in everyday life.
As small as a banquet banquet.
It's as big as buying a house and a car.
are possible to the seller.
Pay the "ding fee".
Deposit" and "Deposit".
Although the difference is one word.
But the legal implications are quite different.
Passing the case together.
Learn the difference between the two.
Links to legal provisions
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 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 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 deposit shall be returned twice.
Explain the law with cases
"Deposit" is not strictly a legal concept. If the parties do not expressly stipulate in the contract that the "deposit" has the nature of a "deposit", the court's claim for the application of the provisions of the Civil Code on "deposit" will generally not be supported by the court.
Tips
In real life, whether the delivered "deposit" has the attribute of "deposit", a large number of litigation disputes have arisen, although there is only a word difference between the two, but there is a big difference in the application of law.
*:Shunyi**.
Editor-in-charge: Ke Xuezi.
Capital Cyber Police.