Study On The Dispute Case Of Bank Deposit Account Pledge

Under the background of the judicial interpretation of the new Guarantee system,the pledge of the deposit account is not the pledge of the margin.The pledge of margin account means that the pledgee establishes a special margin account which is actually controlled by the pledgee to guarantee the performance of the loan debt or deposits a certain percentage of the margin into the pledgee’s margin account.The Civil Code and other laws have no special provisions on this system,and a provision in the judicial interpretation can not completely solve the application problems in practice.Therefore,it is necessary to sort out the problems in practice and conduct a systematic study in combination with the theory of civil law.Through the conditional screening of the cases in the database,the 89 cases tried by the Supreme People’s Court were finally selected as the sample cases of this paper for specific analysis.From the perspective of sample cases,the controversy of such cases mainly focuses on three issues,namely,the nature of the deposit account pledge,the establishment requirements and the realization and relief of the pledge.First of all,the legal nature of the pledge of the margin account belongs to the pledge of chattels,and the rules of pledge of chattels apply.when the pledge is not established,the bank offset system can be applied for relief.Specifically,in order to explore the legal nature of this guarantee method,the establishment methods of deposit account pledge should be differentiated.When the debtor or a third party sets up a special deposit account and is actually controlled by the creditor,its legal nature is a general movable property pledge.When the debtor or a third party deposits the security deposit into the security deposit account established by the creditor,its legal nature is a special movable property pledge.Secondly,as for the establishment requirements of deposit account pledge,"deposit in a special deposit account" and "control" the account as the way of public notice methods.The "specialization" of deposit currency should no longer be an element of the establishment of pledge.Finally,from the point of view of right realization,in the case of pledge right establishment,"direct deduction" can be used as the realization way of pledge right.If the pledge right is not established,the essence of "direct deduction" is to eliminate the debt relationship by exercising the agreed offset right.When the debtor is bankrupt,the creditor has no right to directly deduct the deposits in the account.From the perspective of right relief,the deposit account pledge dispute can be resolved in the trial procedure.When other subjects claim the right of deposit in the account,it can also be resolved through the objection lawsuit of the implementation of the distribution plan.An outsider may directly request the effective judgment of the court to participate in the allocation,and give priority in the process of participating in the allocation.If the pledgee is not satisfied with the execution of the distribution of funds,he may file a lawsuit of objection to the execution of the distribution plan.