Research On The Validity Of The Claims To Prospective Creditor Possessor By Debtor

System of quasi-possession claims is in a specific system, in nationallegislation and judicial practice is widely used in all kinds of situationspeople pay creditors quasi possession. It has not been established inLegislation in china, but the judge applied the system intentionally orunintentionally in judicial practice, especially in the impersonator depositdisputes the trial. In order to protect the interests of the debtor to settle themaintenance transaction security and trade order, it is necessary forprospective creditor tenure system for in-depth discussion. Throughresearch on the quasi-possession theoretical foundation system, ourjudicial practice, analyzing the problems, this essay intend to ultimatelyto "impersonator deposit" perspective of specific quasi-possession creditanalysis system applicable standards in savings contract, with a view ofour legislation and judicial practice benefit.Apart from the introduction and the conclusion, the essay is dividedinto four Chapters，the main contents are as follows:ChapterⅠis a brief overview of the basic theory on the system ofquasi-possession claims. Through introducing the concept of quasi-Possessor, this chapter analysis the types of the debt prospectivepossessor, the debtor in good faith to payment, fulfill the obligation,which is the elements of quasi-possession system. ChapterⅡ introduces the trial practice and its problems. From theapplicable dispute, combined with the expansion of the creditor hereinprospective possessor division, from the real debt certificate holderbenefits and claims for fake certificate holders pay two angles, cited fourcases of two types to analyze the current judicial practice of theapplicable law, and in the presence of different legal issues constitutevague, and should be clarify the necessity of quasi-tenure system.Chapter III is the specific application of the system of quasi-possession claims in impersonator deposit disputes. Comprehensiveconsideration of the debtor (the bank) and creditors (depositors) ofliability, specifically discussed the identity of the debtor’s examinationdeposits, certificates of deposit to verify the authenticity of identitydocuments to identify the authenticity of the duty of care, and put forwardmy own opinions on how to identify the legal effect of quasi-possessionpayments.Chapter IV is the quasi-legal consequences of the application ofquasi-possession claims system. Focuses on the legal relationshipbetween banks and depositors, depositors and Impersonator depositors,the bank and Impersonator depositors, to clear legal consequences settleeffectiveness. In addition, claims for contributory negligence in the quasi-possession system applicable and clarifying the effects of the payments,are described...