What should I do if the other party breaches the contract after paying the deposit?

1. How to deal with the other party's breach of contract after paying the deposit?

1.The handling of the default of the other party who paid the deposit is as follows:

1) Negotiate to require the other party to continue to perform its obligations in accordance with the signed contract;

2) If the other party fails to perform, it can claim compensation at one time of the deposit, and the specific situation can be determined according to the signing of the contract;

3) If the other party does not refund the liquidated damages, you can negotiate a refund. If the negotiation fails, it may apply for arbitration or file a lawsuit with the court for confirmation.

2.Legal basis: Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Article 585.

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses caused by the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; Where 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 the delay in the performance of liquidated damages, the defaulting party shall also perform the debt after paying the liquidated damages.

If you pay a deposit, and the other party has given you a slip marked as a deposit. When the other party fails to perform the agreement, then the other party is in breach of contract, and the other party must perform the liability for breach of contract in accordance with your agreement.

If the specific compensation standard for breach of contract is not marked, then you can claim the other party according to the compensation method for breach of deposit, in addition to the need to return your deposit, you must also follow itRefund one and pay oneof the rules are executed.

The two of you can negotiate the specifics, and you can pick it up if the negotiation failsLegal **Fight a lawsuit to get justice for yourself.

The handling of default after receiving the deposit is as follows:

If the defaulting party receives the deposit, the deposit shall be refunded twice;

If the party paying the deposit defaults, the deposit will not be refunded. According to the relevant provisions, if the debtor performs the debt, the deposit shall be used as the price. If the party paying the deposit fails to perform the debt agreement and cannot achieve the purpose of the contract, it has no right to demand the return of the deposit;

If the party receiving the deposit fails to perform the debt agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned double.

1. What should I do if the company on the other side defaults after paying the deposit?

After the deposit is paid, if the company breaches the contract, it will constitute a breach of contract, and the deposit penalty can be applied to require the company to return double the deposit.

Civil Code of the People's Republic of China

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.

2. What should be paid attention to when applying the deposit penalty.

In trial practice, the following aspects should be paid attention to when applying the deposit penalty:

1. If the contract cannot be performed due to the fault of one of the parties to the contract, such as force majeure, or the contract cannot be performed due to the simultaneous performance of the right of defense, the right of uneasiness defense and the right of first performance, the deposit penalty cannot be applied at this time.

2. In the case of incomplete performance of the contract, the deposit penalty shall be applied differently. The Civil Code only mentions that the deposit penalty can be applied when a party fails to perform its obligations, but there is no provision on whether the deposit penalty can be applied when the contract is not fully performed. The deposit penalty can only be applied if the incomplete performance of the contract by one party would result in a fundamental breach of contract, which would make it impossible for the other party to achieve the purpose for which the contract was concluded.

3. In the case of breach of contract by both parties, neither party shall have the subject qualification to request the application of the deposit penalty, and the deposit penalty shall not be applied. However, there are exceptions, if one party has a material breach of contract resulting in a fundamental breach of contract, and the other party only has a minor breach of contract, in this case, the deposit penalty is not applicable, which is unfair and violates the principle of good faith.

After receiving the deposit, if the receiving party breaches the contract, the deposit shall be doubled back to the paying party; If the payer defaults, it is not entitled to a refund of the deposit. The deposit system is designed to guarantee the realization of creditor's rights, and as a form of liability for breach of contract, it is mainly reflected in the provisions of the above-mentioned law on "deposit penalties".

Legal basis] Article 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 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. (The Civil Code came into force on January 1, 2021).

After the deposit is paid, if the other party breaches the contract, the party who pays the deposit can claim that the other party bears the corresponding liability for breach of contract. Specifically, according to Article 587 of the Civil Code, if the party receiving the deposit fails to perform the agreed debt, or the performance of the debt does not conform to the contract, the deposit shall be returned twice in accordance with the provisions. Therefore, after the deposit is paid, if the other party defaults, you can ask the other party to return double the deposit.

It should be noted that the deposit contract stipulated by Chinese law is a practice contract, and the deposit contract can only be established and take effect only after both parties have paid the deposit. In other words, the deposit contract is established and effective after the party paying the deposit fulfills its obligations, and neither party can violate the contract.

If you sign a subscription contract, then this may be the other party compensates you for breach of contract, but not a lot, if you sign the full amount of the deposit, or a percentage of the purchase contract, then the loss is a little more.

If the deposit is breached after payment, the deposit will not be returned.

According to the first paragraph of Article 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.

Article 587 stipulates that if 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.

Legal basis: Paragraph 1 of Article 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.

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 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.

If you pay the deposit, if the other party breaches the contract, you have to prepare some materials, you can directly apply to the court to appeal to him, you have the right to this, for example, the record of your transfer, and the IOU you have and the fingerprints of your signatures on both sides, collect all these evidence, no matter how he quibbles, always take the initiative on your side is very solid, you don't have to be afraid, as long as he finds all the evidence, you can sue him.

If the other party breaches the contract after paying the deposit, it is also necessary to investigate the liability for breach of contract, if the party who pays the deposit is in default, it cannot ask for the return of the deposit, and if the recipient breaches the contract, it can request the return of double the deposit, which can be determined according to the signing of the contract. If the other party does not return the deposit for breach of contract, it can be returned through negotiation, and if it cannot reach an agreement through negotiation, it can apply for arbitration or sue the court for determination.

Legal analysisThe 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.

If the other party does not return the deposit for breach of contract, it can negotiate to require the other party to return it, and if it cannot be negotiated, it can file a lawsuit with the court for handling, and the specific circumstances can be determined according to the following procedures: 1Negotiation, in which the parties to a contract resolve their disputes through mutual negotiation on an amicable basis, is the best way.

2.Mediation, if the parties to the contract cannot reach a consensus through negotiation, they can request the relevant institutions to mediate, for example, if one or both parties are state-owned enterprises, they can request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention.

The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation. 3.In arbitration, if the parties to the contract fail to reach 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 can sue the contract dispute to the 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.

Legal basisArticle 580 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually impossible to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time. Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

According to the Contract Law, if the party receiving the deposit breaches the contract, it shall be refunded double. "Should" means mandatory.

If you can't make up for your loss, you can provide evidence and pay additional compensation.

1. Personally, I think.

It is not cost-effective to fight a lawsuit, whether it is in terms of time or money, what is written in the contract is a deposit, not a deposit, and it is impossible to claim a double return;

2. It is recommended that you do not accept the termination of the contract, do not accept the money returned by him, ask him to hand over the car, and at the same time you can complain to the consumer association.

Legal Analysis: Conditions for requiring the defaulting party to return double the deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China provides that if 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 does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it has no 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 or delayed.

1. How to deal with the breach of contract by the other party after paying the deposit.

1. The handling method of the other party's breach of contract after paying the deposit is as follows:

1) Negotiate and require the other party to continue to perform its obligations in accordance with the signed contract;

2) If the other party fails to perform, it can request compensation according to double the deposit, and in specific cases, it can be determined according to the signing of the contract;

3) If the other party does not refund the deposit for breach of contract, it can negotiate to return the reputation, and if it cannot reach an agreement through negotiation, it can apply for arbitration or sue the court for determination.

2. Legal basis: Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the damage that the breaching party foresaw or should have foreseen at the time of entering into the contract.

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; Where 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.

2. How to resolve contract disputes.

1. Settlement refers to the way in which the parties can negotiate again and reach an agreement on the disputed matters on the basis of respecting the interests of both parties, so as to resolve the dispute;

2. Mediation refers to the settlement of contract disputes between the parties through the use of persuasion and education under the auspices of a third party;

3. Arbitration; 4. Litigation means that after the occurrence of a contract dispute, if the parties do not have an arbitration agreement, either party may file a civil lawsuit with the people's court and request the people's court to deal with the contract dispute in accordance with the law.