Legal Research On Bank Security Deposit

Commercial bank deposit pledged as a new financing guarantees, it is to adapt to the needs of modern economic activity and financial business development and the emergence and development of the financial intermediation has a very important significance. Compared with other collateral security margin in the realization of the pledge when the pledge right without going through the auction sale of other procedures, can be directly realized, as well as custody convenient, low risk characteristics, which welcomed the community, secured loans in financial institutions It has also been widely used. No matter what kind of academia and the judiciary there are doubts, financial bite more and more popular way of security, with the continuous development of the financial business, margin accounts pledged are widely applied to many other financial services which, in addition to bank acceptance margin, open letters of credit and other conventional margin of margin, the current housing mortgage loans, automobile consumer mortgage loans, guarantees and other business areas have also appeared in the case of customers and guarantee deposits provided as collateral security for the banks. Since China has not been established to ensure that account pledge system, and the relevant existing system is not clear, imperfect, confusing practice on the use of domestic scholars have not given enough attention, very little research in this regard. Therefore, the margin pledged to explore the issue on the legal level, there is some practical significance.Combining business practices and specific cases of bank deposit collateral security analysis of the problem. In this paper, the margin for the selected cases in Anhui Agricultural Development Bank indeed v. Right. The first part of the basic facts of the case and the court of first instance and appeals court judges on the case of the case has been described and analyzed in relation to the specific circumstances of the case. The second part discusses the legal nature of the commercial bank deposit accounts pledged to introduce several common types of bank deposit, bank guarantee and buoyancy characteristics were discussed. The third part of the main elements of commercial bank deposit established written pledge. Including the signing of a written pledge contract, deposit of specific, publicity and delivery and so on. Finally, Part IV analyzes the common risks and problems in the commercial bank deposit business exists, and proposed risk prevention measures and related institutional improvement recommendations.