订金与定金 “订金”与“定金”在日常生活中的含义一般说来是等同的,即二者为等义关系。因此,《现代汉语词典》(商务印书馆1996)解释“订金”时说“定钱。也作定金。”解释“定金”时说“同‘订金’。”而所谓“定钱”,按《现代汉语词典》的释义,是指“购买或租赁时预先付给的,作为成交的保证”。这也就是说,在日常生活中凡是预先付给的,作为成交保证的钱既可以说“订金”也可以说“定金”。 其实从现行法律上说“订金”与“定金”的性质并不相同。“订金”属于预先支付的一部分价款,不具备担保的性质,而“定金”则具备担保的性质,并且有严格的设立条件。依据担保法的规定,当事人可以约定一方向对方给付定金作为债权的担保,债务人履行债务后,定金应当抵作价款或者收回。由于二者法律性质有别,因而在不履行约定时法律处理上差异较大:对“定金”而言,给付定金的一方不履行约定的债务时,无权要求返还定金;收取定金的一方不履行约定的债务时,应当双倍返还定金。然而对于“订金”而言,如果收取订金的一方不能履行约定,交付订金的一方只可要求返还订金而不能要求双倍返还。换言之,“定金”具备法律效力,而“订金”则不具备法律效力。 摘自“江苏畜牧兽医职业技术学院 语言文字网” Deposit and deposit "Deposit" and the "deposit" in the meaning of life is generally the same, that is, such as justice for the relationship between the two. Therefore, the "Modern Chinese Dictionary" (Commercial Press, 1996) explained "down payment" that "the money. Also for the deposit." Explain "deposit" say "with the 'deposit'." And the so-called "the money," according to " Modern Chinese Dictionary "definition, refers to" buy or rent paid in advance when, as a guarantee transactions. " That is to say, in their daily lives all the pre-paid, as were assurances that the money can "deposit" can be described as "deposit." In fact, from the existing law, said "down payment" and the "deposit" is not the nature of the same. "Deposit" is a pre-paid part of the purchase price, and do not have the nature, "deposit" with the nature, and the establishment of strict conditions. Based on the security law, the parties may agree to a direction of the other side as Fudingjin secured claims, the debtor to the debt, deposit for the purchase price or arrival should recover. The legal nature of the two are different and therefore do not fulfil a contractual deal with the time when the large difference: the "deposit", to Fudingjin the party does not fulfil a contractual debt, the right to request the return of deposit; charge deposit party does not fulfil a contractual debt , it should be double the return of deposit. However, the "deposit", the charge if the party is unable to perform the deposit agreement, the delivery of deposits may require only one party can not request the return of the deposit double the return. In other words, the "deposit" with the force of law, and "down payment" does not have the force of law. Excerpt from "Jiangsu Animal Husbandry and Veterinary Vocational and Technical College Language Network"
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