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Research on Deposits of the Legal Nature of Property Rights and Their Protection

Author: XuZuo
Tutor: HeLiHui
School: Lanzhou Commercial College
Course: Economic Law
Keywords: Deposit Creditor says Property Rights said System of deposit insurance law
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract

On the definition of the legal nature of the deposits property rights of academia and the relevant laws have different views and stipulates that sum up the main creditor said and Property Rights said. These two very different outlooks, the former depositors own funds deposited in a bank, they obtain appropriate reimbursement requests the right to obtain ownership of that debt, bank depositors deposit funds, this view has been the support of our country, \. The latter depositor funds deposited in a bank is still entitled to the ownership of the funds, the bank is entitled to only the right to use, this view has been the support of our Constitution and the General Principles of the Civil Law \In fact, the surface is no special significance of the legal nature of the distinction deposits property rights, depositors on time to the bank teller, regardless of the depositors enjoy ownership or debt, the bank will pay the deposit to the depositor. But when the bank is declared insolvent and bankrupt, determine the legal nature of the deposit property rights is particularly significant. If the deposit is a debt, then depositors only in accordance with the provisions of the bankruptcy law, bankruptcy and property in the bank to pay the liquidation expenses and owed wages of workers and labor insurance expenses involved in the bankruptcy liquidation and bankruptcy property allocation (academics called said claims); deposit is considered a kind of ownership, so savers can retrieve the right provisions in accordance with bankruptcy law directly from the bankruptcy liquidation group to retrieve deposits (academics called real right to say). The order of liquidation is not the same, depositors can get the deposits and to get the number of deposits is very different. Saying goes two evils choose the lesser, this paper analyzes the real right to say that there are major flaws, I agree with the view of the creditors said, but this view is not perfect, its disadvantage is that when the bank failures is likely impossible to implement. Savers claims, so I suggest as soon as possible to establish a deposit insurance legal system suitable for China's national conditions to protect the legitimate rights and interests of the depositors. This paper is divided into five chapters, the first chapter briefly describes the significance of the topic of this article, research purposes, and related literature review and possible innovations. The second chapter introduces the concept and characteristics of deposits, deposit the legal relationship between subject and object. The third chapter discusses the property rights that the rights and obligations of the theory bank depositors, said the advantages and disadvantages as well as property rights. Chapter IV discusses the claims that the rights and obligations of the banks and depositors under the theory of foreign legislation and case investigated and claims, said the advantages and disadvantages. The fifth chapter introduces the necessity and feasibility of establishing the legal system of deposit insurance, foreign deposit insurance legal system and our path to establish the legal system of deposit insurance.

Research on Deposits of the Legal Nature of Property Rights and Their Protection

Abstract

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