Identification of Types of Deposits and Specific Application of the Deposit Rule——Interpretation of Articles 67 and 68 of The Judicial Interpretation of the General Provisions of Book Three Contract of the Civil Code
The Chapter of Liability for Breach of Contract in the General Provisions of Book Three Contract of the Civil Code only provides for the deposit for breach of contract,and does not provide for other types of depos-its.The Judicial Interpretation of the General Provisions of Book Three Contracts confirms that the deposit also includes the security,the contracting deposit and the cancellation deposit,with different legal adjustment func-tions,and recognizes their legal status and effects.For the identification of the deposit and its type,regardless of whether.the agreement is a retention money,security,earnest deposit,contracting deposit,security deposit or binder without specifying the deposit penalties,it is not a deposit.If a deposit is made but no type of deposit is agreed upon or the agreement is unclear,it is presumed to be a deposit for breach of contract.Disputes over deposit penalties shall be dealt with in accordance with Article 587 of the Civil Code.One party's fundamen-tal breach and the other party's minor breach shall not affect the application of deposit penalties;partial breach,as long as they do not constitute a fundamental breach,may request that the deposit penalties be applied on a pro rata basis.Force majeure constitutes a legitimate defence to the application of deposit penal-ties for non-performance of the debt.
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