Xinhua net Shanghai on January 2 report (Zhang Haihong) the expert of conduct financial transactions of branch of Shanghai of Chinese construction bank with of recent " deposit " with " subscription " dispute case warns customer, dweller conduct financial transactions should notice to be on guard legal trap.
Case reviewing: Mr Yang signed subscribe book with respect to the house of a commodity of own pitch on and development business. Bilateral agreement, mr Yang rises 4 days at signing the day of subscribe book inside with development business signs contract of commodity house business to make a period house money. If Mr Yang was not signed on schedule contract or not on time consign is relevant money, development business has authority to sell the commodity house of Mr Yang subscribe separately do not return deposit. The autograph is made an appointment with that day, mr Yang handed in 40 thousand yuan, development business is noted on receipt have " subscription " two words.
At that time, the subscribe book photocopy that develops business to do not have affix one's seal gave Mr Yang. After 4 days, mr Yang was not handed in head pay, also did not sign the formal contract that buy a house with development business. Because development business is made clear 40 thousand yuan in receipt admiral,be " subscription " , mr Yang thinks this already turned deposit into imprest actually, reason accuses to the court the requirement is returned still. Classics cognizance, the court rejected the litigant request of Mr Yang.
In front courtyard careful, developed business to issue the subscribe book original of affix one's seal, the court thinks, although be made clear on receipt " subscription " 2 words, but the relevant agreement in signing subscribe book according to bilateral place, can hold deposit of these 40 thousand yuan of departments, write on receipt " subscription " still fasten deposit quality, imprest of and rather than.
The expert expresses, " top people court about applicable < People's Republic of China assures law > the explanation of a certain number of problems " the 118th regulation: "Party consign keeps buy gold, assure gold of gold, bail, contract, cash pledge or subscription, but do not have conventional deposit quality, party holds deposit right, people court does not grant to support. " Mr Yang signs a contract without warrant refus, reason should not honor the agreement to his behavior assumes responsibility. 40 thousand yuan of deposit that he makes are belonged to assure property, when its break a contact, development business has authority not to grant to return still.
China builds the lawyer analysis of bank Shanghai branch to say, look from legal angle, "Deposit " have double quality. Above all, can serve as a contract assure, in order to make sure the contract is fulfilled. Next, can have the proof effect that holds water to the contract. In addition, deposit serves as a Shuang Renjian, still have castigatory sex. With " deposit " photograph comparing, "Subscription " the concept is not normative, be in jural the quality that has imprest only, it is the one part of imprest, one kind be party pays a means, do not have assure property. The contract fulfills " subscription " can money of take out house, nonperformance also can exactly the amount is returned still. (be over) turn from: Xinhua net
Previous12 Next
