Is the deposit a deposit or a deposit?

Legal subjectivity:

1. What are the main differences between deposits and deposits?

(1) "Deposit" refers to the consumer's advance payment to ensure the performance of the contract. Pay a certain amount of money to the furniture seller (seller). The contract refers to a "deposit". According to the relevant provisions of the Civil Code, when one party breaches the contract, the two parties shall comply with the agreement if there is an agreement; if there is no agreement, and the furniture seller breaches the contract, the "deposit" will be returned double; when the consumer breaches the contract, The "deposit" is not refundable. The total amount of the "deposit" shall not exceed 20% of the contract subject matter.

(2) As for "deposit", there is currently no clear provision in the law, and it can generally be regarded as "advance payment". The validity of the "deposit" depends on the agreement between the two parties. If there is no agreement between the two parties, the nature of the "deposit" is mainly an advance payment. When the furniture seller breaches the contract, it shall be refunded unconditionally; when the consumer breaches the contract, he or she can negotiate with the furniture seller and ask the operator for a refund. If the parties agree otherwise, the agreement shall be followed.

(3) The deposit is the money used as collateral when renting something. The amount of the deposit is usually based on the original price of the borrowed item or higher than the original price, and the original deposit amount will be refunded when the borrowed item is returned. Deductions will be made in case of default. A deposit means that one party deposits a certain amount of money with the other party to ensure that his actions will not cause damage to the interests of the other party. If damage is caused, the party can pay the actual fee or compensate for it separately. After the legal relationship between the parties ceases to exist and there are no other disputes, the deposit shall be refunded.

2. Which one is refundable and which one is non-refundable?

For example, when I took wedding photos at a photography company, I felt it was okay during the introduction, so the staff asked me to pay a deposit of 500 yuan. He also said that if you are not satisfied, the 500 yuan can be refunded at any time. But when I took the photo, I saw that the effect was poor. However, I didn’t want to shoot in this place anymore. They refused to refund the deposit. When the staff of the photography company took out the deposit slip, it said “deposit” on it. Although there is a difference between the words "deposit" and "deposit", their legal meanings are quite different.

3. Are deposits and deposits the same?

Deposits refer to one party or a third party delivering a certain amount or equivalent to the other party to guarantee the realization of the creditor's rights. Like the deposit, they are both guarantees and can be offset against the price or recovered.

The difference between the two

Theoretical differences:

(1) Different natures, the deposit is a monetary guarantee, and the deposit is a pledge guarantee.

(2) The delivery time is different, and the deposit is paid before performance; the deposit can be paid before the conclusion of the contract or during the performance of the contract, which essentially does not have the characteristics of advance payment;

( 3) If the parties are different, the deposit is a guarantee between the parties. The deposit can be the party or a third party;

(4) The ownership of the deposit is transferred to the recipient when it is delivered; , the deliverer still has ownership, and the recipient only takes temporary possession and makes a pledge.

Differences in practice:

(1) Different amounts: the deposit is 20% of the amount, and cannot be higher than the price of the subject matter; the deposit is not stipulated, it depends on the agreement of the parties, and can be higher Regarding the price;

(2) is also the most obvious difference. The penalty for the deposit is as mentioned above; Responsibility for return (also different from advance payment, if the delivery party defaults, the advance payment will be returned; the deposit will not be returned). To better protect your rights. Legal objectivity:

Article 586 of the "People's Republic of China and Civil Code"

The parties may agree that one party will pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually delivered.

The amount of the deposit shall be agreed upon by the parties; however, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not be effective as a deposit. If the actual deposit amount is more or less than the agreed amount, it will be deemed to have changed the agreed deposit amount.

Article 587

If the debtor performs its debt, the deposit shall be used as the price or be recovered. If the party who paid the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, it shall have no right to request the return of the deposit; if the party receiving the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, double the amount of the deposit shall be returned Deposit.