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We accept the Law of Urban Leases LAU.

penitential deposits

The penitential deposits are those that are delivered so that the reservation document (emails) can be legally broken (withdraw), that is, if one of the parties backs down, we are  before a "withdrawal". And this has its consequences.

The most immediate consequence is that since there is no non-compliance, article 1124 CC does not operate (as in the confirmatory deposit), so the person who desisted cannot be required to sign the lease, nor can compensation be requested for damages and damages.

The second consequence is that the assets of the person who has withdrawn must be reduced by the amount delivered as a deposit, in favor of the assets of the other party. Therefore, the consequences of withdrawal will be, as shown in the  article 1454 CC, the following:

  • If the person who delivered the deposit desists, they will lose them.

  • If the person who received the deposit desists, they must return duplicates to the person who delivered them.

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