The parties may agree that one party pays a deposit to the other party as security for the obligation owed to the creditor. The deposit contract shall be formed when the deposit is actually delivered. 当事人可以约定一方向对方给付定金作为债权的担保。定金合同自实际交付定金时成立。 The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the value of the subject matter of the principal contract, and any excess shall be without the effect of deposit. If the amount of the deposit actually delivered is more or less than the agreed amount, the agreed amount of the deposit shall be treated as being modified. 定金的数额由当事人约定；但是，不得超过主合同标的额的百分之二十，超过部分不产生定金的效力。实际交付的定金数额多于或者少于约定数额的，视为变更约定的定金数额。