The proposition that"the possessor of money is the right holder"is a partial acceptance of the minority view of comparative law and should be completely abandoned.The rules of the claim for the re-turn of money should be based on the understanding that money is a universal equivalent and a highly negotiable and fungible property.Although deposit money is presented as a claim against a bank,it per-forms the function of money in transactions and therefore is also money in essence.The right of"claim for return of money",which has the property law effect,is applicable to both cash and deposit money.When the money is mixed,divided co-ownership should be established and the money holder can request partition.The claim for the return of money can be fulfilled by the payment of another money in an a-mount of equal value.When the money is exchanged,the money holder's right of claim for the return of money will not be reduced to restitution of enrichment,but can be continued on the exchanged money basing on the theory of claim for return of the money's value.When buying new things with other peo-ple's money,the new things can be regarded as a substitute and continue to be covered by the scope of the money holder's right of claim for the return of money.
cashdeposit moneyclaim for return of moneyclaim for return of money's valuesurro-gation
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