Traditional Culture Encyclopedia - Lucky day inquiry - Can I pick up the car after paying the deposit for booking a car for one year?

Can I pick up the car after paying the deposit for booking a car for one year?

Yes, but it needs to be stipulated in the contract that if the receiver defaults, it needs to return the deposit twice, and if the payer defaults, it has no right to ask for the return of the deposit.

According to the provisions of Chapter VI of the Guarantee Law of People's Republic of China (PRC):

Article 89 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. 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 agreed 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.

Article 90 The deposit shall be agreed in writing. The parties shall stipulate the time limit for the payment of the deposit in the deposit contract. The deposit contract shall take effect from the date when the deposit is actually paid.

Article 91 The amount of the deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.

Extended data:

Precautions:

The deposit plays a guarantee role. If the consumer fails to perform the deposit according to the agreement after paying the deposit, which constitutes a breach of contract, the consumer has the right to ask the operator to double the deposit previously paid. When buying any goods, you must read the contract carefully and don't let your own interests be damaged.

Deposit is a normative legal concept and a form of guarantee voluntarily agreed by the parties to the contract to ensure the performance of the contract. Deposit is not a normative legal concept, in fact, it has the nature of advance payment, is a means of payment for the parties, and does not have the nature of guarantee.

China Government Network-People's Republic of China (PRC) Guarantee Law

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