Dissertation Of Covenant Deposit And Its Purview Of Guarantee

Covenant deposit is used widely in practice, but we can find only few prescriptions about it in the code. Covenant deposit often relates to some contracts which contain much money such as the contract of realty business. Because of the shortness of prescription, the dissension and the fraud of covenant deposit are common, but the judgments of court often have flaws. Aiming at a series of questions of covenant deposit both in theory and practice, combining subscribe-writ and its deposit in, this article discourses upon covenant deposit and its purview of guarantee roundly in detail and puts forward some particular opinions about fine of covenant deposit, so that we can understand and use covenant deposit better.This article contains five chapters:Chapter one: the basic theories of deposit. This chapter is the basis of the whole article. It introduces the origin, concept, characters, qualities and five types of deposit briefly.Chapter two: summarization of covenant deposit. This chapter is about the basic theories of covenant deposit. It expatiates on the concept, characters and force adeffect of covenant deposit, how to let it become effective and distinguish it from other deposits and advance payment.Chapter three: how to confirm purview of guarantee. Beginning with the theories of precontract, it describes the relationship of covenant deposit, precontract and contract, therefore comes to a conclusion that precontract determines purview of guarantee and purview of guarantee determines if fine of deposit needs to be used or not. This is just the creationary opinion of this article.Chapter four: example of dissension of covenant deposit. Combining examples...