1. Different in nature. The deposit is a pledge guarantee, and the deposit is a monetary guarantee;
2. The delivery time is different. The deposit can be delivered before and during the conclusion of the contract, which does not have the characteristics of advance payment in essence, while the deposit needs to be delivered before performance;
3. The signatories are different. The deposit can be a party or a third person, and the deposit is a guarantee between the parties;
4. Different ownership after delivery. After the deposit is delivered, the deliverer still has the ownership, the receiver only temporarily occupies it as a pledge, and the ownership of the deposit is transferred to the receiver when it is delivered.
5. The difference amounts are different. If the deposit is not stipulated, it shall be subject to the agreement of the parties and may be higher than the price, while the deposit is 20% of the amount and cannot be higher than the price of the subject matter;
6. Whether the penalty is applicable is different. There is no penalty for the deposit. If the deliverer fails to perform its obligations, it has no right to recover the deposit. If the receiver fails to perform the contract, it does not bear the responsibility of double return (also different from the advance payment, if the deliverer breaches the contract, the advance payment will be returned; the deposit will not be returned), and the deposit is subject to the penalty for the deposit.
Civil Code
Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's right. 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.
