Is the deposit the same as the deposit? Is the deposit the same as the deposit?

Unlike the one, a deposit is a form of security and has legal effect, while a deposit is a payment method and has no legal effect.

A deposit is a normative legal concept that is a form of security for a certain amount of money paid before the conclusion of a contract or before its performance, and also becomes a security deposit. Article 89 of the Security Law stipulates that 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 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. Therefore, when the buyer pays the deposit, he generally pays 20% of the total house price.

A deposit is a certain amount of money paid by the buyer to the seller in order to show good faith in a second-hand housing transaction. Usually, the seller will give the buyer a receipt after receiving the deposit. If a property is favored by multiple buyers, the seller will sell the property in the order in which the buyer paid the deposit.

After the transaction between the two parties is successful, the deposit will be used as the house payment, and if the transaction is not completed, the deposit will be refunded to the buyer.

Therefore, the nature of the two is different, but they can be used as the buyer's payment. And if one party defaults, the deposit is to be refunded twice, and the deposit is returned to the original amount.

The 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.

In 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.

The deposit of the treasure hijab has the nature of guarantee, which can be understood as the meaning of certainty, and is generally paid before signing the contract. The deposit is not guaranteed by words, it can be understood as the meaning of reservation and advance payment, which is generally paid before signing the temporary subscription agreement, and if any party defaults, only the deposit needs to be returned to the paying party.

Teach you the difference between a deposit and a deposit.

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

How to distinguish between a deposit and a deposit?

Legal Analysis: A deposit is of course not the same as a deposit. Deposit refers to the agreement between the parties to pay a certain amount of money to the other party as security in order to ensure the performance of the debt, which has the nature of guarantee.

The type of bucket and the deposit does not have the nature of fixed money, but only a unilateral act of sell-off, and does not have the obvious nature of guarantee.

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.

Analysis of the law of hail: the deposit is different from the deposit Dafan, under normal circumstances, the deposit is non-refundable, and the deposit can be refunded.

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 agreed upon by the parties; However, it shall not exceed 20% of the amount of the same bid in 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 analysis: No, the deposit is a form of guarantee and has legal effect, while the deposit is a payment method and has no legal effect. A deposit is a normative legal concept, which is a form of security in which a certain amount of money paid before the conclusion of a contract or before its performance is used as a guarantee, and it also becomes a security deposit.

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

If the debtor performs the debt, the deposit shall be used as 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.

The difference between the deposit and the deposit is mainly due to the following three points: 1The deposit contract is a subordinate contract of the main contract, and the failure of the deposit contract to take effect does not affect the validity of the main contract.

The deposit contract is part of the main contract, and if the deposit should be paid according to the agreement but is not delivered, the main contract shall not be established.

2.If the party who pays Dinghui Yinjin 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. If the party who pays or accepts the deposit fails to perform the debt of the same debt, the consequence of losing or returning the deposit in double shall not occur, and the deposit can only be used as damages.

3.The deposit is in the nature of a guarantee, while the deposit is only a unilateral act and is not a guarantee. Other such as liens, guarantees, security deposits, contract fees, and deposits do not have the legal consequences of a deposit if the nature of the deposit is not agreed.