The Research On The Legal Ownership Of Precipitation Funds And Its Fructus Legal Issues

In the context of the rapid development of the third-party payment platform,precipitation funds and its fructus is getting more and more attention.Their ownership also sparked controversy.The new “The management method of non-banking institutions' network payment business” has defined the ownership of precipitation funds,but there is still no the relevant laws and regulations about the ownership of the fructus of precipitation funds.Therefore,the ownership of the fructus of precipitation funds is still controversial.This article clears up the controversy about the ownership of precipitation funds and its fructus by analyzing the legal attributes of precipitation funds and its fructus.It also offers some suggestions aimed at the existing problems.The article altogether is divided into four parts,Part I: Summary of the precipitation funds of third-party payment platform.This part detailedly introduce third-party payment platform,precipitation funds and its fructus.And put forward our country current regulation problems of precipitation funds and its fructus.Part II:The analyzation of the legal attributes and legal ownership of precipitation funds.Define that the customer has the ownership of precipitation funds by analyzing the legal attributes of precipitation funds.The key argument: 1.“Possession is ownership” does not apply to precipitation funds;2.The legal relationship between consumer and Alipay is mixed custody contract,which indicates that the ownership of the subject matter(precipitation funds)is not transferred.Part III: The analyzation of the legal attributes and legal ownership of precipitation funds' fructus.Define that the customer has the ownership of precipitation funds' fructus by analyzing the legal attributes of precipitation funds' fructus and related standard terms.The key argument: The agreement about the ownership of precipitation funds' fructus in article 12 of "Alipay service rules" was invalid.Part IV: The recommendations of precipitation funds and its fructus legal issues.Put forward some suggestions on our country current regulation problems of precipitation funds and its fructus to perfect our legislation.And put forward some constructions on solving the problem of precipitation funds and its fructus.