A Study Of Deposit

The deposit is a guarantee contract. In both parties at the conclusion of the contract, when delivering of the deposit, the deposit penalty makes both parties abide by the contract. The deposit and its approximate different concepts, have a certain function of security; this security role is surely different from other means of guarantee deposit, his security is bidirectional; deposit penalties and other remedies have different effects, his relief function has the nature of punishment. These characteristics determine the deposit system is very important. And it needs to be focused.This article includes five chapters:Chapter Ⅰ discusses the meaning and the history of deposit contract, the classification of deposit contract in both civil law and common law, and the distinctions between concepts related to deposit contract.at the end of this chapter, we discuss the connotation and the historical of deposit contract in China.Chapter Ⅱshows the special aspects of the deposit contract comparing with other contracts, and analyses the nature of deposit contract from four aspects including the transfer of the ownership, the subject of the deposit contract, the transactions of the deposit contract, the requirements of the deposit contract.Chapter Ⅲ studies the identification problem of deposit contract. The scope, purpose, the study the legal validity. In comparison of the deposit and advance payment, deposit and the cash pledge, deposit and the money of breaching the contracts, deposit and the advance payment, which determine the identification between the price and application of the deposit contract.In Chapter IV, the author discuss the nature punishment of the deposit penalty doesn’t obey the nature of the civil law. Instead of obeying it, the deposit penalty shows that the punishment is good for the development of the civil law. Confirm the rationality and the legitimacy of the deposit contract.Chapter V analyzed the specific rules of the deposit penalty. When discuss the applicable conditions, the partial conditions, the exemptions from the applicable conditions, we can find a new way to solve the both using breach money and deposit, or damages. So that we would solve the a problem from the current judicial practice.