Study Of The Deposit Contract

The contract of deposit plays an important role in transacting 16 trillion savings at least for the commons. However ,the contract law 1999 does not employ it as a representative contract categories like the contract for purchase and sale and the contract of loan among the people .There is no legal system adjusting the relations between depositors and saving banks what is the nature of the deposit contract ?When and where the contract is founded and goes into effect? How to distribute the right and the duty? The confusion of such problems causes the increasing disputes and lawsuits in recent years. The Article analyses and studies the deposit contract practically and theoretically in a comparative view.The article has six parts. Part I to part II discuss the general principles. Part III to part VI discuss the contract in details.Part I is the summary of deposit contract .The development of deposit, the contract spirits .Such as fair volunteer and honesty. Then the concept .characteristics and difference among the relating contracts are discussed in this part.Part II is the comparative study of deposit contract .There are different opinions between the civil law and the common law comparing the rules in United Kingdom-American-France-Italy-Russia .We can see that the deposit contract in our country contains the loan for consumption and pin element.Part III discusses the establishment which contains the fundamental connotation principles procedures and the mark. Then the pre-contract duty is discussed.Part IV is related to the commencement. The article explores the legal elements which help promoting the contract going into effect.Part V discusses the legal effect ,focusing on two groups of rights and duty: the free right to deposit and the duty to pay capital and interest ,the right of safe transaction and the duty to safeguard the safe transaction.Part VI discussed the contract Change, transferring and ending. This part studies the legal items of contract Change, improvement of the transferring notes, Procedures for person to receive deposits.