What is the difference between a deposit and a deposit in a contract?

Teach you the difference between a deposit and a deposit.

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

When buying a house, be sure to distinguish 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.

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.

1. Deposit: refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, which is a legal form of security, with the purpose of prompting the debtor to perform its debts and ensuring that the creditor's claims can be realized. A deposit is a normative legal concept.

2. When signing the contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed.

3. According to the provisions of the Guarantee Law, if the party paying the deposit fails to perform its obligations, it has no right to require the other party to return the deposit; If the party receiving the deposit fails to meet its obligations, it is required to return double the deposit to the other party. After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement. The Guarantee Law also provides:

The deposit shall be agreed in writing and shall not exceed 20% of the amount of the subject matter of the main contract. Once the parties have agreed on the deposit in writing and actually paid the deposit, the corresponding legal consequences will arise.

4. As for "deposit", there is no clear provision in China's laws at present, and it is a non-standard legal term, which does not have the nature of guarantee as a deposit, and is generally regarded as "advance payment" in trial practice.

5. Article 118 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China stipulates that: "If a party pays a lien, a guarantee, a security deposit, a contract deposit, a deposit or a deposit, etc., but does not agree on the nature of the deposit, the people's court shall not support the party's claim for the right to the deposit".

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

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.

It is a type of guarantee. The establishment of the deposit is based on the deposit contract, which is subordinate to the main contract. The deposit penalty is only one of the contents of the main contract, which is not punitive, and can be confiscated or doubled back when one party breaches the contract.

If the sales contract is not concluded in the end, the deposit shall be returned to the deposit to guarantee the performance 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.

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.

Friends who have just started a business or want to start a business should pay attention. In the process of working with others, we often receive a deposit or an advance payment. It is very particular whether this money should be written as a "deposit" or a "deposit" in the contract, because there is a world of difference between one word!

How to distinguish between a deposit and a deposit?

Legal Analysis: The difference between a deposit and a deposit is:

1. Defining differences.

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. Differences 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 consent of both parties, and must be agreed in writing, which has legal effect and is generally non-refundable.

3. Difference in Refund of Funds.

The deposit can be refunded through mutual agreement.

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.

4. Differences in the handling of breach of contract.

There is no direct legal provision for 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 the need to return double, and the breaching party may be held liable 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 obligee 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 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.

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 a deposit and a deposit is as follows: 1. Definition: The difference is that the deposit is the money paid for the reservation, which 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. 2. The substance difference is that the deposit has no guarantee nature and does not have legal effect; The deposit is guaranteed and has legal effect.

3. The deposit for the refund of funds can be returned through the coordination of both parties; The deposit is only refundable if the other party defaults. 4. There is no direct legal provision for the difference between the deposit for breach of contract, and in case of breach of contract, the breaching party can be made liable for breach of contract according to the actual situation and the fault of all parties; However, if the party paying the deposit fails to fulfill its obligations, it has no right to demand the other party to return the deposit, and the party receiving the deposit shall return the deposit to the other party twice as much if it fails to fulfill its obligations. 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 obligatory rights.

The deposit contract is concluded when the deposit is actually paid.

There are four differences between the deposit and the deposit in the contract: 1. The nature is different. The deposit is a legal concept, and the deposit is just a customary term, not a legal concept; 2. The functions are different.

The deposit is only in the nature of an advance payment, and does not have the function of guaranteeing the signing and performance of the contract. The deposit can provide security for the establishment and performance of the debt through the deposit penalty; 3. The legal consequences are different; 4. The amount limit is different.

[Legal basis].

Civil Code of the People's Republic of China Article 586 [Deposit Guarantee] 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.