Which deposit or deposit can be refunded and which cannot be refunded

The deposit is non-refundable and the deposit is refundable. The general principle is that the deposit can be refunded, the deposit cannot be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contractual obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double. 1. At present, the concept of deposit is not clear in China's law, but in China's judicial trial practice, the deposit is generally regarded as an advance payment.

To put it simply, no matter how much you deposit to the other party, even if you breach the contract, the other party will return it to you, so if the signed agreement is written as a deposit, then you don't have to worry, the money will definitely be returned. 2. Article 586 of the Civil Code (in force) [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. To put it simply, it is the deposit agreement you signed with the other party, if you do not fulfill the contract, then the other party can directly confiscate your deposit, and if the other party does not fulfill the agreement, then he will return double the deposit to you, so be cautious when signing the deposit contract.

First, understand the difference between the concept of "deposit" and "deposit". The deposit is certain, and the deposit is only the intention money; The biggest difference between the two is that after the deposit is paid, the buyer cannot apply for a return, and the seller must return double if he cannot fulfill it; There is no such restriction on the deposit, the buyer can ask for a refund, and the seller can only return the deposit if he cannot fulfill it. Therefore, you have to take out the slip to see what it says, and the expert reminds consumers not to take the deposit as a deposit.

Deposit ≠ Deposit Which can be refunded deposit or deposit Deposit ≠ deposit.

Legal analysis: if the deposit is refundable, the deposit cannot be refunded. There are two situations in which the "deposit" is used:

First, when the contract is performed normally, the deposit is used as the price. Second, when the contract cannot be performed normally, the deposit will be used as a penalty. There is no strict definition of "deposit" in law, and from the literal understanding, the meaning of "reservation" is the meaning of making and booking.

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 who pays the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure 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.

Deposit≠ Deposit Deposit to be hidden and deposited which pure pure hall can refund the deposit≠ pants source deposit.

Deposit and deposit are two very different words, the former being a legal term and the latter not. The use of the word "two and two" in life is frequent, but there are still many people who can't distinguish it correctly.

1. Which deposit or deposit can be refunded?

1. 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 deposit is in default, and the recipient can claim non-return of the deposit, and if the recipient defaults, the delivering party can claim to return 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.

If the recipient breaches the contract, the original deposit can only be refunded, and the recipient may not refund the deposit as compensation or liquidated damages for various reasons.

2. Legal basis: Article 587 of the Civil Code of the People's Republic of China.

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.

Article 588.

When the party agrees on both liquidated damages and a deposit, and one party breaches the contract, the other party can choose to apply the liquidated damages or 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.

Article 589.

If the debtor performs the debt in accordance with the agreement and the creditor refuses to accept it without justifiable reasons, the debtor may request the creditor to compensate for the increased expenses.

The debtor is not required to pay interest during the delay in receipt by creditors.

Second, when buying something, the deposit amount is not refundable, and what are the prosecution procedures.

1. Filing and Acceptance When the plaintiff files a lawsuit with the court, he or she shall submit the complaint and relevant evidentiary materials, and submit a copy of the complaint and evidence according to the number of defendants. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified, and where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days, and it shall not be accepted, and where the plaintiff is not satisfied with the ruling, it may be submitted;

2. Pre-trial preparation The court shall serve the defendant with a copy of the complaint, a notice of response, a notice of litigation rights and obligations, a notice of presentation of evidence, and a summons within five days after accepting the case. After the defendant responded to the lawsuit, it served a summons on the plaintiff. While summoning both parties in accordance with the law, the court should make all kinds of preparations;

3. **Trial **During the trial, the clerk first announces the court discipline, and the judge ascertains the parties' appearance in court and asks the parties whether they apply for recusal.

The deposit can not be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contractual obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double.

Article 587 of the Civil Code of the People's Republic of China [Deposit Penalty Provisions] If the debtor is absent from performing the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform its debts or the blind party fails to perform the debts in accordance with 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.

The law stipulates that after the performance of the contract, the fixed money shall be offset or recovered, and the party who pays the deposit shall not have the right to demand the return of the deposit if it does not perform the agreed contract. In the case of a deposit, the consumer can negotiate with the operator to request a refund. The general principle is that the deposit can be refunded, but the fixed family fee cannot be refunded.

[Legal basis].Article 587 of the Civil Code provides that 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.