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Anonymous users2024-02-07The deposit is refundable, but the deposit is non-refundable.
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.
According to the relevant provisions of China's current laws, the deposit does not have the nature of a deposit, but is only a unilateral act and does not have an obvious guarantee nature. In general, the deposit is regarded as an advance payment. 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.
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Anonymous users2024-02-06According to the relevant laws of our country, there is a difference between a deposit and a deposit. A deposit is a secured fund for the conclusion of a contract. If the parties agree to pay the deposit, and one party unilaterally reneges on not performing the contract, it will lose the agreed deposit.
The deposit refers to a part of the contract payment paid in advance. If both parties agree to perform the manuscript, then the deposit is a small part of the amount of the contract contract. However, if the contract is not performed, the deposit can be refunded regardless of the reason.
The difference between the two: the deposit is in the nature of a guarantee; The deposit is only an advance payment or advance payment, and is not guaranteed. The deposit contract is subordinate to the contract, and the deposit contract is subordinate to the main contract, and the validity of the deposit contract does not affect the validity of the main contract; The deposit contract is part of the main contract, and if the deposit contract is not established, the main contract will not be established.
The legal consequences are different: if the party who pays the deposit fails to perform its obligations, it will lose the right to demand the return of the deposit; If the party receiving the deposit fails to perform its debts, it shall return double the deposit, and the deposit penalty shall apply. If the party who pays or accepts the deposit fails to perform the contractual obligations, the consequences of losing or returning the deposit in double shall not occur, and the deposit can only be used as advance payment or loss compensation.
Legal basis: Article 586 of the Civil Code of the People's Republic of China provides that 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.
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.
Article 588 of the Civil Code of the People's Republic of China provides that if the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause.
If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.
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Anonymous users2024-02-05The difference between the deposit and the letter depositWhich is refundable?
The deposit is non-refundable and the deposit is refundable.
In order to ensure the performance of the debt, the two parties agree in advance to pay a certain amount of money to the other party as a guarantee. The amount of the deposit shall be agreed upon by both parties, but shall not exceed 20% of the amount of the main contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.
After the debtor performs the debt, the deposit shall be taken as 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, according to the relevant provisions of the current laws of our country, does not have the nature of a deposit, is a unilateral act, and does not have an obvious guarantee nature. The people's court will not support the right to the deposit asserted by the party who paid the deposit.
In general, a deposit payment is considered an advance payment. In the event that the party who paid and accepted the deposit fails to perform its contractual obligations, the deposit can only be used as damages without loss or double return of the advance payment.
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Anonymous users2024-02-04The deposit is non-refundable and the deposit is refundable. The nature of the deposit is that the breach of contract deposit is subject to the deposit penalty, that is, the party who pays the large judgment is in breach of contract, and the recipient can claim that the deposit will not be refunded; If the recipient defaults, the deliverer can claim a return of twice the deposit. The deposit is generally regarded as an advance payment and is recognized as a performance guarantee, which is a unilateral guarantee from the payer to the recipient.
Article 587 of the Civil Code 6868 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.
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Anonymous users2024-02-03The deposit is non-refundable and refundable. The difference between a deposit and a deposit is:
1. Different in nature;
2. The amount limit is different;
3. The legal consequences are different;
4. Different concepts: the family deposit refers to a certain amount of currency or other substitutes agreed by the parties to be paid by one party to the other party in advance before performance in order to ensure the realization of the creditor's rights. Deposit, according to the relevant provisions of China's current laws, does not have the nature of a deposit, but is only a unilateral act, and does not have an obvious guarantee nature.
Civil Code of the People's Republic of China
Article 585.
The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Teach you 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.
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