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chu xu cun kuan chan quan pei zhi shuo wei tan
Author(s): 
Pages: 177-180
Year: Issue:  12
Journal: Enterprise Economy

Keyword:  savings deposittheory of the real rightstheory of creditor’s rightstheory of property right configuration;
Abstract: In the debate about the legal attribute of deposits in our country, there are two major theories, i. e., real rights and creditor’s rights, but both of them fail to solve all sorts of problems which savings are involved with clearly. This situation is caused partly because it is only put in the context of Civil and Commercial law. However, savings relation is not only adjusted by Civil and Commercial law, it also embodies the country’s social intervention to it, which meanwhile needs the adjustment of the economic law. Property right relations, as a subfield of economic law, further reflects the relationship between savers and banks’rights and duties about the bank of deposits. The formation process of savings deposits is cash currency property in the configuration process between the depositors and banks. Savers store cash to the bank, at the expense of the loss of the possession and use of cash, and obtain the right to claim for cash payment, interests for banks and savings of disposition; with the ownership of the cash, banks can exercise for cash to possess, utilize, and seek profits and dispose of the rights in a certain degree. After the right configuration for deposits, depositors with bank for payment as key points produce a legal relationship, and the nature of the right to claim payment should be a collection of claim and the right of formation.
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