The Use Of The Money In The Deposits Banking. Some Questions Of Roman Law Within The Framework Of The Present Financial Crisis

Abstract

The use of the deposited money has become a practice generalized in the present bank although it finds its origin in the Middle Age. The necessity to maintain a required cash reserve of the 100% or on the contrary, with fractional reserve, continues nowadays being discussed by economists and jurists mainly in circumstances of financial crisis in which, after putting in circulation high amount of money, the cyclical retraction has taken place. In Rome, that also knew this kind of crisis, the money deposits were recognized; in them, the faculty of use derived from the own delivery of the simply counted money that it determined the transfer of ownership of it to the depositary. Nevertheless, the obligation of the depositary to give back the thing in the moment when it was required by the depositor, served as a barrier to the possibility of an effective use of this amount for the own business of the depositary.