A Study On The Collateral Obligations Of Bank Deposit Contract

The bank deposit contract is an assembled concept combined the deposit contract with the collateral obligations. Limited in the deposit contract, its collateral obligation is that the parties should burden the obligations of notification, assistance, confidentiality, and protection in the process of the contractual relations'development, following the principle of good faith and the law. The legal theory of the bank deposit attached with obligations is based on the principle of honest. As the principle is the legalization of the moral obligation, with uncertainty, resulting in the deposit contract with obligations in great uncertainty. Therefore, to clarify the collateral obligations of the deposit contract, it also needs the rational skills in certain types.Making a comprehensive view on China's Contract Law and Commercial Bank Law, and learning from Germany, France, Taiwan of China, the collateral obligations of deposit contract can be summarized as the following four types:the duty to inform, assist the obligation, the duty of confidentiality and protection of the obligations. To identify the contract accompanying obligations, it is necessary to consider the trading habits, the nature and the purpose of the contract and the specific situation, therefore, the identification must comply with the principle that the legal and agreement in priority, with comprehensive balance and proper limits. When we carry it out specifically, it should be accessible and reasonable to be interpreted with the deposit contract terms and relevant laws and norms; if there are no agreements or rules, you need to understand the trading habits, legal and jurisprudence. Breaching the collateral obligations of bank deposit contract should bear corresponding legal responsibility. The principle to look into one's liability is the principle of fault liability. The components included violations, the consequences of damage, mistakes. Violations and consequences has a causal relationship. The responsibility of breaching the collateral obligations of bank deposit contract is mainly to compensate the loss, but it also does not rule out any other ways.The legislation about the collateral obligations of bank deposit contract in China is adopted under the general conditions with the special model, in line with the international terms. But the principle of responsibility and the forms of liability are too simple, and they are needed to be corrected. In the judicial practice, the collateral obligations of bank deposit contract is identified in a degree of confusion. It should be unified in standards, based on the reasonable application of the principle of good faith.