Research On The Deposit

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:The first chapter is the summary of the deposit institutions and the main problem of our country's deposit legislation. Part one is the summary of the deposit institutions, which includes that the meaning of the deposit is made clear by clearing-off deposit, and the author analyses the main characters of deposit; part two , the author introduces some relative legislations both civil law countries and common law countries; part three , the author puts forward the main problems of our country's deposit legislation.The second chapter is the key point of the paper, which is the legal theory analysis of the deposit institutions. Part one is the nature of the deposit, first the author introduces theories of the nature of the deposit, which mainly includes the theory of public law relationship and the theory of private law relationship; second the author differentiates and analyses the above two theories, and refutes the theory of public law relationship; third the author puts forward the theory of agency. Part two is the analysis of prerequisites for the implementation of deposit, which include the legal reason for deposit, the target objects must be those that should be delivered according to the contract or law and suitable for deposit, the parties of deposit must be also suitable. Part three is the analysis of the procedures of deposit. The author draws a conclusion analytically about the deposit procedures, which include the depositor makes an application to the deposit body at the place where the debt should be fulfilled, the deposit body investigates it, then the debtor refers the target object, meanwhile, the deposit body will issue to him a certificate. Thereafter, the deposit body will inform the receiver, and finally the creditor will fetch the target object. Part four is the legal effects of the deposit, which include the exterminate of the debt, the delivery of the right of ownership and the risk of the target, the burden of deposit cost.The third chapter is the legislative propositions on the deposit institutions of our countries. First the author agrees with the mode of the Taiwan's legislation to draw up the deposit substantial law and the deposit procedural law. The former should be ruled in the general principles of the debt law and the latter should be ruled in the special law of deposit. Second the author puts forward some concrete advises, which include the legal reason, the procedure, the legal effect and the duty of the deposit.