Traditional Culture Encyclopedia - Photography and portraiture - Is it legal for the wedding deposit not to be refunded?
Is it legal for the wedding deposit not to be refunded?
1. If the buyer breaches the contract, the deposit will not be refunded legally.
2. If the seller breaches the contract, it shall double the buyer's deposit.
Legal procedures for non-refundable prosecution of wedding deposit;
1. Write a complaint in duplicate, stating the requirements for refund;
2. Bring evidence (such as IOUs, witnesses, physical evidence, etc.). ) and the indictment to the court for the record and pay legal fees;
3. After the court examines and accepts the case, it will hold a hearing according to the complexity of the case;
4. The court made a judgment after court debate and cross-examination;
5, the execution of the judgment, refused to execute, you can apply for compulsory execution.
If the deposit for wedding photos is not refundable, the prosecution must meet the following conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Legal basis: Article 586 of the Civil Code of People's Republic of China (PRC).
The parties may agree that one party shall 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 paid.
The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
Article 587
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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