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On the Application of Deposit Penalty

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On the Application of Deposit Penalty


        

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  • 2024-05-25 23:01:34

    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 has performed his obligation, the deposit shall be set off against the price or recovered.

    If the party who pays the deposit fails to perform its agreed obligations, it shall not have the right to demand the return of the deposit; If the party receiving the deposit fails to perform its agreed obligations, it shall return twice the amount of the deposit.

    [Legal basis] Article 587 of the Civil Code states that if the debtor performs its obligations, the deposit shall be set off against the price or recovered.

    If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall not have the right to request the return of the deposit;

    If the party receiving the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit.

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