Legal analysis: the deposit can be refunded. 1. Return method: The deposit is not returned voluntarily, but you can apply for unfreezing the deposit after you decide not to continue opening the store, so that the deposit becomes the available balance in your Alipay for cash withdrawal or transfer. 2. Return time: The release time of the deposit is not fixed, and it must be released on the premise that your store has no effective rights protection period and no disputes.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 387 Where a creditor needs security in order to ensure the realization of his creditor's rights in civil activities such as lending, buying and selling, he may establish a security interest in accordance with the provisions of this Law and other laws.
If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property.
The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 425 Where the debtor or a third party transfers his movable property to the creditor to guarantee the performance of the debt, and the debtor fails to perform the due debt or the creditor has the right to be paid in priority for the movable property.
The debtor or the third party specified in the preceding paragraph is the pledger, the creditor is the pledgee, and the delivered movable property is the pledged property.
Do you think the online loan guarantee fee can be refunded?
Everyone knows that online lending is actually a very fast way to get a sum of money, so many companies will have a guarantee fee when providing online lending. Can the guarantee fee of online loan be refunded?
I. Relevant agreements
In fact, whether the guarantee fee for online loans can be refunded is stipulated in the contract. For example, on the platform of online loan, you have signed the corresponding contract and guarantee fee with this company, then we can do it according to the contract at this time. If the contract itself conforms to the law, we will act according to the contract. If the contract stipulates that the guarantee fee cannot be refunded in advance, then the guarantee fee cannot be withdrawn. Therefore, at this time, we also need to follow the rules to do things. Usually in our daily life, we must also keep the signed contract well.
Second, formal platform loans.
When making online loans, you must also remember to choose some formal platforms to participate. There are also many informal online lending platforms, so these platforms may steal your personal information, and the interests related to your loan on this online platform are not protected by law. If you have some interest disputes with this online lending platform at this time, these rights and interests will not be well protected. So at this time, if you have paid the corresponding online loan guarantee fee on this platform, you cannot sue at this time.
Third, the conclusion
However, although there are more and more online loan services and corresponding platforms, everyone must be cautious when choosing loans, because many online loan services are not very formal now. If you borrow money through an informal platform, your property or personal life may be threatened to a certain extent. So even if you want to choose a loan, you must choose some formal platforms that meet the rules, and don't trust those informal institutions easily.
Can the deposit be refunded?
The deposit can be refunded.
1. Return method: The deposit is not returned voluntarily, but you can apply for unfreezing the deposit after you decide not to continue opening the store, so that the deposit becomes the available balance in your Alipay for cash withdrawal or transfer.
2. Return time: The release time of the deposit is not fixed, and it must be released on the premise that your store has no effective rights protection period and no disputes.
Extended data:
Under the background of the lack of clear legal norms of margin financing and securities lending, this paper discusses the types of margin financing and securities lending, and discusses that the types of margin financing and securities lending are prepayment, prepayment, lease, decoration and deposit.
It is necessary to define the deposit with the right of return and the deposit with the effect of unparalleled return separately, and determine their respective legal effects. Generally speaking, the deposit can be refunded, and the specific events should be analyzed according to the specific events.
According to the provisions of Article 89 of the Guarantee Law of People's Republic of China (PRC), the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After 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 agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
According to Article 118 of the Contract Law of People's Republic of China (PRC), the parties have delivered retention money, security deposit, letter of guarantee, contract money, down payment or down payment, but the nature of the down payment has not been stipulated, so the people's court will not support it.
Can the online loan guarantee fee be refunded?
With the development of Internet, many loans can be made not only in banks, but also in small loans online, and some of these loans are guaranteed by law, but some don't even need to pay the guarantee fee. So in the face of these complicated websites, some people want to get back the guarantee fee they paid, so can the guarantee fee be refunded?
First, the relevant provisions of the contract.
First of all, personally, everyone's contract has a different style. As for the contract signed by the network guarantee fee, there are relevant provisions. If the contract conforms to the law, it needs to conform to the law. If there are no relevant clauses in the contract, you can claim your own guarantee fee through litigation agreement. The contract signed between them is very important, which also reflects from the side that when doing online loans, we must be optimistic about our contracts, understand the corresponding knowledge and ask the corresponding lawyers.
Second, do not participate in non-compliant online loans.
In the face of numerous complicated online loans, many of them do not meet the relevant regulations. The high average interest rate generally means that some young people repay their own online loans with a lot of interest. Faced with these online loans, they are not protected by law. The law only protects the amount of online loans within the scope of the law. Therefore, if these online loans do not meet the legal fees, then you can claim your own guarantee fee by suing.
Third, prudent lending.
In fact, relative to online lending, prudent lending is the most critical. Many online loans do not comply with the law. Only through formal institutions is the correct channel for lending. If you pass an incorrect loan, it may lead to the disclosure of your personal information, your family and yourself. Therefore, we must be cautious in lending, and don't trust those informal related institutions. If it gets stuck, it is often difficult to get out. Coupled with the loopholes in some institutions specializing in law, many people have hardships.