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The change of one word of deposit subscription cash pledge differs to unscramble

From;    Author:Stand originally

One, " deposit " with " subscription "

Alleged deposit, it is to point to contract party to ensure of the contract fulfill, basis law sets or party agrees bilaterally, fulfill after when the contract concludes, perhaps concluding by party one party before, the one certainty ratio of the forehead according to contract award (do not exceed 20%) , give beforehand the money that pays a the opposing party or its replace content. Deposit contract is be subject to master contract from the contract, the premise that its establish is master contract has established become effective.

"Deposit " in jural have clear idea: The assurance that its since honors the agreement, it is one kind pays, still be a kind of compensation at the same time, show through paying the money of certain amount to come contract both sides is intended namely and should fulfil signed contract sincerely, if buy a house person break a contact, deposit is not retreated, if develop business beak a contract, be about to buy Fang Shuangbei to return return deposit. Be in jural 20% what proclaimed in writing stipulates the acute forehead of deposit cannot exceed contract total prices.

Buy estate adviser expresses, trade in house property in the process, subscription just pays one kind of imprest property, do not have the quality of deposit. Accordingly, sign in the person that buy a house " purchase in advance temporarily agreement " when, building of true purchase in advance adds up to identical master contract formally to whether can hold water, still be in a kind of not certain state, this and deposit contract are having major difference. Accordingly, subscription of purchase in advance is not deposit, deposit is punished criterion also of course cannot applicable. The mainest distinction of subscription and deposit is applicable deposit punishs deposit criterion, one party break a contact ought to times doubler return return deposit or have no right to ask to return return deposit, and such subscription is applicable punishing criterion, can exist only return return or develop the action that supports cost.

"Subscription " in jural set without proclaimed in writing. Appear in building subscribe book " subscription " , its owner or compensation are home remedy merely, it is the person that buy a house assure to what open hair trade. If,developing business break a contact times doubler return returned problem to go up to be not made clear. If develop business beak a contract, should return subscription only can.

"Deposit " the legal concept that is a standard, it is one kind assures formal; and " subscription " be not legal language, without specific legal provision, be regarded as imprest commonly in trying practice. If of buyer consign is,both legal effectiveness also is completely different; " deposit " , so buyer break a contact criterion deposit confiscates the bargainor, bargainor break a contact criterion must to buyer times doubler return if of buyer consign is,return deposit; " subscription " , so no matter which one party goes back on his word, bargainor simply original number is returned " subscription " .
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