1. Can margin be refunded 1. The security deposit can generally be refunded. The security deposit is a guarantee nature, and the guarantee agreement is affiliated to the main contract. If the obligation of the main contract is fulfilled, the guarantee responsibility during the guarantee period can be exempted, and the security deposit should be refunded. The contract margin can generally be refunded after both parties basically fulfilled the content of the contract. 2. Legal basis: Article 600 of the People's Republic of China Code The content of the guarantee contract generally includes the types and amounts of the main creditor's rights, the term of the debtor to perform the debt, the guarantee is guaranteed Methods, scope and periods, etc. Article 687 If parties agreed in the guarantee contract that when the debtor cannot perform the debt, the guarantor shall bear the guarantee of guarantee, which is a general guarantee. The general guarantee guarantor has the right to refuse to assume guarantee liability for the creditors before the debtor's property is not tried or arbitrated, and the debtor's property is still unable to perform the debt according to law. R n (1) The whereabouts of the debtor are unknown, and there is no property to execute; (2) The people's court has accepted the debtor's bankruptcy case; Debt or loss of debt capacity; (4) Guarantee in writing indicate the right to abandon the prescribed in this paragraph. . What to deal with the deposit without refunding 1. Adopt friendly negotiation between the two parties; 2, apply for mediation to the people; Civil lawsuits and other methods are resolved.
1. Can margin be refunded
1. The security deposit can generally be refunded. The security deposit is a guarantee nature, and the guarantee agreement is affiliated to the main contract. If the obligation of the main contract is fulfilled, the guarantee responsibility during the guarantee period can be exempted, and the security deposit should be refunded. The contract margin can generally be refunded after both parties basically fulfilled the content of the contract.
2. Legal basis: Article 600 of the People's Republic of China Code
The content of the guarantee contract generally includes the types and amounts of the main creditor's rights, the term of the debtor to perform the debt, the guarantee is guaranteed Methods, scope and periods, etc.
Article 687
If parties agreed in the guarantee contract that when the debtor cannot perform the debt, the guarantor shall bear the guarantee of guarantee, which is a general guarantee.
The general guarantee guarantor has the right to refuse to assume guarantee liability for the creditors before the debtor's property is not tried or arbitrated, and the debtor's property is still unable to perform the debt according to law. R n (1) The whereabouts of the debtor are unknown, and there is no property to execute;
(2) The people's court has accepted the debtor's bankruptcy case; Debt or loss of debt capacity;
(4) Guarantee in writing indicate the right to abandon the prescribed in this paragraph.
. What to deal with the deposit without refunding
1. Adopt friendly negotiation between the two parties;
2, apply for mediation to the people; Civil lawsuits and other methods are resolved.