Traditional Culture Encyclopedia - Hotel accommodation - Is it reasonable for the man to cancel the wedding banquet and not refund the deposit? How to distinguish between deposit and deposit?
Is it reasonable for the man to cancel the wedding banquet and not refund the deposit? How to distinguish between deposit and deposit?
First, the meaning of deposit
Deposit is a concept clearly defined by law. According to the provisions of General Principles of Civil Law, Contract Law and Guarantee Law, deposit is a kind of guarantee for debt. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the 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.
Second, the meaning of deposit
Deposit is not a legal concept. In practice, it is generally interpreted as advance payment, that is, part of the money given in advance. "the Supreme People's Court on the application of
Third, the simple understanding of deposits and deposits
Simply put, write down the deposit (and deposit, retention money, deposit, deposit, contract money). These aren't? Deposit? If the other party breaches the contract, it may not be possible to ask the other party to double the return. Remember: What is invisible? Deposit? Does that mean things haven't happened? Settings? I live here.
Fourth, how to distinguish between deposit and deposit?
1. Different definitions: deposit is a way for both parties to agree in writing that one party will pay a certain amount of money to the other party in advance as a guarantee, and deposit is strictly defined in law. And then what? Deposit? There is no strict definition in law, which is often based on the agreement and habits of both parties.
2. Different functions: Once the deposit is paid, it will play the role of sanctioning the defaulting party and compensating the observant party. After the deposit is paid, if the contract is terminated due to one party's breach of contract, the party receiving the deposit only needs to refund the deposit in full, which has no effect as a penalty for the deposit.
3. Different amount restrictions: the deposit amount is limited by law. The Guarantee Law stipulates that the amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract, but the amount of the deposit shall be freely agreed by the parties and generally not limited by law.
In life, many people often suffer big losses because they don't quite understand the meaning of the two. They are similar in pronunciation and meaning, but different in essence. Therefore, when trading, we should pay attention to the two different meanings of deposit and deposit, otherwise we will suffer.
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