The Research On The Collateral Obligations Bank Deposit Contract In ATM

At present, ATM is increasingly popular. We all enjoy its convenience and swiftness. But behind this new type of bank transaction tools, there lies very complicated contractor relation. Therefore, compared with collateral obligation in traditional bank deposit contract, which in ATM contract is more complicated and involves more subjects. Collateral obligations in ATM bank deposit contract refer in particular to collateral obligations between card issuing bank and depositors each time depositors transact through ATM, on the basis of personal debit card contract'entry into force. The obligations do not settle down at the beginning, but with the development of contract relation, gradually come into being. That is in the development of contractor relations, One of the party should abide by principle honest and credibility and perform duties of notification, assistance, condidentiality and protection.The thesis is elementary research about Collateral obligations in ATM bank deposit contract, which consists of five parts, excluding introduction.The first part is to give a definition on Collateral obligations in ATM bank deposit contract.Bank deposit contract refers to legal contract relation that depositors deposit cash into bank, which includes both organization account and personal account. The deposit certificate are bankbook, deposit receipt and band cards. Therefore, in ATM bank deposit contract, depositors should be individual, not organization, and deposit certificate he uses should be bank debit card, not other deposit certificate, while transacting through ATM.The second part is analysis about definition and form of Collateral obligations in ATM bank deposit contract. Its history dates back to honest agreement in ancient Rome law. Additional obligations of honest and kindness are demonstrated in Civil Code of France, moreover, the Code suggests this obligation originate from those fairness, habits and laws which based on agreements. Civil Code of Germany initially regulates honest and credibility as basic principle in law of obligation. Article 242 in it regulates: debtor is obliged to pay back according to transaction custom, abiding by principle honest and credibility. During juridical practice, the court cites article 242 and give creative explanation and issue new obligations that contract needs. Thereby many typical cases of this kind are left, which be called collateral obligations by subsequent scholars.Collateral obligations of bank deposit contract do not come into effect as the contract'entry into effect, so even sophisticated party is unable to concern all contents and bring into the contract. Thus, the establishment of collateral obligations is derived from power expansion of principle honest and credibility, whose specific forms are notification, confidentiality, assistance and protection.The third part is analysis about theoretic civil law basis of Collateral obligations in ATM bank deposit contract and its comparison with other obligations. Collateral obligations have expanded to some extent because of emphasis and protection of trust interest that based on principle honest and credibility. Expansion of bank deposit contract obligations demonstrate in two phases: before establishment of contract and after contract performance. That are pre-contract obligation and subsequent contract obligation. Meanwhile, it also demonstrates in the performance of contract, including paying obligation,collateral obligation and obliegenheiten. For collateral obligations of bank deposit contract are various and complicated, we could more accurately analysize Collateral obligations in ATM bank deposit contract as long as we make clear difference and connection among collateral obligations and others.The fourth part is making division about contents of collateral obligations for different parties. Parties of collateral obligations in ATM bank deposit refer to all parties connected by ATM, including bank deposit contract party and the third person, including oblige and obligor, including collateral obligation performer and beneficiary. So complicated, in order to better understand collateral obligations of bank deposit contract, classification and analysis of different contract parties is helpful to understand and apply collateral obligations of ATM bank deposit contract.The fifth part is Breaching the collateral obligations of ATM bank deposit contract should bear corresponding legal responsibility.The principle to look into one's liability is the principle of fault liability .The components included violations , the consequences of damage , mistakes . Violations and consequences has a causal relationship .The responsibility of breaching the collateral obligations of bank deposit contract is mainly to compensate the loss,but it also does not rule out any other ways.The legislation about the collateral obligations of bank deposit contract in China is adopted under the general conditions with the special model,in line with the international terms.