Study On Contract Of Deposit

Contract of Deposit exists widely in our daily life. A merchant may sign one Contract of Warehouse with one warehouseman. A consumer may deposit what he or she carries with one supermarket, hotel, restaurant, etc. Even an ordinary civil subject may ask his or her neighbor to take care of his or her property. So, the universality of Contract of Deposit is out of question.The rights and obligations between the interested parties are vital things in every contract. If we want to set them clearly, scientific, concrete regulations concerning must be laid down. The regulations of Contract of Deposit need these characters undoubtedly. But when we study the Contract Law of the People's Republic of China (hereinafter referred to as the Contract Law), we will find the rules concerning the Contract of Deposit are very rough and vague. Lack of clear definition of the rights and obligations of the interested parties in the Contract of Deposit and lack of rules on Special Contract of Deposit are the two biggest problems. The author tries to expound his views on these problems and then, put forward his own suggestions for legislations.This dissertation is divided into three chapters altogether.Chapter one :"The thorough study on Contract of deposit."In section one, the author makes an introduction to Contract of Deposit. The introduction includes five aspects, the characteristics of Contract of Deposit, the differences between Contract of Deposit and some other similar contracts, the classification of Contract of Deposit. In section two, the paper makes a thorough study on the rights and obligations concerning the interested parties in the contract. As the curator is concerned, his obligations lie in preserving the res of the contract mainly. These obligations includes the proper duty of care to res. Different kind of Storage Contract has different kinds of requisitions of duty of care. If the curator failed to meet these requisitions and let the property derogates or loss, he will be asked to compensate...