3 thoughts on “How can I buy a deposit when I buy a diamond ring?”
Jeremy
I do n’t want to buy the deposit when I buy a diamond ring. I need to bear a certain liability for breach of contract. Legal analysis The liability for breach of contract refers to civil liabilities that the parties do not fulfill their contractual obligations or perform their contractual obligations that do not meet the contract and should bear in accordance with the law. The liability for breach of contract is an important form in the responsibility of the contract. The liability for breach of contract is different from the consequences of invalid contracts. The establishment of the liability for breach of contract is based on the premise of effective contracts. The liability for breach of contract is also different from the liability for infringement, and it can be agreed in advance by the parties when the contract is concluded; it belongs to a kind of property liability. A default is a behavior that the parties do not fulfill their contractual obligations or perform their contractual obligations that do not meet the agreed conditions. The main body of the breach of contract is the party parties. The contract is relatively relative, and the act of violating the contract can only be the behavior of the contract parties. If the party's behavior is violated due to the behavior of the third party, for the contract party, it can only be a breach of contract for the parties who violate the contract. The behavior of the third party does not constitute a breach of contract. Defense is a objective violation of the contract. The determination of the default act is objective to whether the party's behavior is objectively complied with the agreed behavior or contractual obligation, regardless of the subjective state of the person. The object of infringement of the contract is the claims of the other party. Due to the occurrence of breach of contract, the creditor's claims were unable to realize, which infringed the claims. Can't perform. It is also called payable that the debtor has no ability to perform objectively, or the law prohibits debt performance. In a contract that provides labor services, debtors have lost their ability to work and cannot be fulfilled. In a contract with a specific object as a target, the specific object is damaged and lost, and the composition cannot be fulfilled. The legal basis "The Code of the People's Republic of China" Article 593 If the parties cause a default due to a third party, they shall bear the liability for breach of contract according to law. The dispute between the parties and the third party shall be dealt with in accordance with the law or in accordance with the agreement.
Hello, your deposit is not returning; The contract law of the People's Republic of China 1999 115: The parties may agree to the other party in accordance with the "People's Republic of China Guarantee Law" N deposit as a guarantee for claims. After the debtor fulfills its debt, the deposit shall be offset or recovered. If the of the payment of the deposit does not fulfill the agreed debt, there is no right to refund the deposit; the party who receives the deposit does not perform the agreed debt , and the deposit should be doubled.
1. If the deposit contract has been signed, the contract is clearly stipulated, the contract shall prevail; 2, if the deposit contract is not signed, the deposit will not be returned by default, but it is important to return the subjective intention. Even if the contract is signed, as long as the other party agrees, it can be refunded; 3, according to the provisions of the contract law, if it is the following situation, it can be clearly required to refund the deposit: Article 115 of the Contract Law Article 115 The parties may agree on the guarantee of the other party as a guarantee in accordance with the "Gundling Law of the People's Republic of China" as a guarantee. After the debtor fulfills its debt, the deposit shall be offset or recovered. If the party who pays the deposit does not fulfill the agreed debt, there is no right to refund the deposit; if the party who receives the deposit does not perform the agreed debt, the deposit shall be doubled. 116 The parties agreed on both liquidated damages and deposits. When one party breaches the contract, the other party may choose to apply a liquidated damage or deposit clause. 117 If the contract cannot be fulfilled due to force majeure, some or all of the responsibilities are exempted from the influence of force majeure, except for other provisions of the law. If the parties delay the performers, the permanent resistance cannot be exempted from responsibility. This referred to in this law refers to the objective situation that cannot be foreseeed, cannot be avoided and cannot be overcome. 118 If the party cannot perform the contract due to force majeure, the other party shall promptly notify the other party to reduce the losses caused to the other party and provide proof within a reasonable period. 119 After the parties breach of the contract, the other party shall take appropriate measures to prevent the expansion of losses; if there is no appropriate measures to expand the loss, the losses shall not be compensated. The reasonable expenses of the parties due to the prevention of losses from expanding their losses shall be borne by the offenders.
I do n’t want to buy the deposit when I buy a diamond ring. I need to bear a certain liability for breach of contract.
Legal analysis
The liability for breach of contract refers to civil liabilities that the parties do not fulfill their contractual obligations or perform their contractual obligations that do not meet the contract and should bear in accordance with the law. The liability for breach of contract is an important form in the responsibility of the contract. The liability for breach of contract is different from the consequences of invalid contracts. The establishment of the liability for breach of contract is based on the premise of effective contracts. The liability for breach of contract is also different from the liability for infringement, and it can be agreed in advance by the parties when the contract is concluded; it belongs to a kind of property liability. A default is a behavior that the parties do not fulfill their contractual obligations or perform their contractual obligations that do not meet the agreed conditions. The main body of the breach of contract is the party parties. The contract is relatively relative, and the act of violating the contract can only be the behavior of the contract parties. If the party's behavior is violated due to the behavior of the third party, for the contract party, it can only be a breach of contract for the parties who violate the contract. The behavior of the third party does not constitute a breach of contract. Defense is a objective violation of the contract. The determination of the default act is objective to whether the party's behavior is objectively complied with the agreed behavior or contractual obligation, regardless of the subjective state of the person. The object of infringement of the contract is the claims of the other party. Due to the occurrence of breach of contract, the creditor's claims were unable to realize, which infringed the claims. Can't perform. It is also called payable that the debtor has no ability to perform objectively, or the law prohibits debt performance. In a contract that provides labor services, debtors have lost their ability to work and cannot be fulfilled. In a contract with a specific object as a target, the specific object is damaged and lost, and the composition cannot be fulfilled.
The legal basis
"The Code of the People's Republic of China" Article 593 If the parties cause a default due to a third party, they shall bear the liability for breach of contract according to law. The dispute between the parties and the third party shall be dealt with in accordance with the law or in accordance with the agreement.
Hello, your deposit is not returning;
The contract law of the People's Republic of China 1999
115: The parties may agree to the other party in accordance with the "People's Republic of China Guarantee Law" N deposit as a guarantee for claims. After the debtor fulfills its debt, the deposit shall be offset or recovered. If the
of the payment of the deposit does not fulfill the agreed debt, there is no right to refund the deposit; the party who receives the deposit does not perform the agreed debt
, and the deposit should be doubled.
1. If the deposit contract has been signed, the contract is clearly stipulated, the contract shall prevail;
2, if the deposit contract is not signed, the deposit will not be returned by default, but it is important to return the subjective intention. Even if the contract is signed, as long as the other party agrees, it can be refunded;
3, according to the provisions of the contract law, if it is the following situation, it can be clearly required to refund the deposit:
Article 115 of the Contract Law Article 115 The parties may agree on the guarantee of the other party as a guarantee in accordance with the "Gundling Law of the People's Republic of China" as a guarantee. After the debtor fulfills its debt, the deposit shall be offset or recovered. If the party who pays the deposit does not fulfill the agreed debt, there is no right to refund the deposit; if the party who receives the deposit does not perform the agreed debt, the deposit shall be doubled.
116 The parties agreed on both liquidated damages and deposits. When one party breaches the contract, the other party may choose to apply a liquidated damage or deposit clause.
117 If the contract cannot be fulfilled due to force majeure, some or all of the responsibilities are exempted from the influence of force majeure, except for other provisions of the law. If the parties delay the performers, the permanent resistance cannot be exempted from responsibility.
This referred to in this law refers to the objective situation that cannot be foreseeed, cannot be avoided and cannot be overcome.
118 If the party cannot perform the contract due to force majeure, the other party shall promptly notify the other party to reduce the losses caused to the other party and provide proof within a reasonable period.
119 After the parties breach of the contract, the other party shall take appropriate measures to prevent the expansion of losses; if there is no appropriate measures to expand the loss, the losses shall not be compensated.
The reasonable expenses of the parties due to the prevention of losses from expanding their losses shall be borne by the offenders.