Research On The Reclamation Right Towards The Deposit Currency

As for the issue of bankruptcy reclamation of monetary property,the mainstream view of judicial practice is that the basis for the right of reclamation is the right to return the object of civil law.As a special movable property,money is generally applied to the rule that “Possession is ownership”,the application of which can only be excluded if the relevant monetary property meets the specific criteria.There are three points in the above-mentioned referee's opinion that are worthy of reflection: one is how to understand the right basis of the reclamation right,the other is whether the deposit currency is applicable to “Possession is ownership”,and the third is how to understand the specification of monetary property.After research,it can be concluded that the system function of the reclamation right is to play the cutting function of interest conflict between the person claiming to get back and other creditors.The main point of judgment is that the property does not belong to the bankrupt debtor and belongs to the person who claims to get it back.For the benefit of the above,when the object of retrieval is tangible,the rule of ownership of the property law can be used to clarify the attribution of the object;when there is no specific form of the object of retrieval,such as the deposit currency discussed in this article,the essence of which is only the depositor's claim to the deposit bank.At this time,the path of thinking in accordance with the cash and currency should be abandoned,and the essential attribute of the returning deposit currency should be discussed.From the perspective of the general account and the special account,the bankruptcy retrieval rules of the deposit currency should be discussed.As for the specification of monetary property that the court judges usually pay attention to,the author believes that the following two points are worth noting: First,the purpose of monetary property specification in the context of deposit currency is not to demonstrate that the original right holder has ownership of the disputed deposit currency.Instead,the disputed deposit currency can be distinguished from the general liability property of the bankrupt debtor,thereby satisfying the right to reclaim the “the property does not belong to the bankrupt debtor”.Secondly,the criteria for determining the monetary property specificity in the context of deposit currency are different depending on whether the deposit currency is a general account deposit or a special account deposit: the deposit currency in the special account is itself based on legal provisions or special agreement of the parties,and it has innate specific attributes;deposit currency in the general account,generally based on the name of the account to determine the attribution of the deposit currency,but there are three special circumstances of borrowing accounts,wrong remittances and special funds worthy for further discussion.