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Anonymous users2024-02-15The difference between a deposit and a deposit is mainly manifested in four aspects:
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 paid, 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. There are certain legal restrictions on the amount of the deposit, for example, Article 586 of the Civil Code stipulates that the amount of the deposit shall 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, while the deposit is only a unilateral act and does not have an obvious guarantee nature.
What is a deposit.
Deposit refers to the money or 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 the 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.
It can be seen that although the difference between the deposit and the deposit is only one word, the legal consequences are different, and the deposit cannot produce all the four legal effects of the deposit, let alone apply the deposit penalty.
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Anonymous users2024-02-14The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.
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Anonymous users2024-02-13In legal terms, a fixed metal is a kind of security for a creditor's right and should be agreed in writing. According to the provisions of the Contract Law and the Guarantee Law, the deposit penalty is applicable. A deposit is not a legal term and is often understood as an advance payment.
Regardless of whether the seller defaults or the buyer defaults, the party who received the deposit should refund the full amount.
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Anonymous users2024-02-12Teach you the difference between a deposit and a deposit.
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Anonymous users2024-02-11The difference between a deposit and a deposit The deposit of Bao Gaitou is a form of guarantee, and the biggest is particularly punitive, if the other party takes the money, and finally does not perform the contract.
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Anonymous users2024-02-10When buying a house, be sure to distinguish the difference between a deposit and a deposit.
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Anonymous users2024-02-09The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.
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Anonymous users2024-02-08Legal analysis: The difference between a deposit and a deposit is that the deposit is a form of security for the creditor's right and is a clear concept in the law, while the deposit is usually an advance payment and is the direct and actual performance of the debt. And the deposit has the legal effect of double refund.
Legal basis: Civil Code of the People's Republic of China
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 failure to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party who accepts the company 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 doubled.
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Anonymous users2024-02-07The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.
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Anonymous users2024-02-06Teach you the difference between a deposit and a deposit.
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Anonymous users2024-02-05The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.
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Anonymous users2024-02-04The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.
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Anonymous users2024-02-03Teach you the difference between a deposit and a deposit.
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Anonymous users2024-02-02When buying a house, be sure to distinguish the difference between a deposit and a deposit.
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Anonymous users2024-02-01The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.
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Anonymous users2024-01-31The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.
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Anonymous users2024-01-30Teach you the difference between a deposit and a deposit.
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Anonymous users2024-01-29When buying a house, be sure to distinguish the difference between a deposit and a deposit.
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Anonymous users2024-01-28The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.
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