Abstract

Deposits are a commonly used security measure in civil transactions. However, Article 328 of the 2015 Civil Code does not specifically regulate ownership of deposited assets, which has resulted in divergent interpretations and applications in practice. In particular, when deposited assets are transferred to a third party, questions arise as to the determination of ownership and the identification of the party obliged to return such assets. This article examines the relevant legal provisions and judicial practice concerning the determination of ownership of deposited assets, thereby identifying existing shortcomings and limitations, as well as the legal consequences arising among the depositor, the deposit recipient, and third parties. On that basis, the article proposes several recommendations for improving the legal framework governing deposits and strengthening the protection of ownership rights over deposited assets.

Keywords: Deposit; deposit recipient; deposited assets; depositor; ownership rights.