"renovation contract deposit is generally not refundable, and the deposit contract is a subsidiary contract of the main contract. The failure to establish or take effect of the deposit contract shall not affect the effectiveness of the main contract. 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 double the deposit. "
Characteristics of deposits:
1. The relationship between rights and obligations of the deposit originates from the deposit contract.
2. Deposit is a typical form of debt guarantee.
3. Deposit guarantee is a kind of guarantee for both parties.
The deposit should be paid before the performance of the contract.
The difference between deposit and advance payment:
1. The deposit is different from the advance payment: the deposit has the function of guarantee, and if the purpose of the contract cannot be achieved due to non-performance of the debt or non-compliance with the contract, the penalty for the deposit shall apply. But the advance payment is only the advance payment under the condition of normal delivery of the subject matter or normal provision of labor services.
2. In case of shortage, the party paying the advance payment can pay the remaining price; If the party that delivered the subject matter or provided the service breaches the contract, the party that paid the advance payment shall have the right to request the return of the advance payment.
(B) the difference between deposit and deposit
Legal basis: Article 586 of the Civil Code 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. The deposit contract is established when the deposit is actually paid.
The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.