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辽宁省华康公司黎曙光问: 1994年3月,我公司与沈阳某机床制造公司签订购销合同。根据合同约定,我公司交付了35万元定金作为履行合同的担保。后因该公司无力履行合同,我公司向其追索定金,因其无钱而一直拖延未还。最近,该公司因资不抵债宣告破产。法院要求债权人申报债权。对我公司的债权属于何种性质,公司内部有两种观点:一种观点认为属于有财产担保的债权,因为该债权是因为我公司提供的35万元定金担保形成的;另一种观点认为属于无财产担保的债权,因为提供担保的是我公司而不是破产公司。不知上述两种观点谁对,我公司的债权属于哪一种?
Li Shuguang, Liaoning Huakang Company Q: In March 1994, our company signed a sales and purchase contract with a machine tool manufacturing company in Shenyang. According to the contract, our company delivered a deposit of 350,000 yuan as a guarantee for the performance of the contract. After the company because of the inability to perform the contract, my company recourse to the deposit, because of its lack of money has been delayed. Recently, the company was declared bankrupt due to insolvency. The court asked creditors to declare their claims. The nature of the claims of our company belongs to two kinds of internal views: one is that the claims belong to the secured property, because the claims are secured by the deposit of 350,000 Yuan provided by our company; the other view is that Belongs to no property guarantee claims, because the guarantee is my company rather than a bankrupt company. I do not know who these two views, my company’s debt which one?