What is a deposit contract and how to deal with a deposit contract dispute?

I don't have the money right now, can I get it back?

Legal analysis: The deposit contract is a contract in which both parties agree on the deposit, and the deposit contract is not a well-known contract. According to the provisions 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.

Legal basis: Civil Code of the People's Republic of China

Article 586:The parties may agree that one party shall pay a deposit to the other party as security for the obligatory 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 subject to the effect of the 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.

Legal analysis: A deposit contract is a kind of guarantee contract in which the parties to the contract sign a certain amount of money paid in advance to the other party from the contract in order to ensure the performance of the main contract, and the deposit shall be recovered or offset as the price after the debtor performs the debt. In the deposit contract, 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 debts of the covenant, the deposit shall be returned double.

According to the provisions of China's Contract Law, the parties can resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement.

Legal basis: Article 115 of the Civil Code of the People's Republic of China The parties may, in accordance with the Security Law of the People's Republic of China, stipulate 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 fixed delay shall be offset against the price or recovered.

If the party who pays 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.

Deposit contract disputes can be handled through negotiation, mediation, arbitration, and litigation.

1. Negotiation. It is best for the parties to a contract to settle their disputes through mutual agreement on an amicable basis.

2. Mediation. If the parties to the contract cannot reach a consensus through negotiation, they may request mediation by the relevant institutions, for example, if one or both parties are state-owned enterprises, they may request the higher authorities to mediate. The higher-level intelligence travel customs should distinguish between right and wrong on the basis of equality and conduct mediation, and cannot carry out administrative intervention.

The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation.

3. Arbitration. If the parties to the contract fail to reach an agreement through negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration in accordance with the arbitration clause stipulated in the contract or the arbitration agreement reached between the two parties after the dispute arises.

4. Litigation. If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract may sue the contract dispute to the Fa Nai Meng Court for judicial settlement. In addition to the general characteristics mentioned above, some contracts also have a voluntary characteristic, such as foreign-related contract disputes, which may be resolved by invoking foreign law rather than the relevant Chinese contract law.

1. How to determine the competent court for contract disputes.

1. Where there is an agreed jurisdiction, it shall be handled in accordance with the agreed jurisdiction, but the agreed jurisdiction shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

2. Where there is no agreement on jurisdiction, the defendant's domicile or place of performance of the contract shall generally be under the jurisdiction of the defendant's place of residence.

3. There are many types of contracts, and the explanation on Changbi is only for general contracts. For other types of contract disputes, there is also a need for a case-by-case analysis.

2. How long is the statute of limitations for disputes over the validity of a contract.

The statute of limitations for disputes over the validity of a contract is three years.

The statute of limitations for litigation or arbitration is the legal time limit for the right holder to request the court or arbitration institution to resolve the dispute and protect its rights and interests to file a lawsuit or apply for arbitration. The purpose of the statute of limitations stipulated by law is to encourage the parties to exercise their rights as soon as possible and resolve disputes between the parties as soon as possible.

In accordance with the provisions of the Civil Code, the statute of limitations for general contract disputes is 3 years, and for several types of special disputes, such as disputes over late payment or refusal to pay rent in the lease contract, and disputes over the loss or damage of deposited objects in the custody contract, the statute of limitations is one year.

Legal analysis: According to the law, 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 debts set by the state bank, the deposit shall be returned double. At the same time, the deposit shall be agreed in writing. The parties shall stipulate in the deposit contract the time limit for the payment of the deposit.

Therefore, if the contract does not stipulate this matter, then the deposit contract is defective and can be defended on this basis. In addition, the legal basis: the deposit contract is effective from the date of actual payment of the deposit.

The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. It can be seen from this that the amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract, and if this proportion is exceeded, the people's court will not support it. In the event of a deposit dispute, it is recommended to keep the corresponding contract, payment voucher, and evidence of the other party's breach of contract, and submit it to the people's court for rights protection.

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 the debt or the performance of the debt with the wheel does not conform to the agreement, resulting in the failure 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.

A deposit contract is a contract in which the parties agree that one party will pay a certain amount of money to the other party in order to guarantee the realization of the claim. The method of handling disputes over deposit contracts is through mutual negotiation between the parties; apply for arbitration pursuant to an arbitration agreement; or file a lawsuit in court in accordance with the law.

[Legal basis].

Article 580 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.

Article 587.

If the debtor performs its obligations, 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 the debt in this state or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double.

Article 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.