What is the meaning of one of the escrow items of contract termination in civil law? Easy to understand, I can't understand the theory.

Simply put, when the other party does not accept it or cannot accept it, it deposits it with the relevant authorities (mostly branches of the Public Security Bureau), which means keeping it and paying the safekeeping fee. It is of little practical significance, because the "relevant organs" only accept what they like, and those they don't like don't accept escrow.

escrow means that when the creditor refuses to accept the performance without justifiable reasons, or cannot find the creditor and cannot perform, the debtor submits the subject matter to the relevant department for preservation in accordance with the law.

1. Reasons for escrow

According to the contract law, if it is difficult to perform the debt under any of the following circumstances, the debtor may place the subject matter in escrow:

(1) The creditor refuses to accept it without justifiable reasons. The creditor's refusal to accept the subject matter without justifiable reasons means that the creditor has the obligation to accept the payment of the subject matter but refuses to accept the subject matter without justifiable reasons. Receiving the subject matter is not only the creditor's right, but also its due obligation. The creditor's refusal to accept the subject matter without justifiable reasons belongs to the creditor's breach of contract. In this case, even if the debtor performs it properly, the creditor refuses to accept it and fails to pay the debt, which makes the debtor wait indefinitely and causes undue damage to it. Therefore, after refusing to accept it, only allowing the debtor to deposit it is the best way and measure to take into account the interests of both the debtor and the creditor.

(2) The whereabouts of the creditor are unknown. The whereabouts of the creditor are unknown, including the following situations: First, the creditor is unclear and the address is unknown; Second, the creditor is missing (declared missing) and its heir is unclear. The first case, not only refers to the creditor's unclear address, but also includes the creditor's agent's unclear address, otherwise, the debtor can perform the debt to the creditor's agent. In the second case, the creditor is missing and there is no custodian, because if there is a property custodian, the debtor can pay the custodian.

(3) The creditor dies (or disappears) or loses the capacity to act without determining the successor or guardian or successor.

(4) Other circumstances stipulated by law. For example, the creditor delayed receiving the subject matter, the creditor was not in the place where the debt was performed and could not receive it at the place where it was performed, the creditor was unclear, and the creditor's address was unknown.

2. Subject matter in escrow

The subject matter in escrow is the subject matter that the debtor should pay according to the provisions of the debt. Deposit should be based on the original purpose of the debt, otherwise it will not have the effect of eliminating the debt. Therefore, when the debtor is in escrow, it shall not deliver the inconsistent subject matter to the escrow agency.

the subject matter in escrow shall be limited to those suitable for escrow. As the object of escrow, specific objects or species can be used, but it should be limited to movable property. Article 7 of the Rules for Notarization of Escrow stipulates the following types: currency; Securities, bills, bills of lading and certificates of title; Valuables; Collateral (gold) or its substitute; Other subject matter suitable for deposit.

if the subject matter is not suitable for escrow or the escrow fee is too high, the debtor may auction or sell the subject matter according to law and escrow the proceeds.

3. Conditions for escrow

According to Article 13 of the Rules for Notarization of Escrow, escrow must meet the following conditions:

(1) The depositor has the capacity to act, and his will is true. The so-called depositor refers to the person who applies to the notary office for deposit in order to fulfill the obligation of repayment or guarantee (Article 2 of the Rules for Notarization of Deposit). As escrow is a legal act, it is necessary for the depositor to have the capacity to act when depositing. Because one of the effective elements of a legal act is that the expression of will is true, the depositor's expression of will for deposit should be true, and the depository is effective.

(2) The debt deposited is true and legal. Only when there is a real and legal debt can there be a deposit problem; If there is no debt relationship, there will be no problem of escrow, so the debt to be escrow is required to be true and legal.

(3) There are reasons for escrow, and there are objects suitable for escrow.

(4) the subject matter of deposit is consistent with the subject matter of debt. Escrow still belongs to the performance of debt, therefore, the subject of escrow must be consistent with the subject of debt, otherwise it is a breach of contract, not escrow. Paragraph 2 of Article 13 of the Rules for Notarization of Deposit stipulates: "If the subject matter of deposit is inconsistent with the subject matter of the debt or it is difficult to determine whether they are consistent at the time of deposit, the notary office shall inform the depositor. If the recipient refuses to accept the deposit for this reason, it will not have the effect of deposit. If the depositor still asks for deposit, the notary office can handle the notarization of deposit and record the above conditions. "

4. notice and announcement of deposit

according to the contract law, after the subject matter is deposited, the debtor shall promptly notify the creditor or his heirs and guardians, except where the whereabouts of the creditor are unknown.

Article 18 of the Rules for Notarization of Deposit stipulates: "The depositor shall promptly notify the consignee of deposit. If it is difficult to notify the escrow or the depositor for the purpose of repayment, the notary office shall, within seven days from the date of escrow, notify the escrow recipient in writing to inform him of the time, time limit, place and method of receiving the escrow. If the payee in escrow is unclear or his whereabouts are unknown, and the address is unknown, the notary office shall notify him by public announcement within 6 days from the date of escrow. The announcement shall be published in the legal newspaper of the country or the creditor's domicile in China, and the announcement shall be published three times in the same newspaper within one month. "

5. the effect of escrow

(1) the effect of escrow on the debtor. After the debtor or other person who has the right to pay off the debt has deposited the subject matter of the debt, whether the creditor accepts it or not, it will have the effect of debt elimination according to law. Where the creditor owes a due debt to the debtor, the escrow department shall refuse the creditor to receive the escrow item at the request of the debtor before the creditor fails to perform the debt or provide a guarantee.

(2) the effect of escrow on creditors. The creditor's right to receive the deposit shall be extinguished if it is not exercised within five years from the date of deposit, and the deposit shall be owned by the state after deducting the deposit fee. According to the Rules for the Custody of Evidence, the storage period of the following items is six months: those that are not suitable for long-term storage or will damage their value; The storage cost for six months exceeds 5% of the value of the goods.

during the period of escrow, the creditor may withdraw the escrow at any time. The risk of damage or loss of the subject matter after deposit shall be borne by the creditor. During the period of escrow, the fruits of the subject matter belong to the creditors. The deposit fee shall be borne by the creditor.

(3) the effect of escrow on the depository. After examining the subject matter deposited by the depositor, the depository organ decides whether to deposit it. If it is deposited, the deposit shall be properly kept and delivered when the creditor legally receives it.