Research On Deposit Institutions

In civil law, such actions as clearing-off deposit, offset, and relief etc are often stipulated as causes of the demise of debt, So it's of necessity to establish the systematic institutions for deposit to perfect the law of debt. Meanwhile, the deposit institutions will free debtors from the predicament of being unable to pay off the debt, and it is therefore conducive for the protection of the lawful interests of both parties concerning the debt, conducive for the acceleration of the circulation of goods and money, and also conducive for the promotion of the social economical efficiency. However, because the range of social relations regulated by deposit institutions is comparatively narrow, in addition, the negligence of it by some people, few scholars engaged themselves in the study of this field. Thus the original research of it has never been profoundly carried out, especially need to mention, controversies still exist in the connotation, properties, procedures, and organizational establishment of deposit institutions, and also there are legislative leaks in the institution itself in our country. Though it is the case, it is impermissible for a legal society to have social relations beyond the regulation of law. Moreover, legal systems should be preconscious, with feasibility in foreseeable future. I just dare myself approach the matter of deposit institutions on my humble opinions. Main contents of the dissertation: Partâ… :The origin and development of the deposit institutions and some relative legislative cases. About the former, beginning with the analysis of ancient law of Rome, the author points out the deposit institution derives from the stipulation in the law that "On condition that the creditor refuses to or cannot accept the target object, the debtor may refer it to a certain organization for deposit." And then, the author pays emphasis on the analyzing the legislative cases in such countries or districts as France, Japan, German, etc, also in British and American law systems, and the legislative practice in our country. Part II: Quality analysis of deposit institution. On the ground of analysis of several typical definitions of deposit, the author thinks professor Wang Jiafu's point of view is adoptable i.e. for the creditor's reason, When the debtor in no way offers him the target object, the target object can be referred to a deposit organization, and thus the debt demise. This is deposit institution. With regard to "the character of deposit institution", on basis of analysis of different opinions as "the character of public law" "the contractual quality of private law", and "the double relationship", the author views the institutions of deposit as belonging to private law. And three important features of deposit are discussed combining with concerning concepts like deposit storage and trust, and analyses the similarities and differences between them. Part III: Functions and significance of deposit. The author first analyses the meaning of its functions, and then its significance from four different aspects, i.e. the establishment of such an institution will be instrumental for the balance of the interests of the creditors and debtor, helpful for the exertion of the whole function of the creditor's rights, and conducive for the clearance of the source of suits and wrangles. It also coincides with the purpose of civil legislation of our country, embodies principles of good faith, and makes the problem that the debt fails to be implemented owning to the reasons of the creditors be legally solved. Part IV: Subjects and contents of the legal system of deposit. . About the "subjects", on analysis of the choice of deposit bodies in foreign countries with combination of intellectual stand of our country, the author raised his own point of view: deposit office should be the executive body. Part V: Prerequisites for the implementation of deposit. The author first makes a list of the relative stipulations of deposit in France, German, Japan and also in our country, with reference to...