If the merchant does not refund the deposit, can I ask for additional interest? 50

If the merchant fails to refund the deposit for a long time, he can claim additional interest from the court.

1. The deposit is fully refundable, and the deposit is non-refundable!

2. The deposit is not a standardized legal concept, in fact, it has the nature of advance payment, is a means of payment for the parties, and does not have the nature of guarantee.

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;

There is still a right to a full refund.

3. Deposit is a standardized legal concept, which is a form of guarantee voluntarily agreed upon by the parties to the contract to ensure the performance of the contract.

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.

The law stipulates that the deposit is refundable, but there is no provision that the deposit will incur interest. You can ask the other party for a civil lawsuit if the other party does not give you a large amount of deposit, and the other party still refuses to pay, and you can apply for enforcement.

Legal Analysis: It is non-refundable. After the deposit is paid, it depends on which party breaches the contract, if the other party constitutes a breach of contract, it can claim to return the deposit twice, and if it is a breach of contract by the party that has infiltrated the town, the other party has the right to confiscate the deposit.

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.

Legal basis: Civil Code of the People's Republic of China

Article 585: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

Where it is agreed that the liquidated damages for shouting celebration are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 586: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.

Article 587: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.

1.It is non-refundable. After the deposit is paid, it depends on which party is in breach of contract, if the other party constitutes a breach of contract, you can claim to return the deposit twice, if it is a breach of contract on your own side, the other party has the right to confiscate the deposit.

2.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.

3.If the party who pays 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: The deposit is refundable, but pay attention to the difference, the deposit is not rotten and can be refunded, and the deposit is certain, which is different from the deposit. The deposit paid is equivalent to an advance payment, which acts as payment for the goods when the transaction is successful, and is returned in full if the transaction fails.

Moreover, the amount of the deposit can be agreed, but it is necessary to keep the receipt or receipt, which has low protection effect. It is not legally enforceable. Deposits are generated in daily life according to trading habits.

Legal basis: Article 586 of the Civil Code of the People's Republic of China 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 determined by the parties and 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 the deposit. Where the actual amount of the deposit paid is more or less than the agreed amount, it is deemed to have changed the agreed amount of the deposit.

Legal analysis: the deposit can be refunded without a special agreement and Sun Ding, and if otherwise agreed, it will be executed in accordance with the agreement. The deposit is not a standardized legal concept, and there is no clear provision in the law at present, it has the nature of prepayment of pure money, and is a means of payment for the parties, and does not have the nature of guarantee.

Legal basis: Civil Code of the People's Republic of China

Article 587.

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.

You can ask for a refund, the deposit does not have the nature of guarantee, just like the hotel to book a room, you can cancel the order if you don't like it when you book it online, and the money must be returned the same way. The current situation is recommended to be solved by a third party on the platform, and it is really not possible to call the police, and the victim and the person who was accused by Bi Fan Lu need to be present to solve the problem.

You can contact the customer service of Salted Fish first, let the customer service negotiate with the buyer, of course, you have to keep the evidence.

To get this thing right, we must first sort out our thinking.

Thinking determines the way out.

First of all, how is the deposit handed over, is it in Xianyu or outside Xianyu? When the deposit is paid, are the relevant chat screenshots and transfer records still in good condition? These are all very important evidence, and they are good evidence for him to be false to himself.

Chat history is important.

Secondly, is the amount of deposit required for the items to be traded large enough to meet the relevant standards? If the amount is large, it is advisable to seek the help of a professional, such as the police, etc. Shoot Jane.

Finally, what happened on the Xianyu platform, after the incident, did you take the initiative to communicate with the official customer service of the platform? You can actively seek help from the platform and strive to get a proper solution.

Find official customer service to solve the problem.

Past experience, if not forgotten, is a guide for the future.. Regardless of the final outcome of this matter, you should actively learn from it and protect your personal property.

If the deposit is agreed by the parties to return unconditionally, it is still possible, and the law does not specifically stipulate the deposit. The contents of the contract that the parties may agree on are: the names, units and addresses of both parties; the subject matter of the contract, the quantity of the subject matter, the quality of the subject matter, the price or remuneration, the period of performance of the contract, the place of performance and the method of performance; Liability for breach of contract and dispute resolution; Other contents stipulated by law, etc.

Article 470 of the Civil Code: The content of the contract shall be agreed upon by the parties, and shall generally include the following clauses: (1) The name and address of the person who is involved in the matter; (2) the subject matter; (3) Quantity of cracks and tung trees; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.