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A Study on the Civil Liability for Fraudulent Savings Deposit Withdrawals

Author: WangLei
Tutor: DongWenJun
School: Jilin University
Course: Legal
Keywords: Save Deposits impersonator Civil liability
CLC: D922.28
Type: Master's thesis
Year: 2011
Downloads: 73
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Abstract

The The deposit contract dispute is more common contract disputes, most of which are deposits impersonator disputes, movement savers account deposits, banks and other financial institutions considered normal withdrawals of depositors, the normal bank payment. For deposit impersonator, depositors that banks and other financial institutions did not fulfill the obligations of the payment review, should assume the payment obligations once again, and financial institutions that have fulfilled the obligations of the formal review of payment, belonging to the proper discharge of the deposit contract, even if an error occurred payments, but exist Disclaimer grounds, has no gross negligence, do not assume civil liability impersonator. This paper uses Civil Law, Contract Law of the general principles and contractual liability theory, analysis of savings deposits impersonator civil liability issues, the paper is divided into three chapters, the first chapter discusses the deposits impersonator legal responsibility to determine the basis; chapter discusses the deposits impersonator liability determined based on; The third chapter discusses the deposits of the impersonator legal responsibility relief. In judicial practice, deposits impersonator in the end who should bear civil liability, how to bear civil liability, because of the lack of legislation and imperfect, recognize inconsistencies in the judicial practice, to lead deposit the impersonator disputes legal responsibility controversial, also makes deposits impersonator civil liability theory and judicial practice needs to focus on the problem. In this paper, the analysis of the nature of the savings contract to address the problem of deposits impersonator who is liable for the banks and other financial institutions or individual depositors? Analysis and evaluation of the nature of the relevant laws and regulations of the savings contract and four representative theoretical point of view, drawn deposit contract is the conclusion of the contract of consumer credit. Deposit contract depositors delivery of the currency to banks and other financial institutions lost possession of money, lost ownership of the money, but a bank deposit contract claims by possession of the currency of the depositor, the bank obtained ownership of the deposits. Deposits impersonator dispute is in fact falsely claimed had been infringed by the ownership of bank deposits, resulting in the loss of the bank's depositors (savers) can be based on claims require banks to pay the deposit again. Breach of obligations can be responsible for review of payment obligations of the contract of deposit banks and other financial institutions to analyze the nature of the obligation of the bank payment review, incorrect payments, the legal result of improper payments in the end in order to clear bank assumed contractual liability, or tort the responsibility? explore Bank review of payment obligations included in the payment review, review of payment, bank payment review of gross negligence, depositors self-remedies, typically savers proceedings the burden of proof to determine the deposit the impersonator disputes legal responsibility the basis and relief. The payment depends on the irregularities and errors in the specific judgments bank gross negligence causal relationship, bank irregularities, but not a direct result of payment error, can not constitute gross negligence. The two situations proposed overpayment Disclaimer payment and creditors negligence claim is quasi-possession. The person in possession of payments to the creditors of the prospective creditors fault both relief bank payment obligations of the subject matter does not exist independently. In particular dispute, the two grounds may exist. Should first consider the bank payment if the person in possession of payment to the claims of the prospective, if the establishment of the bank to fully indemnify, if they do not, then study whether banks can prove depositors fault, If savers fault, relief may be appropriate re-payment obligations of the Bank. Through the discussion and analysis, I believe that the deposit impersonator disputes the obligation of banks to take payment review is the form of review obligations, the bank had violated a review of payment obligations errors payment, should bear the responsibility of the contract, as long as the burden of proof to prove the presence Disclaimer Subject, the bank should be the real rights of depositors bear the responsibility to pay again, but at the same time the bank if you can prove that the person in possession of payments to the creditors of the quasi creditors fault deposits impersonator can constitute the subject matter of the Bank of Exemption, bank can not assume or less liable for the payment. Finally, I sincerely hope that this paper savings deposits impersonator of civil liability of the actual work of the judicial practice and financial professionals.

A Study on the Civil Liability for Fraudulent Savings Deposit Withdrawals

Abstract

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