Theory Of Commercial Banks Business Operators To Customers Of Security Obligation

In science for winning the bank of China, nanjing hexi savings contract dispute case, criminals to steal secret depositors’ money, the plaintiff requests the defendant to compensate for his loss. Although in this case the Banks have to part of the security obligation, but the court still believe that the plaintiff in the premises to control the bank business is dealt with, the banking services provided by the environment is to achieve the necessary security, the degree of secrecy, so bank of China, nanjing hexi sub-branch in the case constitute a default, ruling bank compensation for property losses of customers. In the case of infringement of a third person, the commercial Banks to the boundary of the security obligations to the customer how to define the responsibility and the bank.The first chapter of this paper is divided into three sections, the first section mainly introduces the general operator is the judicial practice and the development of the security guarantee obligations, the two big legal system of judicial practice and laws precedents are on our country’s security obligation has played a certain enlightenment function, the security obligations of the development of our country’s late, but all kinds of problems in practice to promote the study of the theory of the security obligations, the provisions of the laws of this part also continues to improve. The second section of the concept of security obligation in this paper, the commercial Banks, to general operator security obligations to the customer first to carry on the definition, and then compared the commercial bank as the particularity of the operator, and operators in the commercial bank to define the customer’s security obligations defined. The third section mainly in this paper, the commercial bank the theoretical foundation of the security obligation and related law, theoretical basis including the honest credit principle, risk control principle, the consistent principle of the three principles of benefit and risk, security obligations stipulated in the commercial bank in our country in each department law and legal interpretation.The second chapter of this article is mainly on the nature of the commercial bank security obligations and the constituent elements. In the first section, the author of the nature of the commercial bank security obligation has carried on the related reasoning, in three main viewpoints, the author thinks that this obligation is defined as the obligation of tort law is more reasonable. In addition, the security obligation of commercial Banks is a positive as obligation, if the bank is not as behavior violates the obligation, will bear corresponding responsibility. In the second section of this chapter, the author of commercial Banks the obligation of security components, including bank security obligations of subject, the object of bank security obligations, and commercial Banks to the specific content of the security obligation.The third chapter of this paper is discussed in the case of the infringement of a third person, the commercial bank the obligation of security responsibility and boundary defining the problem. The first section, the elements including responsibility imputation principle, responsibility way three aspects of content, responsibility constitutive requirements include illegal behavior and damage consequence, cause-and-effect relationship between behavior and injury consequence, fault. For such a case of imputation principle, should use fault-presuming standards, in the case of the infringement of a third person, the commercial Banks’ liability way should be a supplementary liability to pay compensation, commercial Banks to compensate for the client, you can recover from the infringement of the third person. The second section discusses the commercial Banks to the boundary of the security obligations, including commercial Banks, security obligation of time and space scope, and the rationality of the obligation to undertake standards, should consider the various factors to determine, such as commercial Banks have done a good within the scope of control hardware and software aspects of the security and so on. The last part is the conclusion of this article.