The legal provisions for double deposits and liquidated damages, double deposits and liquidated dama

Illegal. According to Article 116 of the Contract Law, if the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract.

In other words, if the non-breaching party pays the deposit, after the other party breaches the contract, the non-breaching party can choose to return the deposit twice the amount of the other party or the other party to return the deposit according to the original amount and pay the liquidated damages. You can only choose one or the other, and you can't claim both.

Liquidated damages and deposits can only be selected, and after selecting liquidated damages, you can also ask for a refund of the deposit (not double the return of the deposit). That is, the seller is required to pay a liquidated damages of 500,000 yuan and return a deposit of 200,000 yuan.

1 times the deposit will be recovered first, and then depending on the choice of liquidated damages clause or deposit clause, 1 times the liquidated damages will be charged if the liquidated damages are selected, and 1 times the deposit will be charged for the selected deposit. On the whole, it is a deposit * 1 + a penalty * 1 and a deposit * 2.

You can only choose one of the two types of liquidated damages and deposits.

Defaulters.

According to Article 115 of the Contract Law of the People's Republic of China, the parties may, in accordance with the Security Law of the People's Republic of China, agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor fulfills the debt, the deposit shall be offset against the price or **. 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.

Legal Analysis: Deposits. In case of default, the buyer shall return the deposit received and pay a penalty equal to the amount of the deposit, which is twice in total.

Legal basis: Article 5 of the Civil Code of the People's Republic of China Article 186 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 amount of the deposit actually delivered is more or less than the agreed amount, it shall be deemed to have changed the agreed deposit amount.

Liquidated damages and deposits cannot be applied at the same time, and the deposit can be doubled.

If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract. 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.

1. Since the deposit stipulated in the Civil Code is a liquidated deposit in nature and has the nature of a liquidated deposit, according to Article 588 of the Civil Code, the parties can only choose one way to apply it, and cannot use it together.

However, this article is aimed at the situation where there is both liquidated damages and deposit liability for the same breach of contract, since the deposit is divided into the contract for the establishment of the contract, the settlement of the contract, the certificate of the contract, the contract and the liquidated damage, the Civil Code only restricts the application of the liquidated damages and liquidated damages when the liquidated damages and liquidated damages coexist, therefore, if the liquidated damages and deposits agreed in the contract are for different breaches, the two liability methods can be used together when one party implements different forms of breach.

2. If the parties agree on liquidated damages and a deposit at the same time, but do not agree on the nature of the deposit, if one of the parties violates the contract and the other party claims the deposit and liquidated damages together, the court will not support it.

If the parties agree on liquidated damages and a deposit at the same time and agree on the nature of the deposit, if one of the parties breaches the contract and the other party claims the liquidated deposit and liquidated damages together based on the nature of the agreed deposit, the court will not support it; If one of the parties breaches the contract and the other party claims to terminate the contract and liquidated damages together according to the nature of the agreed deposit, the court shall support it.

3. It can be seen that, according to the provisions of the Civil Code, if there are both liquidated damages and deposit clauses in the sales contract, after the breach of contract occurs in the negotiation section, one party can only claim liquidated damages or deposits, and shall not require the other party to bear them at the same time. Normally, the non-breaching party should follow the compensation plan that is most beneficial to itself.

Legal basis

Article 586 of the Civil Code stipulates that a party may pay a deposit to the other party as security for the creditor's rights in accordance with the provisions of the Civil Code. 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 shall not have the right to claim the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

No. According to the law, the deposit clause or the liquidated damages clause cannot be used together, and the parties can only choose one of them. However, 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.

1. What should I do if the buyer rejects the signing of the purchase and sale contract?

There are two situations in which the buyer rejects the purchase and sale contract:

1. The buyer can generally regret it before signing the contract, and according to Article 141 of the Civil Code, the actor can withdraw his expression of intent;

2. If the buyer regrets signing the contract, according to the provisions of Article 577, the buyer shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to the circumstances.

According to Article 585, if the two parties agree on liquidated damages, the buyer shall pay liquidated damages, and if the liquidated damages are lower than the losses caused, the buyer may request an increase.

According to Article 587, if the parties agree on a deposit, the deposit is non-refundable to the buyer and may require a double return of the deposit.

According to Article 588, if the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party takes the breach of contract. 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.

2. Can the housing deposit and liquidated damages be borne at the same time?

The deposit and penalty cannot be applied at the same time. According to the relevant laws of China, if the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party can choose to apply the liquidated damages or deposit clauses. 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.

3. Whether the "Deposit Clause" and the "Liquidated Damages Clause" can be applied at the same time.

If the parties to the contract have agreed on both liquidated damages and deposits, if one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause, that is, the other party has the right to choose to apply the liquidated damages clause or the deposit clause, but the two cannot be used together. In reality, some parties agree on both liquidated damages and deposits in the contract, and when one party breaches the contract, the other party requires the liquidated damages and the deposit clause to be used together. Choose to apply the liquidated damages clause or the deposit clause to achieve the purpose of making up for the losses suffered due to the breach of contract; Liquidated damages are equivalent to the actual losses incurred by one party due to the other party's breach of contract.

Generally speaking, the non-breaching party can compensate itself for the losses caused by the other party's breach of contract according to the liquidated damages clause. Of course, when the deposit clause is favorable to the non-breaching party, the non-breaching party can also apply the deposit clause to make up for its own losses in accordance with the deposit penalty.

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 request compensation for losses exceeding the amount of the deposit.

Lawyer's answer: Deposit.

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 loss caused by one party's breach of contract, the other party may request compensation for the loss of the buried skin in excess of the amount of the deposit. Article 589 of the Civil Code of the People's Republic of China: Where 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.