With the development of science and technology, shopping platforms are springing up like bamboo shoots after a spring rain. Although it is convenient for people to shop, the more problems are found. In recent years, e-commerce has developed rapidly, and live streaming is also popular. As a result, many merchants begin to expire consumers. For example, they start selling goods a few days before the shopping festival and pay a deposit (deposit) first, therefore, some merchants confuse "deposit" and "deposit". What is the difference between the two?
In life, deposit and deposit are two words often encountered in contracts. Many people do not understand the difference between them. Although deposit and deposit are only one word apart, however, their legal significance and results are very different. The following is a brief introduction to their differences:
1. What is a deposit?
(I) legal nature of deposit
Deposit in our country is a kind of guarantee method of debt in the Guarantee Law, and it is one of the forms of liability for breach of contract in the contract law. Its basic legal nature is the default deposit, and has the nature of guarantee contract performance.
(2) Can the deposit be returned?
The role of deposit mainly reflects that if the party paying the deposit fails to fulfill its responsibilities, it has no right to demand the return of the deposit. If the party accepting the deposit fails to fulfill its responsibilities, it shall return the deposit twice.
(3) How much is the deposit agreed?
China's contract law does not clearly stipulate the agreed amount of deposit, but Article 115 of the Contract Law clearly stipulates that the parties can agree on the deposit according to the relevant provisions of the Guarantee Law. Article 91 of China's "guarantee law" stipulates that the amount of deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the main contract.
(Iv) what types of deposit
According to the interpretation of several issues concerning the application of the Guarantee Law published in 2000, the types and applications of deposit are mainly as follows:
1. Contract deposit
If the parties agree to use the delivery of deposit as the guarantee for the conclusion of the main contract, if the party who pays the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit; If the party who accepts the deposit refuses to conclude the contract, it shall return the deposit twice.
2. Agreed gold
If the parties agree to take the delivery of deposit as the requirement for the establishment or effectiveness of the main contract, the party paying the deposit fails to pay the deposit, but if the main contract has been performed or the main part has been performed, the establishment or effectiveness of the main contract will not be affected.
3. Deposit for termination
After the deposit is delivered, the party who delivers the deposit can terminate the main contract at the cost of losing the deposit as agreed in the contract, and the party who receives the deposit can terminate the main contract at the cost of returning the deposit twice. The provisions of contract law of the People's Republic of China shall apply to the handling of responsibilities after the termination of the main contract.
4. Default deposit
Default deposit refers to the deposit agreed by giving up or double returning of the deposit as a remedy for breach of contract.
According to the relevant provisions of Article 89 of the Guarantee Law, the parties may agree to pay a deposit to the other party as the guarantee of the creditor's rights. After the debtor performs the debt, the deposit shall be credited to the price or recovered. If the party who pays the deposit fails to fulfill the agreed debts, it has no right to demand the return of the deposit; If the party who receives the deposit fails to fulfill the agreed debts, it shall return the deposit twice.
2. What is a deposit?
Deposit is not strictly defined in law, but only unilateral behavior and does not have obvious guarantee nature. If the party who pays the deposit claims the right of deposit, the People's Court will not support it. In general, the payment of the deposit is regarded as the advance payment. When the party who delivers or receives the deposit fails to perform the contract debt, there will be no loss or double return of the advance payment. The deposit can only be used for damages.
3. What is the difference between deposit and deposit?
According to China's general principles of civil law and guarantee law, the differences between deposit and deposit are mainly shown in:
1. When the party who delivers or receives the deposit fails to perform the contract debt, there will be no loss or double return of the advance payment. The deposit can only be used for damages.
2. The amount of deposit has certain limits in legal provisions. For example, the Guarantee Law stipulates that the amount of deposit shall not exceed 20% of the subject matter of the main contract; And the amount of deposit shall be freely agreed between the parties, the law is generally not restricted.
3. The deposit has the nature of guarantee, while the deposit is only unilateral behavior and does not have the obvious nature of guarantee.
In law, there is no clear and specific provision for deposit. Deposit is only used as an advance payment, which can offset a certain amount during the performance of the contract, and deposit is only a unilateral legal act, there is no guarantee. In the process of signing the contract, we should pay attention to how the terms of the contract are stipulated, and carefully observe whether it is deposit or deposit.
One sentence summary: the deposit cannot be refunded, and the deposit can be refunded!
