Is the deposit refundable? Is the deposit refundable?

1. "Signed" and "signed"."The difference.

"Order" and "order" can be used in many places. For example, "subscription", "subscriber" and "order" can be written as "subscription", "subscription" and "order", and there is no difference in meaning.

However, "order" only means that the parties have agreed in advance, and regardless of whether the agreement can guarantee that the certainty will not change, the emphasis is on the process; "Fixed" means that the matter has been determined and will not be easily changed, focusing on the result. Therefore, such as "engagement" and "order", etc., generally use "order" instead of "set"; "Deposit", "order", etc., it is more appropriate to use "fixed". "Commodity pricing" cannot be written as "commodity pricing", because once it is determined, it cannot be changed at will.

It is not difficult to distinguish between "ordering" and "determining", and the difference between "signing" and "signing".

2. The difference between "deposit" and "deposit".

1. In the modern Chinese dictionary, the meaning of the word deposit is equivalent to the deposit, but there is a strict definition in the law: the deposit is not the deposit.

2. The deposit refers to a certain amount of money agreed by the parties to the contract to ensure the performance of the contract paid by one party to the other party in advance. According to the provisions of the General Principles of the Civil Law and the Guarantee Law of China, the deposit is a way to guarantee the creditor's rights. Judging from the penalty for the deposit stipulated by law, the deposit is the settlement of the deposit, that is, 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.

At the same time, the deposit also has the nature of proving the contract, that is, it has the function of proving the formation and existence of the contract. In addition, because the deposit can be used as a consideration after the debt is fulfilled, the deposit is also in the nature of an advance payment, which is the same as the deposit.

3. The difference between the deposit and the deposit is mainly manifested in:

1) The agreement to pay the deposit is from the contract, and if the deposit should be paid according to the agreement but is not delivered, it does not constitute a breach of the main contract; The agreement to pay the deposit is part of the main contract, and if the deposit should be paid according to the agreement but is not paid, it constitutes a breach of the main contract.

2) When the party who delivers and receives the deposit fails to perform the contract debt, the loss or double return of the advance payment will not occur, and the deposit can only be used as damages.

3) The amount of the deposit is limited by law, for example, the "Guarantee Law" stipulates that the amount of the deposit does not exceed 20 of the amount of the subject matter of the main contract; The amount of the deposit is freely agreed between the parties, and the law generally does not restrict it.

4) The deposit has the nature of guarantee, and the deposit is only a unilateral act, not a guarantee. With regard to the deposit, the law stipulates that if the parties pay the lien, guarantee, security deposit, contract money, deposit or deposit, etc., but do not agree on the nature of the deposit, the court will not support the parties' claim for the right to the deposit. Therefore, the deposit penalty is not applicable, and the original amount is only refunded when the other party breaches the contract.

When drafting and signing some legally probative documents, such as contracts, receipts, invoices, etc., the parties must use standard language to prevent ambiguity, and if necessary, they can ask a lawyer to help draft or revise them in French, especially when the standard contracts and receipts provided by the other party are carefully reviewed.

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Legal analysis: 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. The deposit is refundable, under normal circumstances, the deposit delivered is regarded as an advance payment, when the transaction is successful, the deposit acts as a leakage of the payment, when the transaction fails, the deposit should be returned in full, and the party receiving the deposit should still bear the obligation to return the deposit even if it is in default.

If you do not return the money, you can file a lawsuit in the local court. Claim liability for breach of contract.

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 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.

The deposit can be refunded, even if you are in breach of contract, the other party must return it.

However, the merchant may be able to ask you to pay a little bit of his loss.

If not, he can be prosecuted.

According to 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, "if 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 the deposit".

I had an unscrupulous 2 landlord who didn't refund the deposit, so I researched and sued him, and then he was scared and refunded the money.

The deposit is refundable.

From a legal point of view, it is first necessary to clarify the two concepts of "deposit" and "deposit". If the two parties to the contract cannot reach an agreement or the contract cannot be performed due to a change in one party, the party receiving the deposit shall return the deposit paid by the party paying the deposit, but the direct loss paid by the party may be deducted; The meaning of "deposit" is completely different, and if it is paid under the condition that both parties reach a complete agreement, it is irrevocable. Its meaning is closer to an advance payment.

If the payer defaults, the deposit can be deducted directly and will not be refunded.

However, from the perspective of this agreement, the payment is neither a "deposit" nor a "deposit", but an advance payment. If the buyer does not pay the subsequent payment, not only will the payment not be refunded, but if the seller insists, the buyer may also bear more serious liability for breach of contract.

The deposit is refundable, under normal circumstances, the deposit delivered is regarded as an advance payment, when the transaction is successful, the deposit acts as the payment, when the transaction fails, the deposit should be returned in full, and the party receiving the deposit should still bear the obligation to return the deposit even if it is in default.

If you do not return the money, you can file a lawsuit in the local court. Claim liability for breach of contract.

There are several ways to bear the liability for breach of contract:

1.Payment of liquidated damages: refers to a certain amount of money to be paid to the other party when the contract debtor fails to perform or improperly performs its contractual obligations, as agreed by the parties to the contract.

2.Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3.Continued performance, continued performance: refers to the judgment or special performance order issued by the court or arbitration authority requiring actual performance, forcing the debtor to perform the contract debt within a specified time limit.