Restitution payment which is of a serious nature the letter of the law

In the event that the recipient breaches the contract, refuses to perform, or is unable to perform the contract, or revokes or terminates the contract and fails to fully perform the main debt of the contract, the advance payment shall be refunded.

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.

Termination Payment. After the deposit has been paid, if one party terminates the main contract, it must bear the deposit penalty. In short, in the case of such a deposit, both parties can exercise the right of unilateral termination at any time, but must bear the deposit penalty (Article 117 of the Interpretation of the Security Law). This type of deposit is only applicable when both parties have a desire to cooperate in good faith to achieve a win-win situation, but there is mutual distrust (e.g. in the first dealing).

Deposit for breach of contract (Article 89 of the Guarantee Law, Article 115 of the Contract Law, Article 115 of the Interpretation of the Guarantee Law).

That is, if one party fails to perform or the performance does not conform to the agreement, resulting in the loss of the purpose of the contract, the two parties shall bear the deposit penalty.

Breach of contract deposit is the most common type of deposit, and it is also the type of deposit expressly recognized in China's legislation (Guarantee Law, Contract Law) before the promulgation of the Interpretation of the Guarantee Law.

You can ask the other party to return it from the perspective of unjust enrichment.

Unjustified enrichment refers to a benefit that has no lawful basis, or is subsequently lost and is recognized as a result of causing loss to another person.

Legal Provisions: Article 92 of the General Principles of the Civil Law stipulates that "if an improper benefit is obtained without a lawful basis, causing losses to others, the unjust enrichment obtained shall be returned to the person who suffered the loss".

131. The improper benefits returned shall include the original thing and the fruits generated by the original thing. Other benefits obtained through the use of unjust enrichment shall be confiscated after deducting labor management expenses.

What kind of advance payment, the key depends on how you signed the contract, why you want it back, and there should be something you want in the contract law and relevant judicial interpretations.

First of all, I'm glad to give you an answer. You should promptly sue in accordance with the law to recover the payment!

There is no law to do this, but the advance payment is essentially an advance payment, which is different from the deposit. The fixed metal is a form of guarantee that is clearly stipulated in the Guarantee Law, and the rest of the money that is not specified in the law is different from the deposit. For example, a deposit is also considered an advance payment.

That is, when the party receiving the payment breaches the contract, the non-breaching party can claim a double refund if it has paid the deposit, and if it has paid the advance payment or deposit, it can only claim a refund (unless there are other breach clauses to recover higher liquidated damages or claim damages under other laws).

No, it's yours to pick it up. Because money belongs to possession, that is, all things, of course, excluding what you steal or rob.

The truth is that it should be repaid, but there are also those who do not pay it back. The law didn't do anything.

Case: On September 20, 2013, Mr. Liu and Mr. Li signed a citrus sales contract. The contract stipulates that Li will give 40,000 catties of self-produced citrus to Liu before November 20, 2013, ** is yuan per catty, the total price is 36,000 yuan, and Liu pays Li a deposit of 15,000 yuan.

After the contract was signed, the contract could not be performed because Liu did not come to buy citrus within the specified time and was rejected by Liu after Li's repeated invitations. Later, the two parties had a dispute over the return of the deposit, and Liu sued the court, requesting Li to return the deposit of 30,000 yuan twice.

The court ruled that the first civil court of the People's Court of Jinshi City, Hunan Province concluded a deposit contract dispute, determined that the part of the deposit exceeding 20% of the subject matter of the contract was invalid in accordance with the law, and ruled that the defendant Li returned 7,800 yuan to the plaintiff Liu.

The court held that Article 91 of the Security Law of the People's Republic of China stipulates that the amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the total amount of the main contract. In this case, the deposit paid by Liu to Li exceeded the amount of the contract by 20%, and the part exceeding 20% (i.e., 7,800 yuan) was invalid, and the deposit penalty could not be applied. For the excess part, it can be regarded as an advance payment made by Liu to Li, and it should be returned to Liu.

The above judgment was rendered in accordance with the law.

Case review: The total price is 36,000 yuan.

Liu paid Li a deposit of 15,000 yuan.

Liu breached the contract. The legal limit of 36,000 yuan is 20%, and the amount is 7,200 yuan.

The deposit of 15,000 yuan exceeds the legal limit of 7,800 yuan.

The court ruled that 7,200 yuan was liquidated damages, and the 7,800 yuan exceeding the limit would be refunded.

To sum up: if the party paying the deposit does not perform the contract, the part within 20% of the deposit has no right to be returned; If the deposit exceeds 20, it needs to be returned to the party who paid the deposit.

Severance pay is not a legal jargon, and I cannot judge the nature of severance pay here. Based on experience, it should be the practice of "buying out seniority" in state-owned enterprises.

According to the Notice on Implementing the Two Regulations to Expand the Coverage of Social Insurance and Strengthen the Collection of Contributions issued by the Ministry of Labor and Social Security in 1999, "no unit can terminate the social insurance relationship of employees in the form of 'buying out the length of service'. "In 1999, the State Economic and Trade Commission, the Ministry of Finance, and the People's Bank of China's "Notice on Opinions on Several Issues in State-Owned Small Enterprises" also emphasized:

To ensure that the legitimate rights and interests of employees of the enterprise are not violated, the first party should solicit the opinions of the employees on the first plan and the employee placement plan before applying, and no department or unit shall terminate the social insurance relationship of employees in the enterprise, and shall not take the opportunity to violate the relevant provisions of the state to 'buy out the length of service' of employees or handle early retirement for employees to push employees to the society. Buying out seniority should be an offense! But many state-owned enterprises are still doing it illegally!

In fact, it is the nature of the economic compensation paid by the enterprise to the employees.

You should be talking about economic compensation, the labor law has clearly stipulated that one year's work will be paid as one month's salary, and less than one year will be counted as one year.

According to Article 41 of the Labor Contract Law:

In any of the following circumstances, if it is necessary to lay off 20 or more employees, or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other employees who are slacking off the labor contract and making it impossible to perform the labor contract due to major changes in the objective economic conditions on which the labor contract is based.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Overview of e-commerce laws and regulations, legal issues of e-commerce enterprises, legal issues of e-commerce contracts, payment, taxation, intellectual property protection, legal liability and jurisdiction in e-commerce, and other related legal knowledge.

First, to understand the difference between the two:The deposit is non-refundable and the deposit is refundable。"Deposit" is strictly defined in law, and "deposit" is one of the forms of liability for breach of contract in the Contract Law, and its basic legal nature is a deposit for breach of contract, and it has the nature of guaranteeing the performance of the contract.

There are two situations in which the "deposit" is used: one is when the contract is performed normallyThe deposit is used as the price. Second, when the contract cannot be performed normally, the deposit will be used as a penalty.

If the payer defaults, then the payer has no right to recover the money. If it is the recipient who breaches the contract, the recipient should return it double.

The difference between the word "deposit" and the word "deposit" is not strictly defined in law, and from the literal understanding, the meaning of "reservation" is to conclude and reserve. Consumers must be sober-minded in the process of consumption, and distinguish between "deposit" and "deposit", so as to avoid economic losses in the process of consumption.

It's easy to pay the deposit, but it's hard to get it backTherefore, do not pay the deposit to the merchant casually, pay attention to the content of the consumption agreement, and be especially wary of clauses such as "the deposit will not be refunded" to avoid being deceived.

"Deposit" is not strictly defined in law, and from the literal understanding, the meaning of "reservation" is to conclude and make a reservation.

The "deposit" is more strictly defined in the law. Deposits can be classified into various types according to different legal natures, such as contract deposits, contract deposits, breach of contract deposits, and contract deposits.

It is recommended that consumers must see whether the payment is a "deposit" or a "deposit" before purchasing goods or receiving services. For the "deposit", according to the relevant provisions of the Contract Law, if there is an agreement between the two parties, it shall be executed in accordance with the agreement; If there is no agreement, the "deposit" will be doubled when the operator defaults, and the "deposit" will not be returned when the consumer defaults.

The so-called deposit refers to the money or its 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. It is a certain amount of money as collateral for creditor's rights, and it is a legal form of security, the purpose of which is to prompt the debtor to perform its debts and ensure that the creditor's claims can be realized. When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed.

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.

However, the deposit is not clear and non-standard in law, and is generally regarded as an advance payment in trial practice, and even if it is recognized as a performance guarantee, this guarantee is also 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 difference between the deposit and the deposit, the difference between one word, the legal effect of the two is very different, you must be cautious when buying a house, be careful to go bankrupt!

Personally, I think it's good to write a deposit, this deposit is refundable, and this deposit is non-refundable.

Of course, it is better to write a deposit, the deposit is refundable, and if you write a deposit, you don't need to refund it.

There is also a difference between the refund of the "deposit" and the "deposit".

The deposit can be refunded through mutual agreement.

The deposit can only be refunded if the developer's qualifications are incomplete, the developer is in breach of contract (the developer has mortgaged the construction in progress and has not informed the buyer), and the signed subscription contract is not standardized.

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

If the buyer gives a deposit, if you regret not wanting to buy, you can ask for a refund of the deposit, if it is a deposit, it will not be refunded. Similarly, if the owner regrets not wanting to sell, he will have to pay double the deposit. To put it simply, if you really want to buy a house, you should make a deposit.

It depends on whether you are more likely to default or the other party is more likely to default. If you are likely to be in default, write a deposit, and if the other party is likely to default a large amount, write a deposit, and the previous one does not need to be returned or withheld. The latter one you breach the contract and the other party will not give it to you, and you can ask for a double return if he breaches the contract.

If you don't buy the deposit, you can't get it back, and if they don't sell it, they will refund you twice. The deposit is completely non-binding and meaningless, just to express your intention to buy a house, pay some money, and return it if you don't buy or sell it.