Research On The Ownership Of Deposit Currency

With the continuous prosperity of the Chinese economy and the continuous accumulation of people's wealth,the total savings of residents also increase.As technology in banking continues to improve,people are moving from paper bankbooks to chip cards,which brought various disputes between banks and depositors.There are also a growing number of disputes related to deposit currency.In the theory of civil law,there are rules of property variation for movable property.The currency as a kind of movable property that should also apply this rule.But based on its particularity,another rule is used to determine the right ownership,namely the principle of " possession is ownership ".while deposit currency as a new type of property,which is based on deposit Contract and derived from cash money.Although there is an argument about its legal nature in the academic circle: whether it is a property right or an obligatory right,the author insists that deposit currency and cash money have the same legal nature,both of which are movable property.Since deposit money is the "thing" of property right,how can we judge the ownership?The article consists of four parts: The first part is posing a question.By assuming that the principle of " possession is ownership " in the traditional theory of civil law can be directly applied to the deposit currency,a series of problems will arise,which leads to the content of the paper,that is,the deposit currency of legal nature?ownership and so on;The second part is the basic theory about the legal nature of deposit money.Through the analysis of the legal nature of legal tender and the principle of " possession is ownership ",combining with the characteristics of deposit currency,we can determine that it is a valuable thing,and we cannot directly judge its ownership by the principle of legal tender.The third part is the views about deposit money ownership.Because there are few statute about deposit currency in the legal system,and the content of the statute is ambiguous and department laws also contradict each other,so there are a lot of viewpoints about the ownership of deposit money in academic circle.After analyzing and evaluating various viewpoints,this paper points out that due to the complexity and diversity of deposit currency types,ownership should be judged according to the type,rather than be generalized.The fourth part is typed deposit money analysis of ownership.According to the actual obligees of deposit currency,the deposit currency is divided into the following three types based on the different claims:(1)Borrow the account type;(2)Deposit pledge dedicated account type;(3)account transfer mistakes type.Combined with cases,this paper determines the ownership of deposit currency according to different types,and how to protect when the rights and interests of the actual obligees of deposit currency are damaged.