The Deposit

Rising from the Roman law, deposit system was inherited, and developed by most civil law countries and regions. As a cause of debt, it is prescribed in their civil codes. Although China practiced this system at the beginning of the foundation of PRC, it disappeared quickly and hadn't resumed until the 1980's.Owing to the under-development of our legal system, the deposit system is still disorder and lack of system. There are different opinions about it. This article investigates the historical origin, definition, characters, conditions, legal relations, validity, value and function of deposit, and criticizes our deposit system as compared with civil law countries. Then, I also put forward my rough conceive on designing a more reasonable system. My article has 8 chapters except the preface.Chapter 1 primarily discusses the historical origin of deposit system. As a part of the Roman law's mora creditor theory, it was a kind of obligation the creditors should bear for his delay. This policy were highly valued by the law-makers and jurists for it could not only set the debtor free from the obligation but protect the creditor's rights and avoid the waste of social wealth as well. Chapter 2 has analyzed the definition and the legal characters of deposit. Generally speaking, deposit is divided into two types, payment deposit and guarantee deposit. Along with my partly acceptance of the general theory, I think guarantee deposit can not reflect the substantial character of deposit. Therefore, under most conditions, deposit means merely payment deposit, except that guarantee deposit has been indicated straightly. Hence, deposit is a kind of system to eliminate the debt. The debtor submits the object of the obligation to competent authorities when he can't performance the obligation because of the creditor's reason at the deadline, or when the conditions they agreed have fulfilled. After my research on the purpose of deposit, the characters and mission of the deposit department, the cause of deposit, the procedure to resolve the deposit dispute, my opinion is that the legal character of deposit is a kind of depositary relation in public law that generated by an administrative act, not a civil act, which related to the third party(the acceptor) and co - attended by the deposit department and the depositor(debtor). Chapter 3 discusses the conditions a deposit should fulfill. Deposit condition is a standard established by the law for deposit .In brief, deposit could be performance under what kind of conditions. The conditions includes special conditions ( substantial condition) and general conditions, the later are implied by deposit as a legal act. General conditions includes: qualified actors, intention expressed is genuine, and the debt must be legal. Special conditions includes: the legal cause of deposit and the object must be legally permitted.Chapter 4 analyzes the legal relations of deposit, and mainly discusses on two issues. The first one is the selection of deposit department. According to my opinion, deposit office should be founded in the basic court to deal with the deposit affairs. Meanwhile, the deficiencies that are likely to occur if we choose any other offices to be a deposit department have also been discussed in this chapter. The second issue is the object of deposit that tied up with the legal relations of deposit. In brief, the object must be a matter that technically adaptable and fulfill the request the contrast agreed. Neither doings, not doings, services, nor any other giving that implies personal rights could be contained in. Chapter 5 has introduced the deposit procedure in details. Deposit procedure is the rules the parties must obey. it primarily includes such steps as the debtor's apply, the deposit department 's censor, the object's received and filed, the office issued the certification of deposit, and notice the acceptor, the acceptor apply for, and then accept the object and etc. Chapter 6 has analyzed the validities deposit has, as a kind of...