Can the contract margin be refunded?
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Can the contract margin be refunded?
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Whether the contract margin can be refunded shall be subject to the contract.
The contract margin refunded the specific division of the following situations:
1. If the deposit is clearly agreed to be refunded, it can be refunded, but the refund conditions required by the law must be met. After the parties to the contract are fulfilled in accordance with the contract, the party who receives the deposit will return the deposit;
2, if the contract breach, the deposit will not be refunded or double the security deposit. The amount of the deposit is agreed by the parties, but it must not exceed 20 % of the subject contract, and the more than the part does not generate the efficiency of the deposit. If the actual amount of deposit is more than or less than the agreed amount, it is deemed to be the amount of deposit agreed. If the parties' defaults cause the facts of damage, the contract is caused by the contract, and the deposit must be accepted.
The deposit penalties refer to the party who pays the fund not fulfilling the debt or the performance of the debt does not meet the agreement, so that the contractual purpose cannot be achieved, and there is no right to refund the deposit. If the party who accepts the deposit does not fulfill the debt or the performance of the debt is not in line with the agreement, so that the purpose of the contract cannot be achieved, it shall double the deposit. The facts of damage refer to the parties' breach of contract to the other party's damage and other unfavorable consequences. From the perspective of rights, as long as there is a breach of contract, the rights of contract creditors cannot be realized or cannot be fully realized, and their losses have occurred. In the case of the breach of contract with the contract, there is no need to consider whether the other party is really damaged and damaged. In the case of the need to pay compensation, the actual damage that the parties suffer must be considered.
[Legal basis]
"The Code of the People's Republic of China"
. Article 587 If the debtor performs the debt, the deposit shall be worth the price or recovered. The party who pays the deposit does not fulfill the debt or the performance of the debt is not in line with the agreement, so that there is no right to refund the deposit if the contractual purpose cannot be achieved; if the party who accepts the deposit does not fulfill the debt or the performance of the debt does not meet the agreement, it shall double the purpose of the contract. Deposit. The parties may agree on the guarantee of the other party to pay the fixed deposit as a creditor's right. The deposit contract is established from the actual delivery of the deposit. The amount of the deposit is agreed by the parties; however, it must not exceed 20 % of the subject contract, and the excess of the part does not generate the effectiveness of the deposit. If the actual amount of deposit is more than or less than the agreed amount, it is deemed to be the amount of deposit agreed.