Research On Several Legal Problems Of Deposit Contracts

To some extent, the success of Commercial banks operating depends on the deposit business development good or bad. A contractual relationship is formed between banks and customers by deposit contract, and it establishes the foundation of deposit business. Modern theoretical study and judicial practice have different acknowledge to the problems that exist in deposit contract. Firstly, there are different views about the attribution of ownership of deposit and the nature of deposit contract in modern theoretical circle. Chinese current legislation on the financial and protection of property has not clearly defined the nature of the deposit contract. In this paper, through the analysis of theoretical study of domestic and abroad. I consider that while customers depositing money in a bank, the bank gets ownership of the deposit and the customers get the corresponding obligatory right, and the nature of deposit contract should be identified as consumer lending contract, and it looks forward to be named by future legislation. Secondly, the dispute of deposits falsely claimed by other is the most representative in deposit contract disputes, and in current judicial practice, because of the different acknowledge to the nature of deposit contract, the standard of judge’s referee is not the same. This paper discusses the issues related to the deposit contract, from the legislation, judicial practice and the banks themselves explore the corresponding countermeasures, try to solve the existing problems, prosperity and stability to the banking industry.