According to the law, if the parties have paid the lien, deposit, deposit, contract payment, deposit or deposit, but the nature of the deposit has not been agreed, and the parties claim the right of deposit, the people's court will not support it. Do you know how to refund the deposit of the contract? I sorted out the relevant legal knowledge for you. Let's take a look together. I believe it will help you.

1. How to refund the contract deposit?

The contract deposit shall be returned to the other party after the termination of contract rights and obligations.

According to Article 118 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC), the people's court will not support the delivery of retention money, guarantee money, deposit, contract money, deposit or deposit, but there is no agreement on the nature of the deposit.

According to Article 587 of the Civil Code, which came into effect on 202 1, if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, thus the purpose of the contract cannot be achieved, it shall return the deposit twice (SRC = "/flimg/ Shi Zhi/cacbad/1642061288738 _ 8516055718b5d3. Second, the project bond contract

Client: _ _ _ _ _ _ _ _ (Party A) Bank: _ _ _ _ _ _ _ _ _ (Party B) Employer: _ _ _ _ _ _ _ _ _ (Party C) Construction management shall be implemented in accordance with Document No.7 of the Ministry of Construction, the Construction Department of the Ministry of Finance and the Financial Secretary [2005]. Through negotiation among the three parties, Party A entrusts Party B to set up a special account for "quality deposit" for Party C when the construction project is completed and accepted. In order to clarify the responsibilities and obligations of the three parties, the three parties jointly signed the Management Agreement on Quality Warranty of Construction Projects.

As follows:

(1) Party A entrusts Party B to open a special account for the "quality guarantee fund" of construction project for Party C, and Party C will deposit the "quality guarantee fund" into Party B according to the terms stipulated in the construction contract, and Party B will set up a special account for construction project and sign the receipt of payment notice.

(2) The "quality deposit" deposited by Party C can only be used for project maintenance, and will be returned to the project contractor after the expiration of the project defect liability period, and shall not be used for other purposes.

(III) If the original responsible unit fails to perform maintenance duties within the specified time due to quality defects in the construction project, and Party A entrusts a unit with corresponding qualifications to carry out maintenance, the actual expenses can be paid from the "quality guarantee", and Party B can pay maintenance funds to the maintenance unit only after receiving a written notice from Party A. ..

(IV) When the project reaches the expiration of the defect period and it is confirmed that there are no quality defects in the warranty items related to the project, Party C shall sign an agreement on the application for the return of the "quality deposit" put forward by the contractor, and send a copy to Party A. Party B shall pay the "quality deposit" to the project contractor only after receiving the written notice of the return of the "quality deposit" from Party A..

(V) If Party B returns or misappropriates the "quality deposit" without receiving the written notice of returning or paying the project maintenance fee from Party A, all legal responsibilities arising therefrom shall be borne by Party B..

(VI) Matters not covered in this Agreement shall be handled in accordance with _ _ _ _ _ _ documents and relevant laws and regulations.

(VII) This Agreement is made in triplicate, with Party A, Party B and Party C holding one copy respectively, and it will take effect after being signed and sealed by the three parties. Party A (signature): _ _ _ _ _ _

Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing place: _ _ _ _ _ _ _ _ _

Signing place: _ _ _ _ _ _ _ Party C (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Attachment: The notice (receipt) for the account opening of the "quality deposit" for construction projects is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

A "security deposit" of _ _ _ _ _ yuan must be deposited. Bank of deposit: _ _ _ _ _ _ (seal) Special account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

3. What is the contract deposit?

Contract deposit refers to the agreement of signing a contract.

At present, there are basically three kinds of contract deposits that often appear:

(a) commercial contract deposits are now mostly used for joining, contracting projects and other commercial activities. According to the provisions of the Contract Law, when signing a commercial contract, if the contract terms mention the contract deposit, the contract deposit in the contract belongs to the agreement and is protected by law, and shall be handled in accordance with the agreement in the contract that takes effect when both parties perform the contract.

(two) the contract deposit in the labor contract. The "Labor Law" clearly stipulates that when an employer concludes a labor contract with an employee, it shall not collect a deposit, security deposit or mortgage payment from the employee in any form. In violation of the above provisions, the Ministry of public security and the labor administrative department shall order the employer to immediately return it to the employee himself. Failing to pay, it may not be paid. If the payment has been made, the employer may be required to return it or report it to the local labor administrative department. If there is any dispute, you can apply for labor arbitration within 60 days from the date of the dispute. This contract deposit is invalid and illegal.

(3) the deposit of the lease contract. When renting a house, the lessor may agree with the lessee to collect the lease contract deposit, and when renting a house, the lessor may agree with the lessee to collect the lease deposit. Lease deposit is a performance guarantee measure, which refers to the lease deposit agreed by the lessor and the lessee according to the lease term, rent payment term, house use, maintenance responsibility and other factors. At this time, the contract is legal and should be handled according to the agreement when performing the contract.

The above is the relevant knowledge for you. I believe that through the above introduction, you will know more about "how to refund the contract deposit". If you have any other legal questions, please consult a lawyer in time.