论文部分内容阅读
现代社会,无论是个人的生存还是企业的经营、发展,都须臾离不开货币,离不开“钱”。正所谓“钱虽不是万能的,但没有钱却是万万不能的”。在我国目前的社会生活中,因现金货币及银行存款等的权属问题引起的纷争时有发生,而答案及理由和法律依据的寻觅却颇为困难。货币及其所有权的特性等问题,常为经济学界所关注,而经济学上的研究,又多限于货币的经济属性之论述。民商法学界对此问题的重视程度则明显不够。例如:民法学上通常只在总论“民事法律关系的客体——物”中将其作为一种特殊的物简单地加以介绍;物权法原理中只在动产所有权部分对其流转的特殊规则稍加提示;商事法通常也只关注货币作为资本或资金在企业财务制度、资产界定或投资中的问题,以及票据(一种所谓信用货币)制度及其流转规则问题,而更为基本和重要的货币或银行账户中资金的所有权问题,则鲜有论及。在笔者思考、研究这一问题及本文的写作过程中,竟连一篇专题文章也未检索到(当然这不排除检索途径方面可能存在不周全问题)。在民商法学中如此重要的问题却受到如此的冷遇,实令笔者不解。本文试
In modern society, both the survival of individuals and the management and development of enterprises must be inseparable from the currency and can not be separated from the “money”. The so-called “Although the money is not everything, but no money is absolutely not ”. In the current social life in our country, the disputes arising from the ownership of cash money and bank deposits have taken place from time to time, and the search for answers and reasons and legal basis has been quite difficult. The characteristics of currency and its ownership and other issues often pay close attention to the economics profession, and the economics research is limited to the discussion of the economic properties of money. Civil and commercial law circles pay more attention to this problem. For example, in civil law, it is usually simply introduced as a special object in the General Theory of Object of Object of Civil Law Relations; the special rules of the law of property rights that only the ownership of movable property circulates to it As a reminder, the commercial law usually focuses more on the issue of money as a capital or fund in a company's financial system, asset definition or investment, as well as the issue of a bill (a so-called credit currency) and its circulation rules, which are more fundamental and important Of the currency or the ownership of funds in bank accounts, is rarely discussed. In the author's thinking, the study of this issue and the process of writing this article, even a feature article is not retrieved (of course, this does not rule out the search path may have incomplete issues). In civil and commercial law such an important issue has been so cold, so I puzzled. This article test