Traditional Culture Encyclopedia - Hotel reservation - Can the wedding deposit be refunded?
Can the wedding deposit be refunded?
I. Matters needing attention in paying down payment for house purchase:
1, the deposit clause is not mandatory, but only instructive, and consumers can decide whether to conclude the deposit clause according to law;
2. The specific circumstances of non-performance of the contract shall be indicated in the deposit terms;
3. Although the deposit clause has been concluded, the contract will take effect only after the consumer pays the deposit;
4. Distinguish the difference between deposit and advance payment. Advance payment is paid in advance, but the liquidated damages of advance payment cannot be applied.
Second, the deposit and deposit area:
1, the basic legal relationship between them is different, and the deposit contract is subordinate to the main contract. Unless the parties have special agreement, the main contract is invalid, and so is the deposit contract; The agreement of the parties on the deposit is an integral part of the main contract.
2. Their functions are different; Deposit does not have the function of debt guarantee, but its function is to provide certain financial support for one party to fulfill its debt. Paying the deposit itself belongs to the behavior of the party paying the deposit to perform the debt.
3. Their functions are different; Once the deposit is paid, it will play the role of punishing the defaulting party and compensating the observant party; After the deposit is paid, if one party breaches the contract, resulting in the termination of the contract, the party receiving the deposit must refund the deposit in full.
Legal basis:
Article 587 of the Civil Code of People's Republic of China (PRC) * * * 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 the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
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