Joke Collection Website - Mood Talk - What should I do if I don't refund the deposit on the car? I paid a deposit of 5000 yuan, and the date he told me has passed. What if the car hasn't received the deposit yet?
What should I do if I don't refund the deposit on the car? I paid a deposit of 5000 yuan, and the date he told me has passed. What if the car hasn't received the deposit yet?
According to the Contract Law of People's Republic of China (PRC):
Article 1 13 Scope of damages
If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Operators who provide commodities or services to consumers are fraudulent shall be liable for damages in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Article 1 14 liquidated damages
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Article 1 15 Deposit
The parties may, in accordance with the People's Republic of China (PRC) Guarantee Law, 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 the Contract Law of People's Republic of China (PRC):
Article 107 Liability for breach of contract
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Article 108 Refusal to perform
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
Article 109 Liability for breach of a monetary debt contract
If one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.
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