当前,许多单位和个人订立经济合同时或在合同履行前,为了保证合同的履行,常常由一方付给另一方一定数量的钱。这一定数量的钱,可为预付款,也可为定金,均取决于双方的约定。但二者在法律上却有本质的区别。 定金是法律规定的一种合同担保形式,具有预定赔偿的性质。根据法律规定,合同履行后,定金应当抵作价款或者收回。如果付定金的一方违约,他便无权要求对方返还定金。如果接 At present, many units and individuals often pay a certain amount of money to the other party at the time of conclusion of the economic contract or before the performance of the contract, in order to guarantee the performance of the contract. This amount of money, for the advance payment, but also for the deposit, are subject to the agreement of both parties. But the two are essentially different in law. The deposit is a form of contractual security provided by law and has the nature of a predetermined indemnity. According to the law, after the performance of the contract, the deposit shall be refunded or recovered. If the party paying the deposit defaults, he has no right to request the other party to return the deposit. If you answer