Deposit contracts

Deposit agreements are the most basic kind of banking contracts. In deposit agreements persons deposit an amount of money in the bank in order to save money or interest. As a result of the transfer of the ownership of the deposited money to the bank, the bank has the opportunity to benefit from that money. However, the bank is obliged to return deposit amount to the deposit owners. Though the importance in economic life and come across mostly in everyday life the provisions of deposit agreements have not been established in any code. In the Banking Act No. 5411, the concept of "deposit" is defined, additionally some provisions related to deposit agreements have been regulated in that act. For these reasons, in order to determine the provisions applicable to deposit agreements, it is necessary to determine the legal characteristic of the agreements. While determining the legal characteristic of deposit agreements, the aim of people who make deposits in the bank is important. In demand deposit agreements the aim of people is to save some money. In this course, it can be said that the legal characteristic of demand deposit agreements is irregular deposit agreement. In time deposit agreements the aim of people who make deposits in the bank to gain bank deposit interest; however, it is possible to gain bank deposit interest by leaving some money for the usage of the bank for a certain period of time. In that case, the legal characteristic of time deposit agreements is loan agreement. Because of this, the provisions of irregular deposit agreements regulated in Turkish Code of Obligations are applicable to the demand deposit agreements, the provisions of loan agreements regulated in Turkish Code of Obligations are applicable to the time deposit agreements. In addition, for both deposit contracts, special regulations in banking legislation should also be taken into consideration. Key words: deposit agreements, demand deposit agreements, time deposit agreements, irregular deposit agreement, loan agreement.