded?

Updated on society 2024-03-28
9 answers
  1. Anonymous users2024-02-07

    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.

    According to your description, the deposit is non-refundable. If the content of the contract is not clear, it may be supplemented with provisions. According to the provisions of the Contract Law, the deposit can only be refunded if the other party breaches the contract, and the merchant needs to return double the deposit as a punishment.

  2. Anonymous users2024-02-06

    If it's a cultural media company, there's nothing wrong with it, if you're looking for the right company, then their level of wedding is much higher than that of ordinary weddings. My friend's marriage is set to be a cultural media called Walking Yuntian, but they have a separate celebration department to do, you can find his home on the Internet**, because it is a media company, so there is much more innovation in stage lighting props than the general wedding company, the key depends on which media company you choose to focus on what business, as I just said there is no problem in focusing on the party venue. In terms of venue layout, the general wedding company is also more general, because the wedding things are just so, you can carefully finalize it with them, and choose the ** you like the style.

    If they don't take you seriously, you want them to quit, after all, don't quit repeatedly when you get married, and it takes energy to choose again, but if their family is really not satisfying you, quit early.

  3. Anonymous users2024-02-05

    Negotiate with the wedding company, if you want to return the full amount, it is estimated that it is impossible to refund most of it.

  4. Anonymous users2024-02-04

    If it's a cultural communication company, there's nothing to be afraid of. Because wedding companies will want to be big.

    It is. The content of the contract is not quite right. You can talk to him about it. Let's take a closer look.

    Guangzhou Roman Garden Wedding Planning.

  5. Anonymous users2024-02-03

    Legal analysis: 1. If the two parties have negotiated on the content of the contract but cannot reach an agreement after paying the deposit, resulting in the failure of the contract, the deposit penalty shall not be applied.

    2. If one party fails to negotiate within the agreed time limit or changes the contents of the subscription letter without reason, resulting in the failure to conclude the sales contract, the deposit penalty shall apply.

    3. If one party has a legitimate reason due to force majeure, unexpected events or policy adjustments, the deposit penalty shall not apply.

    Legal basis: Hong Yanshen: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay the other party a deposit for the loss 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, the jujube shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not produce 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.

  6. Anonymous users2024-02-02

    If you have not signed a contract, you can negotiate with the hotel to refund the deposit, and in addition, you should see what the reason for the cancellation of the wedding banquet is, if the couple asks for the cancellation themselves, then the possibility of a refund in this case is not very large. On the other hand, if the wedding is cancelled due to the hotel's own reasons, then this situation should be refunded. If the parties have an agreement on the return of the deposit in the contract, the agreement shall be followed.

    If there is no agreement, the parties may negotiate in advance, and the wedding boss may be required to return the deposit by consensus. If the negotiation is inconsistent, if the purpose of the contract cannot be realized due to the fault of the wedding boss, a lawsuit can be filed with the people's court to require it to return double the deposit.

    1. Precautions for paying a deposit when buying a house:

    1. The deposit clause is not mandatory, it is only instructive, and the consumer can decide whether to enter into the deposit clause according to law;

    2. The specific circumstances of non-performance of the contract shall be indicated in the deposit clause;

    3. Although the deposit clause has been concluded, the contract will only take effect after the consumer has paid the deposit;

    4. It is necessary to distinguish the difference between the deposit and the advance payment, the advance payment is the advance payment, but the advance payment cannot be applied to the penalty of the deposit.

    Second, the deposit and deposit area:

    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.

    Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, 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.

  7. Anonymous users2024-02-01

    Summary. Hello dear dear, happy to answer your questions <>

    In general, it is non-refundable, unless the wedding company defaults, in which case you can ask for a double refund of the deposit. Article 115 of the General Principles of the Civil Law: Where the parties agree to pay a deposit as security for the conclusion of the main contract, and the party paying the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit. Article 116 Where the parties agree to make the payment of a deposit a condition for the formation or effectiveness of the main contract, and the party paying the deposit fails to pay the deposit, but the main contract has already been performed or the main part has been performed, it does not affect the formation or effectiveness of the main contract.

    Article 117 After the deposit is paid, the party who pays the deposit may terminate the main contract at the cost of losing the deposit in accordance with the contract, and the party receiving the deposit may terminate the main contract at the cost of returning the deposit double. The provisions of the Contract Law of the People's Republic of China shall apply to the handling of liabilities after the termination of the main contract.

    The wedding company has paid the deposit, and if you are not satisfied, can you refund it?

    Hello dear dear, happy to answer your questions <>

    In general, it is non-refundable, unless the wedding company defaults, in which case you can ask for a double refund of the deposit. Article 115 of the General Principles of the Civil Law Where the parties agree to pay a deposit as security for the conclusion of the main contract, and the party who paid the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit. Article 116 Where the parties agree to make the payment of a deposit a condition for the formation or effectiveness of the main contract, and the party paying the deposit fails to pay the deposit, but the main contract has been performed or the main part has been performed, it shall not affect the formation or effectiveness of the main field empty foot contract.

    Article 117 After the deposit is paid, the party who pays the deposit may terminate the main contract at the cost of losing the deposit in accordance with the contract, and the party receiving the deposit may terminate the main contract at the cost of returning the deposit double. The provisions of the Contract Law of the People's Republic of China shall apply to the handling of liabilities after the termination of the main contract.

    I hope mine is helpful to you, I wish you a happy life, and I look forward to your praise <>

    The deposit cannot be refunded, that is to say, once the agreement is reached and the contract is signed, then once the deposit is paid, it cannot be refunded, even if there is a reversal in the transaction process.

    Does it work to call 12315.

    If the deposit is not refundable, it is not possible to call 12315 to complain about the elimination of the previous example, and the deposit itself has a non-refundable legal right. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform the debt of repentance, 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.

    You can see whether it is a deposit or a deposit, and the deposit is refundable <>

    It's a deposit. The deposit is non-refundable if you breach the contract, unless the other party is <> fraudulent in the contract

  8. Anonymous users2024-01-31

    Legal analysis: After the engagement, the marriage deposit can generally be refunded, but there are preconditions, that is, if the two parties have not gone through the marriage registration procedures, the two parties have gone through the marriage registration procedures but have not lived together, and the pre-marital payment has caused the payor to have difficulties in life.

    Legal basis: Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but do not live together; (3) Premarital payments that cause hardship to the payor.

    The provisions of items 2 and 3 of the preceding paragraph shall be applied, and the divorce of both parties shall be used as the type of unconditional.

    Article 4 of the Regulations on Marriage Registration When a Mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to complete the marriage registration. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident's permanent residence is located.

  9. Anonymous users2024-01-30

    1. If the engagement gives a deposit, if the marriage deposit is not refunded?

    1. You can return it. However, if there are preconditions, that is, if the two parties have not gone through the marriage registration formalities and matching, the two parties have gone through the marriage registration formalities but have not lived together, and the pre-marital payment has caused the payor to have difficulties in life, the refund can be made.

    2. Legal basis: Article 5 of the Civil Code of the People's Republic of China.

    Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply:

    1) The parties have not gone through the marriage registration formalities;

    (2) The parties have gone through the marriage registration formalities but do not live together;

    (3) Premarital payments that cause hardship to the payor. The application of the provisions of items 2 and 3 above shall be conditional on the divorce of both parties.

    2. How to return the wedding bride price after the engagement.

    1. There are three situations in which you can request a return:

    1) The parties have not gone through the marriage registration formalities;

    2) Although they have gone through the marriage registration formalities, they do not live together;

    3) The gift money is paid before marriage, and the act of payment causes hardship to the giver.

    2. It is true that the two parties have not gone through the marriage registration procedures, even if they have already cohabited together in a closed house, the gift money can still be returned, or even fully returned;

    3. The relevant laws and regulations provide that if a party requests the return of the bride price paid in accordance with custom, if it is ascertained that the two parties have not gone through the marriage registration formalities, the people's court shall support it. Although the parties are engaged but have not gone through the marriage registration formalities, and the marriage contract is dissolved after the two break up, the donee shall return the gift to the donor in accordance with the law. Therefore, if the man asks the woman to return the engagement money and property, the woman should return it.

    If the other party refuses to return it, the husband can file a lawsuit with the local court in the name of the marriage contract property dispute.

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