Study On Deposit Money Property Rights

Deposit dispute cases are becoming more and more popular in our daily life, but thereis no accordant understanding on the nature of the deposit relationship and theproperty rights of the depositor and the bank. Continental law system and commonlaw system hold deferent opinions on these issues, and there are even morecontroversies in our country. Therefore, it's quite necessary to proceed a complete andintegrate analysis on the deposit relationship and relevant parties' property rights.Constrained by traditional civil law theory, the relevant existing theories attempt toresolve every problem with the existing theoretic models, failing to recognize theshortage of interpretative abilities of the existing analytical tools when explainingdeposit relationship.This thesis analyzes the deposit relationship synthetically and roundly by payingmuch attention to the delicate transformation from fiat money to deposit money, andtaking the angle of view of society-standard and integrate social economic interest.Deposit money forms when the depositor deposit his fiat money into the bank account.Deposit money is a kind of derivative money, which evolves from the fiat moneyadding a deposit contract behavior. Deposit relationship is expanding around depositmoney but not the fiat money, so deposit legal relationship is actually a legalrelationship of deposit money property.This thesis fist discusses the deposit money's concept, legal nature and basiccharacters. Then based on the analysis on the existing theories concerning depositmoney property relationship, argues that deposit money property relationship is a newlegal relationship, it's the result of the bargaining activities of the depositor, bank,society and state. This legal relationship is quite synthetical, basically comprising fouraspects: property bailment relationship, money borrow-lend relationship, financialdeputizing relationship, and financial supervising relationship. Finally, this thesismakes a simple induction of the deposit money property rights of the depositor andbank.