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Difference between deposit and deposit

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Difference between deposit and deposit


        

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  • 2024-06-14 18:00:50

    What is the difference between deposit and deposit? The deposit guarantees the creditor's rights and has no real right effect; The deposit should belong to the category of security interest; The deposit is a legal way of guarantee, while the deposit is just a customary way in the process of private transactions. Our laws neither explicitly recognize nor prohibit the deposit as a way of guarantee; The creation of the deposit is limited to the parties to the guaranteed contract, and the payment of the deposit may be the debtor of the main contract or a third party other than the debtor.
    According to Article 586 of the Civil Code of the People's Republic of China, the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess shall not have the effect of a deposit. If the amount of deposit actually paid is more or less than the agreed amount, it shall be deemed that the agreed amount of deposit has been changed. The above is the lawyer's explanation of the difference between deposit and deposit. I hope the above knowledge will be helpful to everyone.

    Yao***

    2024-06-14 18:00:50

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