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- 定金
定金
dìng jīn
Meaning
- down payment
- advance payment
Definition
定金是指合同当事人为了确保合同履行,由一方预先支付给另一方的款项,具有担保性质。根据《民法典》,定金合同自实际交付定金时成立,给付定金的一方不履行债务的,无权请求返还定金;收受定金的一方不履行债务的,应当双倍返还定金。
A deposit is a sum of money paid in advance by one party to another as a guarantee for the performance of a contract. According to the Civil Code, the deposit contract takes effect upon actual delivery. If the party who paid the deposit fails to perform, they may not demand its return; if the party who received the deposit fails to perform, they must repay double the amount.
Usage
定金常用于买卖、租赁、服务等合同,以约束双方履行义务。注意与“订金”区分,定金具有法律担保效力,而订金通常仅为预付款。实际使用中,定金金额一般不超过合同总金额的20%。
Deposits are commonly used in contracts for sales, leases, and services to bind both parties to their obligations. It should be distinguished from '订金' (earnest money), which is merely an advance payment. In practice, the deposit amount generally does not exceed 20% of the total contract value.
Examples
- 1 买房时,我需要支付10万元的定金。(When buying a house, I need to pay a deposit of 100,000 yuan.)
- 2 租车时,公司要求预付1000元定金,以确保车辆按时归还。(When renting a car, the company requires a prepaid deposit of 1,000 yuan to ensure the timely return of the vehicle.)
- 3 我们向供应商支付了定金,以保证按时发货。(We paid a deposit to the supplier to guarantee on-time delivery.)
- 4 由于买方违约,卖方有权没收定金。(Due to the buyer's breach of contract, the seller has the right to forfeit the deposit.)
- 5 根据民法典,定金不得超过主合同标的额的20%。(According to the Civil Code, the deposit shall not exceed 20% of the principal contract amount.)
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