Definition and difference between deposit and deposit, deposit The distinction between the concept o

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.

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

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

Teach you the difference between a deposit and a deposit.

A deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract. The deposit is not a normative legal concept, in fact, it has the nature of an advance payment, which is a means of payment for the parties, and does not have the nature of security.

In a commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer does not perform the contract, he has no right to demand a return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double. China's "Guarantee Law" also stipulates that the deposit shall be agreed in writing and shall not exceed 20% of the standard amount 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. In a commercial housing transaction, if the buyer fails to perform his contractual obligations, it does not mean that he has lost the right to request a refund of the deposit; Conversely, if the developer fails to fulfill its obligations, it is not required to return double the deposit, but this does not mean that the breaching party is not liable for breach of contract.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

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?

The concept of distinguishing between a deposit and a deposit is as follows:

1. The deposit is a means of guarantee, and the deposit is a means of payment;

2. The deposit is equivalent to the liquidated damages paid in advance, and the deposit is not a punitive amount;

3. The amount of the deposit is generally not more than 20% of the total price, and there is no limit to the amount of the deposit.

Legal basisArticle 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 missing contract, and the excess part shall not have the effect of a deposit.

Where the amount of the deposit actually returned for defense is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Distinction between the concepts of deposit and deposit:

1. The deposit is a means of guarantee, and the deposit is a means of payment;

2. The deposit is equivalent to the liquidated damages paid in advance, and the deposit is not a punitive amount;

3. The amount of the deposit is generally not more than 20% of the total price, and there is no limit to the amount of the deposit.

[Legal basis for recklessness].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 2% 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 deposit paid is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.