Traditional Culture Encyclopedia - Traditional customs - Civil law provisions on the deposit
Civil law provisions on the deposit
Legal provisions on the deposit specifically:
1, the amount of the deposit can be agreed by the parties, but shall not exceed twenty percent of the amount of the subject of the main contract, more than the part of the deposit does not produce the effect of the deposit;
2, the deposit contract is established from the time of actual delivery of the deposit;
3, the amount of the deposit actually delivered more than or less than the agreed amount, should be directly regarded as a change in the agreed amount of the deposit.
Legal Objective:The Chinese people *** and National Code Article 586 parties can agree that one party to the other party to pay a deposit as a security for the claim. A deposit contract is established when the deposit is actually delivered. The amount of the deposit shall be agreed upon by the parties; however, it may not exceed twenty percent of the subject matter of the main contract, and the excess shall not give rise to the effect of the deposit. If the amount of the deposit actually delivered is more or less than the agreed amount, the agreed amount of the deposit shall be deemed to be changed. Article 587 of the Chinese People's *** and National Code: If the debtor fulfills the debt, the deposit shall be offset against the price or recovered. The party who paid the deposit does not perform the debt or perform the debt does not meet the agreement, resulting in failure to achieve the purpose of the contract, no right to request the return of the deposit; the party who received the deposit does not perform the debt or perform the debt does not meet the agreement, resulting in failure to achieve the purpose of the contract, the deposit shall be doubled back.
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