What do deposits and deposits mean, respectively

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

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

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.

Teach you the difference between a deposit and a deposit.

Do you know 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.

2010-01-07 14:19 Deposit is non-refundable; The deposit is refundable! Deposit Related Legal Provisions Guarantee Law Chapter VI Deposit Article 89 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. Article 90 The deposit shall be agreed upon in writing.

The parties shall stipulate in the deposit contract the time limit for the payment of the deposit. The deposit contract is effective from the date of actual payment of the deposit. Article 91 The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

Interpretation of the Security Law》 VI. Interpretation of the Deposit Part Article 115 Where the parties agree to pay the deposit as security for the conclusion of the main contract, and the party who paid the deposit refuses to conclude the main contract, it shall not have the right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit. Article 116 Where the parties agree to make the payment of a deposit a condition for the formation or effectiveness of the main contract, and the party paying the deposit fails to pay the deposit, but the main contract has already been performed or the main part has been performed, it does not affect the formation or effectiveness of the main contract. Article 117 After the deposit is paid, the party who pays the deposit may terminate the main contract at the cost of losing the deposit in accordance with the contract, and the party receiving the deposit may terminate the main contract at the cost of returning the deposit double.

The provisions of the Contract Law of the People's Republic of China shall apply to the handling of liabilities after the termination of the main contract. Article 118:Where parties pay retention money, guarantee money, security deposits, contract money, deposits, or deposits, but do not agree on the nature of the deposit, the people's courts will not support the parties' claim for the right to the deposit. Article 119: Where the actual amount of deposit paid is more or less than the agreed amount, it shall be deemed to have changed the deposit contract; If the party receiving the deposit raises an objection and refuses to accept the deposit, the deposit contract shall not take effect.

Article 120 Where the purpose of the contract cannot be achieved due to the delay in performance or other breach of contract by one of the parties, the deposit penalty may be applied. Except as otherwise provided by law or otherwise agreed by the parties. If one of the parties does not fully perform the contract, the deposit penalty shall be applied in accordance with the proportion of the unperformed part in the agreed content of the contract.

Article 121: Where the amount of the deposit agreed upon by the parties exceeds 20% of the amount of the subject matter of the main contract, the people's court will not support the excess. Article 122 Where the main contract cannot be performed due to force majeure or accidents, the deposit penalty shall not apply. If the main contract cannot be performed due to the fault of a third party outside the contractual relationship, the deposit penalty shall apply.

The party who is subject to the penalty of the deposit may recover from the third party in accordance with law.

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!

A deposit means a certain amount of money paid as security before the conclusion of a contract or the performance of a contract. The deposit means that the money paid for the reservation is a means of payment for the parties, which is only a unilateral act and does not have an obvious guarantee nature.

1. The difference between the deposit and the deposit Which can be refunded.

Deposit refers to the money or substitutes paid by one of the parties to the contract in advance to the other party at the time of the conclusion of the contract or before the performance of the contract subject matter according to a certain proportion (not more than 20) of the subject matter of the contract in accordance with the provisions of the law or the agreement of both parties in order to ensure the performance of the contract. It is a certain amount of money as security for a claim, and it is a legal form of security. If the party paying the deposit fails to perform its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill the debt, the debt will be doubled 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 deposit is not clear and irregular in law, and is generally regarded as an advance payment in trial practice, even if it is recognized as a performance guarantee, this guarantee is unilateral, and it only binds the payer, that is, the guarantee of the payer to the recipient. If the recipient breaches the contract, the original deposit can only be refunded, and no double refund will be obtained; If the payer breaches the contract, the recipient will use the deposit as compensation or liquidated damages for various reasons and will not be refunded.

The deposit is non-refundable and the deposit is refundable.

2. Is the deposit contract the same as the purchase contract?

No. Both types of contracts are legally binding, but the purchase deposit contract and the purchase contract are not the same. A deposit is a form of security in which a certain amount of money is paid as security before the conclusion of a contract or its performance.

The party who pays the deposit is called the party who pays the deposit, and the party who receives the deposit is called the party who receives the deposit. The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the sale and purchase of commercial housing on the basis of equality, voluntariness and consensus.

3. Can the deposit be refunded with only one receipt?

Refundable, deposit, according to the current laws of our country, it does not have the nature of a deposit, but only a bright or unilateral act, and does not have an obvious guarantee nature. Where the party who paid the deposit claims the right to the deposit, the people's court will not support it. In general, the deposit is regarded as an advance payment.

After receiving the deposit, the seller will give the buyer a receipt. After the transaction between the two parties is successful, the deposit will be used as the house payment, and if the transaction is not completed, the deposit will be refunded to the buyer.

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 paid is more or less than the amount set by the appointment, it shall be deemed to have changed the agreed amount of the deposit.

The difference between a deposit and a deposit is as follows:

1. The definitions of the two are different. A deposit is the payment of a certain amount of money as security before the contract is concluded, also known as a security deposit. For example, when we buy a car, we usually need to pay a deposit of several thousand yuan, and if the buyer does not regret not buying the relevant vehicle, the deposit will not be returned.

If the seller does not perform within the stipulated time, the buyer can be compensated for double the amount of the deposit.

The deposit is only a unilateral act and does not have an obvious guarantee nature, and the people's court will not support it, and the buyer's payment of the deposit will usually be regarded as the advance payment, and neither the buyer nor the seller will fail to perform the contract, and the deposit paid can be returned.

2. The scope of application of the two is different. The deposit guarantee method is suitable for a wide variety of contracts. The deposit is applicable to the contract of one party to perform the debt, and this kind of contract is paid in money, which can be a lease contract, a contract of contract, etc.

3. The roles of the two are different. After the deposit is paid, it will play a role in sanctioning the defaulting party and provide economic compensation to the non-breaching party. The deposit is after it has been paid, and if one of the parties to the contract breaches the contract, which eventually leads to the termination of the contract, then the party who received the deposit needs to refund the deposit to the paying party.

4. The amount charged is different. The amount of the deposit needs to be agreed by the parties, but it cannot exceed the provisions of the law, that is, 20% of the subject matter of the contract, and the amount exceeding the specified amount does not have the effect of a deposit. The deposit is also agreed by both parties, and there are no strict regulations.

5. The functions of the two are different. The deposit has the function of guaranteeing the performance of the contract, while the deposit does not have the function of guaranteeing. If the deposit recipient breaches the contract, it needs to compensate double the amount of the deposit, and the deposit can be returned directly.

The above is the difference between the deposit and the deposit, the deposit cannot be refunded, and the deposit can be refunded, if the deposit recipient defaults, the deposit must be compensated double the amount of the deposit, and the deposit can be refunded directly in full. In addition, the deposit shall not exceed 20% of the subject matter of the contract**.

The difference between a deposit and a deposit is manifested in the following aspects:

1. The basic legal relationship between the two is different, the deposit contract is a subordinate contract relative to the main contract, unless the parties have a special agreement, and the main contract is invalid, the deposit contract is also invalid; The agreement of the parties on the deposit is an integral part of the main contract.

2. The functions of the two are different; The deposit does not have the function of guaranteeing the debt, and its function is to provide certain financial support for the performance of the debt by one party. The payment of the deposit itself is an act of performance of the obligations of the party paying the deposit.

3. The roles of the two are different. Once the deposit is paid, it will play the role of sanctioning the breaching party and compensating the non-breaching party; After the deposit is paid, if one party breaches the contract and the contract is terminated, the party receiving the deposit must return the deposit in full.

4. The scope of application of the two is different; The deposit guarantee method can be applied to various contracts; The deposit is only applicable to contracts in which the payment of money is the performance of a party's obligations, and is mostly found in famous contracts such as sales contracts, lease contracts, and contract contracts.

Dear, hello <>, I am happy to answer for you, the difference between the deposit and the deposit is: 1. The xing quality of the two is different. A deposit is a legal concept, while a deposit is just a customary term, not a legal concept.

2. The functions of the two are different. The deposit only has the quality of advance payment, and does not have the function of guaranteeing the signing and performance of the contract. The deposit can provide security for the creation of the debt and the performance of the debt through the deposit penalty.

3. The legal consequences of the two are different. Legal basis: Article 587 of the Civil Code 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. <>