In our daily life, there are many places where we will have the behavior of paying a deposit. The deposit is paid to protect the interests of both parties, but when we need to return the deposit for some reason, under what circumstances can we get the deposit back?
Netizen consultation:
Under what circumstances can you get your deposit back?
Lawyer answers:
1. The circumstances under which the deposit can be returned are:
1) If the other party who signs the contract breaches the contract, he can ask for double the deposit.
2) If the contract cannot be performed due to force majeure or unexpected events, the deposit can be returned. Such as natural disasters, typhoons, floods, etc.;Such as ** policies and behaviors, expropriation and requisition, etc.;Such as abnormal social events, riots, strikes, etc.
3) However, if the contract cannot be performed or fails to be performed as agreed due to the reasons of a third party, the deposit cannot be returned, but the third party can recover from it.
2. If the other party is unwilling to return the deposit or double the deposit, he can sue the court to get the deposit back.
Lawyer adds:
The deposit has the following characteristics:
First, the deposit stipulated in China's Civil Code is a breach of contract deposit in nature, which is applicable to the act of non-performance of debts. In other words, the deposit is punitive and is a punishment for non-compliance.
Second, the deposit has the effect of guarantee. The basic content is that 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. Such liability is not only an effective sanction for wrongdoing, but also serves as an incentive for the debtor to perform its obligations.
Third, the deposit contract is a subordinate contract, which is conditional on the existence of the main contract. When the main contract is invalid, void or revoked, the deposit clause cannot be validated. The main contract is extinguished, and the agreed deposit is also extinguished.
Fourth, the deposit contract is a practical contract. That is, the establishment of the deposit requires not only the agreement of the parties, but also the actual delivery of the deposit. If the parties have agreed on a deposit clause in the contract, but in fact they have not paid it, the deposit clause shall not take effect and the deposit liability shall not apply;If the parties have agreed to pay a deposit as a condition for the contract to take effect, but the parties have not paid the deposit, but the parties have performed the contract or performed the main obligations of the contract, it shall be deemed that the parties have waived the agreement to take the deposit as a condition for the contract to take effect, and the contract shall be deemed to have entered into force.
Laws and Regulations] Article 587 of the Civil Code.
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.
Article 588 of the Civil Code.
If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract.
If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.
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