试论商业银行能否利用帐户单方面行使抵销权

On Whether a Commercial Bank can Use an Account to Unilaterally Exercise the Right of Offset

银行与在银行建立帐户的客户之间的法律关系从性质上来看主要是一种借贷合同关系,因此,当客户同时又是银行的借款人时,如果符合合同法上抵销的条件,银行可以单方面行使抵销权。这对保护商业银行的贷款债权尤有重要意义。

The legal relationship between a bank and its clients who have accounts in the bank is the relationship of loan contract in nature. Therefore, in the ease that the conditions eonforms to the regulations on setoff in the contract law and a client is also a debtor, the bank can unilaterally exerCise the right of setoff, which is important to protect the creditor＇s loan rights of commercial banks.