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On The Ownership Of Bank Deposit Ownership

Posted on:2017-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:A Y GuanFull Text:PDF
GTID:2206330488492072Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy,bank is playing a more and more important role in our life.In the process of bank deposits,financial institutions and depositors formed deposits,and other rights and obligations between the relationship.this relationship have an effect on the economic development and social stability.Financial legislation in our country,it lacks a clear definition of the legal nature of the deposit in bank.And the views About the basic problems of different ownership laws and regulations in practice are different.Therefore,correctly define the problem of deposit ownership,no matter for deposits in Banks and to determine the rights and obligations between clients,Or for the stability of the financial order and operation,It is of very important significance.Besides Introduction and Conclusion,this paper has four parts.The first partPose a question. Raise the problem which is discussed in this paper through two cases.The deposit ownership is belong to the bank or the depositor.Our country academic circles mainly hold two views on this question.One view is that the deposit ownership is belong to the depositor.The other view is that the deposit ownership is belong to the bank.The second part:The different interface evaluation of the deposit ownership which is in the bank.This Part analyzes the relative legal rules. Someone hold the opinion is that the contract creditor’s rights transfer ownership, owned by the bank of deposit.Someone hold the opinion is that right to the use of bank deposit contract transfer, deposit is still owned by depositors.Another think the deposit ownership can belong to the bank and the depositor at the same time.The third part:Legal property of bank deposits.First,to clarify the basic theory of deposits,what is the currency and currency ownership.Then discuss the legal nature of the deposit terms,that part of the currency will be defined as deposits depositors deposit on the bank account of more legal significance.The fourth part:The determination of deposit ownership.Throughout the development history of theory of law, definition of the content has been in a state of change and development.Based upon analysis,Might as well put "content" is defined as a modern civil law.the definition of a material is a kind of existing and determine the property interest.And then analyzed the scientific points of the real right and creditor’s rights,and legal relationship of the deposit,clear the ownership of the bank deposit shall be only owned by the depositors.
Keywords/Search Tags:Deposit, Legal Relationship, Ownership, Attribution
PDF Full Text Request
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