Research On The State Of Right Of Bank Account Funds

Bank account funds refer to an amount of money-capital on the savings accounts opened by individuals, legal persons and social organizations. During the course of settlements of accounts, individuals, legal persons and social organizations, as depositors, deposit or transfer the money-capital by way of settlement of direct depositing or transferring. These funds are changed into bank account funds and the individual, legal persons and social organizations become the customers. However, what nature of right do the customers possess? Is it property right or credit? It has not been reached an agreement both in theoretical circles and in practical sector. One viewpoint is described like this: A customer enjoys property right of his bank account funds and he enjoys the right to control the funds directly, in other words, he enjoys ownership of bank account funds. The other viewpoint is described like this: A customer has transferred his ownership of the money-capital to the bank as soon as he deposits the money-capital he owns in the bank, so the customer only enjoys credit of bank account funds.For the two completely different viewpoints on the state of right of bank account funds, not only there exist disputes in theoretical circles, but also in judicial practice and banking practice. The long-term existence of such situation, firstly, is bad for a customer to accurately understand his right and influences his correct evaluation on the conducts of depositing and settling; secondly, it is bad for establishing a fair, just and stable financial order. So, deepen research on the state of right of bank account funds has great value in theory and practical significance.This article produces a viewpoint that on condition of marketeconomy, a customer enjoys credit of his bank account funds throughstudying out comparative research and theoretical analysis from themed basis and the theoretical foundation of the two viewpoints:property right theory and credit theory. The author also makes a researchthe significance, methods and realistic obstacles of the establishmentcredit theory on the determination of nature of the state of right ofthink account funds.