The concept of deposit and protection of depositors in Turkish and Guinean law

Banks are a financial intermediary between those in need of financing and investors with financing capacity, and in this sense, they are an important driving force of the economy. This is because the deposits or funds collected in banks under different names serve production, employment and ultimately the development of the economy. This is sometimes realised through development and investment banks, sometimes through commercial banks and sometimes through participation banks. Between 1994 and 2003, 25 banks in Turkey failed due to management problems, especially internal and external audit weaknesses, costing the state US$ 41 billion in repayment costs. In 2011, a bank failed in Guinea. This situation cost the Guinean state a repayment of USD 2.2 million in 2017, and around ten thousand depositors (depositors) were victimised. Depending on the economic conditions and banking regulations in these two countries, governments have taken strict measures not only to avoid a possible bankruptcy, maintain an economic balance, protect depositors, but also to insure deposits. In this context, the subject of our study examines the concept of deposit, which is an important fund collection method in both Turkish and Guinean bank laws, and includes the rights of depositors who provide these funds to banks and the legal mechanisms that protect them. After the experiences in these two countries, a comparative study was needed in order to prevent possible victimisation and to better understand the measures taken, and it was aimed to conduct this comparative study in order to explain the protective provisions in these systems, to reveal their deficiencies and to make suggestions. In this study, the concept of deposit, its legal nature, types of deposits and deposit insurance systems in Guinea and Turkey will be discussed and the issue of protection of savers who deposit their savings in bank deposits and the importance of this issue in terms of the legal system and essentially the economy of both countries will be tried to be revealed. Key Words: Concept and Legal Nature of Deposit, Types of Deposits, Rights and Protection of Depositors.