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The Responsibility Analysis between Banks and Depositors of Deposits Falsely Claimed

Author: KongWeiJie
Tutor: MaMingXian
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: falsely claim savings deposit responsibility
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 36
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Abstract


Savings disposit disputes in social life are more and more common and also common occurance in the judicial practice. Savings deposit dispute controversy are usually focused on two aspects that segregation of duties and whether both sides fulfil legal obligation. In this thesis, we select a typical contract deposit contract dispute of Mr Bi, with emphasis on the analysis above two aspects.In responsibility divided aspect, both the bank and its customer will provide and the evidences in its favor, denied that he should fulfill obligations and then refused to assume corresponding responsibility. And there is no provision of some relevant obligations in the contract and also in laws. There are no unified answers to such obligation confirmation in practice. It leads to great difficulties in the trial of cases. It is difficult to reach consensus for the bank and depositors on haw the bank shall fulfil obligation to ensure security after the depositor deposit the money into bank. The bank will argue that it has already fulfilled its obligations in accordance with the relevant provisions and paid deposit according to the regulation. Therefore, it shall not be liable and the responsibility should assumed by the depositors for their faults. Depositors harm give evidence for that claim, which makes it difficult to get compensation for the loss of depositors.In view of the above two problems, firstly, the thesis considers the case with the general principles on contract law and the relevant provisions of the banking indstry should be as a rule,which is based on the nature of our savings relationship and the analysis of relevant laws and regulations and relevant provisions etc. Because such cases are too more and there no special and the customized law of the contract of savings account as judge the rights and obligations of the parties in judicial practice, it causes difficulty in such cases of the judges, This thesis suggests we should be based on the provisions of the contract law and its general principles,related laws and regulations, the relevant provisions of the banking and judicial interpretation expressly. Secondly, through the analysis of the relevant laws and regulations, this thesis considers that even bank has paid up that money in accordance with its internal some rules, and if we find there are serious problems in examination certificate, the bank should also be mainly responsible for the case of falsely claim on deposits. So it makes savers rights can fully relief. Finally, based on the specific circumstances of the case and the author’study on this case studies, the author summarizes some of his own thinking and general thoughts to handle such cases and put forward to suggestions on the deposit contract specific legislation.

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