Which deposit or deposit can be refunded, and which deposit or deposit can be refunded

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

1. At present, the concept of deposit is not clear in China's law, but in China's judicial trial practice, the deposit is generally regarded as an advance payment. Article 118 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China provides:"Where a party pays a lien, guarantee, security deposit, contract money, deposit, or deposit, etc., but does not agree on the nature of the deposit, the people's court will not support the party's claim for the right to the deposit"。

To put it simply, no matter how much you deposit to the other party, even if you breach the contract, the other party will return it to you, so if the signed agreement is written as a deposit, then you don't have to worry, the money will definitely be returned.

2. Article 89 of the Guarantee Law.

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, the deposit shall be returned double;

To put it simply, it is the deposit agreement you signed with the other party, if you do not fulfill the contract, then the other party can directly confiscate your deposit, and if the other party does not fulfill the agreement, then he will return double the deposit to you, so be cautious when signing the deposit contract.

The deposit can be refunded, and the deposit means that the deposit is agreed upon by both parties, and the deposit can be refunded if the contract is not performed.

Hello, in fact, the meaning of these two is almost the same, both can be refunded, the key is to see what the deposit is?

If you want to refund the deposit, you need to have a reasonable reason, if there is no reasonable reason for breach of contract, then you need to pay the liquidated damages, and then you can return the deposit to you.

Relatively speaking, the deposit must be refundable in the front, and it must not be refundable in the back.

I just helped you inquire, hurry up the relevant regulations, the deposit is refundable.

Of course, the first one can be refunded, because the first one is next to the words, so what is said can be refunded. Then the subsequent deposit is non-refundable.

Legally speaking, the deposit is non-refundable, and it cannot be refunded after it is set.

Generally speaking, if you want to return, the normal situation should be the front, this should be refundable, the normal situation is like this, it will be a little better.

The deposit is double refundable.

Legal analysis: which can be refunded deposit or deposit: Deposit refers to a certain amount of money or substitute paid before the conclusion of the contract or before the performance of the guarantee method, commonly known as early pure holding deposit.

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 deposit, according to the relevant provisions of China's current laws, does not have the nature of the deposit, is only a 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. In the event that one of the parties to the delivery and receipt of the deposit fails to perform its contractual obligations, the loss or double return of the advance payment shall not occur, and the deposit shall only be used as damages.

Legal basis: Article 587 of the Civil Code of the People's Republic of China 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.

Article 118 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China Where a party pays a lien, guarantee, security deposit, contract money, deposit or deposit, etc., but does not agree on the nature of the deposit, the people's court shall not support the party's claim for the right to make a deposit.

The general principle is that the deposit is refundable, and the deposit is non-refundable; However, the refund of the deposit is subject to the statutory conditions. The deposit is generally an advance payment and should be refunded if the contract is invalid or terminated.

The conditions for the refund of the deposit are as follows:

1. Failure to perform contractual obligations when paying a deposit;

2. There is no right to request the return of the deposit;

3. The party receiving the deposit does not perform its contractual obligations;

4. Agree to return double the deposit.

The circumstances of an invalid contract are as follows:

1. A contract entered into by one or more parties who are incapable of civil conduct;

2. The actor and the counterparty are late in entering into a contract with a false expression of intent;

3. Contracts concluded in violation of the mandatory provisions of laws and administrative regulations;

4. Contracts concluded against public order and good customs;

5. A contract concluded by the actor and the counterparty maliciously colluding to harm the lawful rights and interests of others.

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 tenant of Dangtandan; 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.

Legal basisArticle 587 of the Civil Code of the People's Republic of China.

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 party shall return the deposit twice.

Now you need to pay a deposit to buy a house, which can ensure the smooth progress of the transaction, but the "deposit" and "deposit" are different in the legal sense, so many owners do not want to buy a house, but they don't know if the deposit can be refunded. So, which can be refunded, the deposit or the deposit? What should I pay attention to when buying a house and paying a deposit?

Let's take a brief look at it together.

1. Which deposit or deposit can be refunded?

The deposit is refundable, because there is no strict definition and definition of the deposit in the law, so literally, it means a reservation, and it will also be judged as an advance payment at the time of trial; The definition of the deposit in the law is relatively strict, if the payer is in default, it cannot be returned, but if Min Chunguo is the receiver is in default, double the deposit must be returned in accordance with the regulations.

2. What should I pay attention to when buying a house and paying a deposit.

1. Sign the agreement.

When buying a house, you will be required to pay a deposit, pay attention to the contract must be signed with the sales unit, and before the signature is implemented, you must pay attention to check the terms, if there is no understanding, or unreasonable, you must put it forward on the spot, and conduct friendly negotiations, confirm that there is no problem, before you can make the payment, so as to ensure that your rights and interests are not infringed.

2. Delivery time.

In the signing of the deposit contract, there must be a detailed delivery time, especially for the owners of the purchase of the off-plan house, do not believe the one-sided words of the house collectors, all promises should be implemented literally, there will be substantial evidence, if the developer does not deliver the house in accordance with the time on the contract, it is determined to be a breach of contract, and the buyer needs to be compensated accordingly.

Summary: The biggest difference between a deposit and a deposit is the legal benefit, because the definition of the deposit is relatively clear, so it is difficult to ask for a return after the buyer pays, and it is recommended that you must consider it before confirming the payment. The above information about which deposit can be refunded, as well as the precautions for buying a house and paying a deposit, I hope it will be helpful to you.

For the "deposit", it is not possible to withdraw from the membership, and when the agreement is not performed, the deposit penalty shall be applied between the parties; In the case of "deposit", the other party can be required to return it when the contract is not performed.

Legal basis: 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 remaining 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 deposit paid is more than or less than the agreed amount, it shall be deemed to have changed the agreed amount of deposit.

Although the pronunciation of the deposit and the deposit is the same, there is an essential difference. "Deposit" or "deposit", which one is refunded and which one is not, it really bothers many people. Specifically, "deposit" is a legal concept, which is a guarantee for the performance of the contract, and the deposit has a double guarantee, that is, the claims of both parties to the contract are guaranteed at the same time.

That is to say, if the party who pays the deposit does not perform its obligations, it will lose the deposit; If the party receiving the deposit fails to perform its obligations, the deposit shall be returned double. The "deposit" can be regarded as "advance payment" or "earnest money", and the party who paid the deposit has the right to demand a refund if it fails to perform the agreed debt. That is, the deposit is non-refundable and the deposit is refundable.

If the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money. Therefore, if the commercial house does not meet the sales conditions, and the buyer has already paid the "deposit", then the developer should unconditionally refund the deposit to the buyer, regardless of whether the parties have agreed on the return of the "deposit". In addition, according to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons that cannot be attributed to both parties, the seller shall also return the deposit.

Legal analysis: If the party paying the deposit fails to perform its contractual obligations, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its contractual obligations, the deposit shall be refunded twice. The deposit is only a customary term rather than a legal concept, and under normal circumstances, the deposit is paid as an advance payment, and the deposit will be returned in full when the transaction fails.

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 shall be established when the deposit is actually handed over.

Legal analysis: the deposit is non-refundable, and the deposit is refundable. The general principle is that the deposit can be refunded, the deposit can not be refunded, but the deposit can be returned at an early age if it meets certain conditions, and if the deposit is not fulfilled by the contract, there is no right to request the return of the deposit, and if the party collecting the deposit does not perform the contractual obligations, the deposit will be returned twice.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 22 If the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money.